Experience

Mr. Montana has been a member of the American Arbitration Association since 2005 and has acted as an arbitrator on both their Commercial Panel and the Large, Complex and Commercial Dispute Panel. He has acted many times as a single arbitrator, a member of a three-arbitrator panel and as the chairman of a three-arbitrator panel on commercial disputes involving:

  • Valuation of stock of a closely held corporation and appraisal procedures
  • Dissolution of a law firm and disputes arising out of that dissolution among the partners
  • Oppression of minority shareholders
  • Breach of corporate and partnership fiduciary duties involving closely held corporations, partnerships and law firms
  • Cross actions for declaratory relief related to coverage issues and misrepresentation related to an insurance company’s refusal to pay proceeds of an insurance policy covering an insured personal guarantee of a loan of over $5 million
  • Actions for compensatory and punitive damages for fraud and breach of fiduciary duties
  • Misappropriation of trade secrets
  • Misappropriation of corporate opportunities
  • Misrepresentation in sale of securities; 10(b)(5) actions
  • Breach of shareholder and partnership agreements
  • Breach of a variety of commercial contracts
  • Actions for declaratory judgments
  • Breach of non-compete and non-solicitation agreements
  • Actions for injunctive relief
  • Actions for recession
  • Actions for sanctions, damages and injunctions related to electronic data, electronic discovery and spoliation of evidence
  • Issues related to whether automobile dealerships should be reinstated to the dealer network of a major, nationally known automobile manufacturer, including issues related to adherence to the franchise agreement and performance objectives (MSR and other criteria), profitability, economic viability, market characteristics, and the respective economic interests of the dealer and the manufacturer

Industries

  • Gaming/Casino Industry
  • Banking/Financial Institutions
  • Insurance
  • Distributorships/Franchises
  • Law Firm Disputes
  • Automobile Manufacturing and Dealership
  • Investment Advisory and Stock Brokerage
  • Food
  • Disputes among buyers and sellers of securities 10(b)(5)
  • Illinois Government

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