Our people

Diane is a partner in the firm's Chicago office, and is a member of the firm's Global Regulatory Enforcement Group.  She represents clients engaged in commercial litigation and arbitrations, as well as administrative, regulatory and government proceedings. Her representations include cases involving antitrust, consumer fraud, Lanham Act, trade regulation, trade secrets, unfair competition, tortious interference, healthcare, and state attorney general actions, both in individual actions and in class actions.

Diane represents clients in antitrust consultation and litigation, including private class actions, government actions, and antitrust compliance programs. Her representations have generated numerous published opinions on a variety of antitrust issues, including relevant market definition and antitrust injury.

In addition, Diane has extensive experience representing clients, in litigation (both individual actions and class actions), arbitrations, and consultation matters, in the area of franchise and distribution law.  Her work includes cases and consultation involving state franchise and distribution laws (general and industry-specific), antitrust laws, and contract issues (including contract termination).  Diane has written numerous articles and made presentations on franchise and distribution law, and she is a former Associate Editor and Articles Editor of The Franchise Law Journal. Diane has been listed in "Who's Who Legal" in Franchise Law and was honored as a "Legal Eagle" in franchise and distribution law in the Franchise Times in Spring 2009.

With regard to her work in the health care industry, Diane represents clients including pharmaceutical companies and group purchasing organizations, in litigation, administrative, and regulatory matters.  She also advises clients on escheatment laws, including representing clients in state audits of unclaimed property and in negotiations and/or litigation arising from state audits.

For more than 15 years prior to joining her previous firm in 1993, Diane, who is a Certified Public Accountant, served in both the tax and audit departments of large national and regional CPA firms. She provided tax consulting services and conducted certified audits and compliance reviews for a wide variety of clients. Earlier (1975), Diane worked with the Chicago Board of Trade's Office of Investigations and Audits.

Diane has been named an “Illinois Super Lawyer in Antitrust Litigation” every year since 2006, and she is AV-rated by Martindale-Hubbell.

Publications

• "Gift Cards, Credit Cards & Promotions - Making a Consumer's Life Easier and A Franchisor's Job More Difficult," IFA's 41st Annual Legal Symposium (May 11-13, 2008)
• "Ninth Circuit Adopts Standard for Bundled Discounts," Antitrust & Competition Review, Issue 1, p. 8 (2008)
• Antitrust Law Developments (Sixth), Chapter 15, Health Care (Editor)
• "Bell Atlantic Corp. v. Twombly: Has the Supreme Court Really Changed the Standard for Notice Pleading in Antitrust Lawsuits?” Antitrust Quarterly, Issue 12, Q3, 2007
• “Selected Antitrust and Other Issues Involving Franchisee Associations and Purchasing Cooperatives,” ABA Forum on Franchising, W8, October 2006
• “Gifts Worth Giving? State Law Complicate Gift Cards,” Franchise Times, p. 108, October 2006
• Antitrust Handbook for Franchise and Distribution Practitioners (Chapter on Robinson-Patman Act) (April 2005)
• “The Nuts and Bolts of Proving Damages,” ABA Forum on Franchising, W6, October 2005
• “Designated Supplier Programs,” IFA 38th Annual Legal Symposium, Tab 11 (May 9-10, 2005)
• "Gift Certificate and Gift Card Programs: The State Law Quagmire," Franchise Law Journal, Vol. 23, No. 4, p. 211, Spring 2004
• “FTC, Split Circuit Courts Raise Questions About Legality of Pharmaceutical Patent Suit Settlement," Antitrust Quarterly, Issue 5, Q4, 2004
• "Jaws: Traps For The Unwary in Discounts and Disparate Pricing," ABA Forum on Franchising, W8, October 2003
• "Collins v. International Dairy Queen, Inc.: The Rarely Discussed Anatomy of a 'Career' Case," Distribution, Vol. 5, No. 1, p. 12, Winter 2001
• "Antitrust Class Actions: The Remedy of Choice for Resolving Systemwide Disputes Among Franchisees and Dealers," in chapter entitled “Arbitration Clauses as a Bar to Class Action Litigation,” ABA Section of Antitrust Law, Vol. II, Spring 1999
• "Queen City Pizza: Bad Law for Franchisees," Franchise Law Journal, Vol 17, p. 109, Spring 1998
• "Empowering Franchisees: Franchisee Participation in System-wide Governance," ABA Forum on Franchising, Volume I, 1994
• Note: “Til Success Do Us Part: How Illinois Promotes Inequities in Property Distribution Pursuant to Divorce by Excluding Professional Goodwill,” 26 J. Marshall L. Rev. 147, Fall 1992
• "Advertising and Marketing Funds," ABA Forum on Franchising, Volume 1, 1997

Speeches / Presentations

• "Gift Cards, Credit Cards & Promotions - Making a Consumer's Life Easier and A Franchisor's Job More Difficult," IFA's 41st Annual Legal Symposium, May 11-13, 2008
• “Antitrust Update – Bell Atlantic v. Twombly,” Corporate Counsel Committee of the ABA Section of Antitrust Law, July 18, 2007
• “Selected Antitrust and Other Issues Involving Franchisee Associations and Purchasing Cooperatives,” ABA Forum on Franchising, October 2006
• “Designated Supplier Programs,” International Franchise Association's Annual Legal Symposium, May 2005
• “The Ethical and Practical Issues of Communicating with Members of a Class,” The 8th Annual National Institute on Class Actions, sponsored by the ABA Section of Litigation and the Center for Continuing Legal Education, October 2004
• "Jaws: Traps For the Unwary in Disparate Pricing," ABA Forum on Franchising, October 2003
• "Antitrust Class Actions: The Remedy of Choice for Resolving Systemwide Disputes Among Franchisees and Dealers," 4th Annual Spring Meeting, Washington, DC, 1999
• "Advertising and Marketing Trends," ABA Forum on Franchising, October, 1997

Experience

Legal Education

Graduate Education

Undergraduate Education

Professional Admissions / Qualifications

• Illinois

Court Admissions

• U.S. District Court - Northern District of Illinois Trial Bar
• U.S. Court of Appeals - Seventh Circuit
• U.S. District Court - Northern District of Illinois

Professional Affiliations

• American Bar Association, ABA Forum on Franchising, Section on Antitrust Law; former Vice-Chair of Franchise and Dealership Committee of the ABA Section on Antitrust Law; Associate Editor, Franchise Law Journal; former Articles Editor, Franchise Law Journal
• Member, Board of Directors of the Constitutional Rights Foundation of Chicago

Notable Quotes

"States Bite Into Broken Gift Cards: Understanding the Impact of State Escheat Laws," quoted in American Institute of CPA's Journal of Accountancy, December 1, 2008.