30th Floor
Chicago, Illinois 60603
United States
Malcolm H. "Chip" Brooks is a partner in Holland & Knight's Litigation Practice in Chicago. He has represented businesses in state and federal courts nationally. There are four primary focuses to Mr. Brooks practice.
Corporate Control and Shareholder Disputes
Mr. Brooks tried one of the first dissenters’ rights cases in Illinois under its new statutory framework in 1986. From that point on, he has worked on shareholder disputes for companies nationwide. A number of these cases have involved parties seeking temporary or preliminary injunctive relief. One case involved representing a client that had received a $26 million unsecured note as part of the consideration for the sale of an Alabama subsidiary for $56 million. When the litigation was done, the client both received back the subsidiary, and kept the $30 million cash it received in the original sale. In another case, Mr. Brooks initiated litigation that led to a management takeover of one of the largest private automobile fleet leasing companies in the country.
Travel Industry
Mr. Brooks has worked with travel industry clients since the early 1980s. These clients have included domestic and international tour operators, hotel groups, airlines, large travel agencies, travel technology providers, industry groups, and tourism organizations. Travel industry clients use Mr. Brooks’ detailed knowledge of travel industry systems and conventions to assist them with technology, regulation, marketing issues, pricing questions, contract issues, employment problems and insurance. Mr. Brooks has participated in leading consumer class action and antitrust cases involving distribution of travel services.
Intellectual Property
Protecting clients’ intellectual property is a particular focus of Mr. Brooks’ practice. He represents both plaintiffs and defendants in trademark, trade dress, copyright and trade secret claims in courts in many jurisdictions. Many trade secret cases have involved departing employees. His intellectual property work has also involved cases in Illinois and Florida under state privacy statutes as they relate to the commercial use of images. In a software copyright case tried in North Carolina by Mr. Brooks, the court entered judgment for the firm's client at the close of the plaintiff's case.
Government
Mr. Brooks represents various governmental agencies on complex and constitutional issues. In one case, Mr. Brooks co-led a team that successfully defended the State of Illinois against contract and constitutional claims brought by investors who had invested over a billion dollars in reliance on a state incentive program that was subsequently repealed. The investors sought over $2 billion from the state. In 2004, after seven years of litigation, the Illinois Appellate Court ruled finally and decisively in favor of the state.
Areas of Practice | 1) Antitrust, 2) Trade Regulation and Competition, 3) Litigation and Dispute Resolution, 4) Labor, 5) Employment and Benefits, 6) Non-Competes, 7) Trade Secrets and Defecting Employees, 8) Aviation, 9) Shareholder Rights and 10) Relations and Dispute Resolution |
Law School | The University of Michigan Law School ( J.D.) |
Education | Northern Michigan University (B.S.) |
Bar Member / Association | Illinois State Bar Association |
Most recent firm | Holland & Knight LLP |
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