Richard P. Darke

is a commercial litigator who focuses his practice on financial services and healthcare litigation. He has broad experience on myriad legal issues including structured finance, commercial mortgage backed securities (CMBS), tortious interference, RICO claims, privacy law, director and officer liability, breach of contract, fraud, fraudulent and preferential transfers, and class action defense. Mr. Darke counsels clients on a variety of issues including the Illinois Biometric Information Privacy Act (BIPA), Telephone Consumer Protection Act, Illinois Trade Secrets Act, enforceability of non-compete and non-solicitation agreements and injunctive relief, as well as lender liability and fiduciary duty claims. He frequently handles internal investigations on important and sensitive client issues. Mr. Darke has successfully tried numerous jury and bench trials in state and federal courts throughout the country.

Resume

Honors and Awards

•Named an Illinois Leading Lawyer, 2013-2018

•2009 recipient of the Group Award For Excellence in Pro Bono Service from the Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association

•AV Preeminent Peer Review Rated by Martindale-Hubbell

Publications and Speaking Engagements

Selected Speaking Engagements

•CBA Young Lawyers Section Tort Litigation: Trial Preparation and Presentation (Ill. Sup. Ct. R. 213 disclosures; motions in limine; jury selection; and cross examination of experts) (Nov. 2017)

• Fundamentals of Lost Profits, Lost Value and Other Commercial Damages Analyses (June 2018)

Selected Publications

•Co-author, Illinois Governor Extends COVID-19 Stay-at-Home Order with Some Modifications, Duane Morris Alert, April 28, 2020
•Co-author, Federal Response to COVID-19 Relaxes Telehealth Restrictions, Duane Morris Alert, April 21, 2020

• The Uncertain Future Of Illinois' Biometric Privacy Law, Law360, November 26, 2018

•Richard P. Darke, Illinois Causes of Action, in Probate Actions 13 (ll. Inst. for Cont. Legal Educ. 2017)

•Richard P. Darke, Actions to Recover Property, in Contract and Business Disputes 13 (ll. Inst. for Cont. Legal Educ. 2017)

•Richard P. Darke, Fees, in Probate Actions 49 (ll. Inst. for Cont. Legal Educ. 2017)

• All About Noncompetes: Agreements Aren't Enforceable in Every State, Modern Physician, April 2006
• Illinois Latest State to Respond to Kelo Decision, Duane Morris Alert, September 5, 2006
• A Year of Some Judicial Surprises, National Law Journal, May 3, 2004