Stephen J. Rosenfeld
J.D., University of Illinois – 1993 (cum laude)
B.A., University of Michigan – 1990
Mr. Rosenfeld is the Managing Partner of Mandell Menkes. He has extensive experience in a broad range of complex commercial litigation, concentrating in matters involving complex information technology and intellectual property disputes. Mr. Rosenfeld has represented a wide variety of corporate clients, including high-technology corporations, bio-medical corporations, financial institutions, telecommunications companies, and insurance companies. In addition, he has represented corporate directors in securities litigation, employees and employers in employment litigation, and attorneys in legal malpractice cases.
Mr. Rosenfeld has tried numerous cases in state and federal courts and before arbitration panels located throughout the nation. These matters have involved diverse issues, including: enterprise software implementation and consulting disputes, commercial contract disputes, patent litigation, trademark infringement claims, defamation claims, misappropriation of trade secret claims, claims of violations of restrictive covenants, claims involving alleged violations of the federal securities laws, and insurance coverage disputes. In addition, Mr. Rosenfeld has been invited to speak at numerous conferences on information technology and e-discovery issues and has published several articles on those topics.
Selected highlights of Mr. Rosenfeld’s recent litigation experience include:
- In 2014, won a jury verdict in favor of a television station and reporter in a case involving allegations of defamation and false light.
- In 2013, won an injunction in federal court in favor of a prominent university professor in a case involving allegations of securities fraud and tortious interference with prospective business relations.
- In 2012, won dismissal of a class action based on claims arising under the Electronic Fund Transfer Act and the Illinois Consumer Fraud and Deceptive Trade Practices Act.
- In 2011, won a jury verdict in favor of a telecommunications company in a case involving allegations of fraud and breach of contract.
- In 2010 and 2011, arbitrated several complex software implementation and licensing cases involving Fortune-500 companies.
- In 2010, successfully obtained a dismissal with prejudice of a complaint alleging a failed software implementation against a Fortune-500 software company (2010 U.S. Dist. Lexis 136254).
- In 2010, won a verdict in federal court in favor of a Fortune-500 company in a case involving allegations of breach of fiduciary, conversion and successor liability.
- In 2009, won a permanent injunction in federal court in a trademark infringement case involving trademark infringement and dilution.
- In 2009, won a Sixth Circuit appeal upholding a district court’s grant of summary judgment in his client’s favor in a multi-million dollar software licensing and product liability dispute where Mr. Rosenfeld represented a Fortune-100 software company (see 2009 WL 32711);
- In 2009, won a preliminary injunction preventing a corporate squeeze-out merger involving the Chief Executive Officer of a hotel management corporation;
- In 2008, won a jury verdict in federal court favor of a Fortune-500 company in a case involving allegations of insider trading and breach of a separation agreement;
- In 2007, obtained summary judgment on breach of contract and partnership-by-estoppel claims against a Fortune-500 software manufacturer in federal court in Michigan (See 2007 WL 2351007);
- In 2006, won a jury verdict in favor of a Fortune-500 lending institution in a case involving allegations of anticipatory breach by a company that had borrowed money to purchase a chain of medical clinics. The jury not only found against the plaintiffs on its claim, but also found for the lending institution on its counterclaim and awarded the lending institution its attorney’s fees;
- In 2006, tried a high-profile defamation case brought by the Chief Justice of the Illinois Supreme Court;
- In 2004, Mr. Rosenfeld successfully tried three complex software cases for one of the nation’s leading enterprise resource software companies. In one of the cases, which involved both software issues and international copyright infringement issues, Mr. Rosenfeld convinced the plaintiff to abandon its case just before argument on a directed verdict motion.
- Obtained a dismissal with prejudice of all fraud, quasi-contract and warranty claims brought by a manufacturing company against a major software manufacturer in federal court in Michigan (See 2005 WL 1475390);
- Obtained a dismissal with prejudice of all fraud and quasi-fraud claims brought by a multi-national manufacturing company against a major software manufacturer in federal court in Indiana (See 2004 WL 828226 and 2004 WL 2538641);
- Obtained summary judgment upholding the limitation of liability clause in a software contract in the face of allegations of fraud and unconscionability;
- Obtained a dismissal with prejudice of all claims filed against a software company in federal court in Illinois based on the applicable statute of limitations (See 2004 WL 1375383);
- Obtained a preliminary injunction in federal court in Illinois on behalf of a Fortune 500 food company against a website publisher in a high-profile trademark suit involving the protection accorded commercial versus free speech (See 205 F. Supp. 2d 942); and
- Obtained a summary judgment in state court in Louisiana in a defamation case involving allegedly defamatory allegations in a pleading.
Prior to practicing law, Mr. Rosenfeld founded a computer consulting firm that concentrated in the development and implementation of custom software designed to manage mid-sized distribution and service companies.
Mr. Rosenfeld is AV Preeminent rated by the Martindale-Hubbell Law Directory and was named one of the Top Lawyers in Illinois by the Legal Network and one of the Top Lawyers in Chicago by the National Law Journal. He is a member of the Litigation Section, the Section on Intellectual Property Law, the Science and Technology Law Section, and the Tort Trial and Insurance Practice Section of the American Bar Association. In addition, Mr. Rosenfeld is currently a Managing Director of Esicon Consulting, an electronic discovery consulting firm that assists clients with e-discovery issues both before and during litigation.
Mr. Rosenfeld is admitted to practice in Illinois, Wisconsin, and before the United States Courts of Appeals for the Sixth and Seventh Circuits, the United States District Courts for the Northern and Central Districts of Illinois (Member of the Trial Bar of the Northern District), the District of Colorado, the Eastern District of Wisconsin, the Eastern District of Michigan, and the Western District of Michigan.