JOSEPH G. BISCEGLIA, Partner Publications · Professional Activities Chicago Office Office: (312) 923-2784 Fax: (312) 840-7784 Email: jbisceglia@jenner.com  Add to Outlook Contacts

Joseph G. Bisceglia is a partner in the Firm's Litigation Department.  He is Chair of the Real Estate and Construction Litigation Practice and a member of the Complex Commercial Litigation and Trust & Estate Litigation Practices.

Mr. Bisceglia has extensive experience in a wide variety of complex civil and criminal litigation in both federal and state trial and appellate courts, including business and corporate litigation of virtually every type, in the areas of antitrust, securities, shareholder, corporate control, business torts, RICO, professional liability, employment, labor, ERISA, real estate, civil rights, local government, contract, construction, insurance, bankruptcy, injunctions, equitable remedies, class actions, trusts and probate, and matrimonial.  Mr. Bisceglia has taught, lectured and published extensively in the area of civil litigation, and regarding federal and state civil practice and procedure and trial practice.  He served as President of the Illinois State Bar Association (ISBA) from 2007-2008, and has also served in numerous other capacities in the ISBA, including on the ISBA Board of Governors, as chair of the ISBA’s Section on Civil Practice and Procedure (1991-92), co-chair and Chair of the ISBA Committee on Supreme Court Rules (1992-93; 2004-05), chair of the ISBA Special Committee on Federal Practice (2001-present), editor and frequent contributor to the ISBA publication Trial Briefs (1991-2004), and a member of the ISBA Committee on Judicial Evaluations (which investigates and evaluates Illinois judges for election and retention).  He teaches Trial Advocacy as an Adjunct Professor at the John Marshall Law School in Chicago (since 1985).  He brings his extensive litigation experience to bear as Chair of Jenner & Block’s Real Estate and Construction Litigation Practice, and has extensive experience in all facets of real estate and construction dispute resolution and litigation.  He was named one of the top 10 (ten) Super Lawyers in the State of Illinois (in 2005), and one of the top 100 Super Lawyers in the State of Illinois (in 2009), by the publishers of Chicago magazine and Law and Politics, and also named in Best Lawyers in America (2007-present).  Mr. Bisceglia is AV Peer Review Rated, Martindale-Hubbell’s highest peer recognition for ethical standards and legal ability.

In the area of antitrust and fair trade, Mr. Bisceglia’s experience includes acting as principal attorney in matters throughout the country, including, for example: the representation of a terminated distributor in a broad-ranging action against a manufacturer and several competitors alleging violation of federal and state antitrust laws and related business torts, in which the court upheld Robinson-Patman Act claims against the manufacturer (Nichols Motorcycle Supply, Inc. v. Dunlop, et al., 913 F. Supp. 1088 (N.D. Ill. 1995)); the successful defense of a manufacturer in an action by a terminated distributor alleging state antitrust claims and related business torts, which, after a jury trial, resulted in a verdict exonerating the manufacturer and sustaining the manufacturer’s counterclaim against the terminated distributor (Dealer Aftermarket, Inc. v. Chapman Industries Corp., in the United States District Court for the District of Rhode Island); the successful defense of a manufacturer against antitrust claims based on a manufacturer’s alleged refusal to sell product to a dealer, in which the New York federal district court’s dismissal of the claims was affirmed in the Second Circuit Court of Appeals; the successful defense of a manufacturer against federal antitrust claims resulting from a manufacturers’ enforcement of confidentiality and non-compete agreements against a former employee and its new employer (in the Central District of California); and the defense of antitrust claims by the State of Illinois against a construction company based on alleged bid rigging with respect to road construction projects.

In the area of construction law, Mr. Bisceglia has represented and counseled a wide variety of clients including owners, developers, general contractors, sub-contractors, design professionals (architects and engineers), financial institutions, and suppliers in construction related matters, including litigation avoidance counseling, claim negotiation, insurance counselling, and litigation, trial and arbitration of complex construction disputes.  His experience includes, for example, representation of:  a contractor with respect to cost overruns and delay claims in connection with construction of several nuclear power plants; a steel manufacturer in a dispute with a general contractor over the construction of a $350 million steel mill; the University of Illinois in a multi-million dollar claim against an engineer and general contractor over alleged design and construction defects causing mold growth in college dormitory buildings; an owner / developer in a dispute with a general contractor and architects over construction of two hotels in Chicago; a bank construction lender in a dispute with a bankrupt developer and numerous contractors and subcontractors involving a failed hotel development in suburban Chicago; a general contractor in several disputes with governmental entities regarding construction of water-pumping stations; the City of Chicago in litigation over alleged construction and design errors in a $200 million-plus construction project at O'Hare International Airport; engineering firms in a variety of matters relating to the defense of claims for design errors, and in litigation with insurance carriers on coverage issues; a steel subcontractor in a dispute with a general contractor over delays and extras in the construction of a 30-story office building in downtown Chicago; a supplier of HVAC components in a dispute with the owner, general contractor, and architect/engineer relating to alleged defective construction of a major government office building in downtown Chicago.  Mr. Bisceglia has written and lectured on construction law and litigation issues.  He is co-author of seminar materials entitled Construction Claims Under Illinois Law, published by The Cambridge Institute (1991) and Illinois Construction Claims, published by Lorman Education Services (2001).

In the area of corporate control and shareholder disputes, Mr. Bisceglia has counseled numerous clients, including both corporations and shareholders, and has litigated a number of cases involving breach of fiduciary duty, and other direct and derivative claims.  He has extensive experience regarding litigation issues with respect to the valuation of corporate stock.  For example, he has represented clients in the trial and appeal of stock valuation actions resulting from corporate squeeze outs under the Illinois Dissenter’s Right’s statute, and a corporation and its controlling shareholder in litigation over the control of a printing company in which he successfully compelled the sale by the minority shareholders of their 49% stock interest to the controlling shareholder.

In the area of bankruptcy, Mr. Bisceglia has litigated cases on behalf of both creditors and debtors relating to a variety of complex matters.  Among other matters, he has represented:  a $30 million creditor of a Chapter 11 railroad debtor in a variety of actions seeking to protect the creditor’s interest and obtain a release of rail car collateral which secured the creditor’s debt (In re Funding Systems Rail Cars Bankruptcy Litigation); one of the world’s largest container companies in an action to protect its rights in Chapter 11 proceedings of a Coca-Cola bottling plant; the owner of a steel mill in Chapter 11 proceedings in broad-based litigation with a general contractor relating to the construction of a $360 million steel mill, including the successful defense of the general contractor’s request for an injunction prohibiting the steel mill’s draw on a $30 million letter of credit posted as retention, and obtaining summary judgment declaring the invalidity of $12 million in mechanic’s lien claims filed by the general contractor (In re Acme Steel, in the United States Bankruptcy Court for the District of Delaware); and a major Chicago-based bank in litigation to protect its interests with respect to the sale of assets of a company challenged by one of the shareholders in bankruptcy proceedings.

Mr. Bisceglia has also counseled clients, and litigated matters, on a wide variety of insurance related issues.  His experience includes:  counseling a major Illinois professional liability insurer as special counsel in connection with the evaluation of a claim for attorney malpractice and related insurance coverage issues; the litigation of insurance coverage issues arising out of a claim that the client provided defective components to a heating and air conditioning system on a major governmental building in the City of Chicago; counseling a major food producer with respect to insurance coverage claims arising out of alleged food contamination, including conflict of interest issues and breach of the insured’s duty to settle within policy limits; counseling an accounting firm with respect to insurance coverage issues relating to professional negligence and breach of fiduciary duty claims.

Mr. Bisceglia has extensive experience in the litigation of trust, estate and probate matters.  He has litigated and tried will contest proceedings, and has represented executors, trustees, and beneficiaries in a variety of contested and litigated matters in a number of substantial trust and estate proceedings.

In the area of employment and labor law, Mr. Bisceglia has counseled clients and litigated a wide variety of claims, including employment discrimination, wrongful termination, and “whistleblowing” claims before state and federal agencies and courts.  He also has experience in the litigation of ERISA matters, including the defense of a major defense contractor in a class action suit arising out of its amendment of certain ERISA benefit plans (DeGrooth v. General Dynamics Corporation, 837 F. Supp. 485 (DConn 1993), affd, U.S. Court of Appeals, 2nd Circuit, 1994 (Slip Opinion)), and the defense of a construction company in an action alleging violations of ERISA in the administration of a benefits plan.  Mr. Bisceglia has extensive experience, and has counseled numerous clients, and litigated cases, involving the enforcement of employee non-compete agreements and related claims, including claims for breach of fiduciary duty and interference with contract and prospective advantage.  He also has extensive experience in the arbitration of labor/management disputes under collective bargaining agreements.

His experience in class action litigation includes the defense of a major title insurance company against claims of consumer fraud; the defense of corporate directors against securities fraud claims; and the defense of a major food producer against claims of food contamination.

In the area of equitable remedies and chancery litigation, Mr. Bisceglia has extensive experience, including with respect to injunctions, constructive trusts, declaratory judgments and other equitable claims.  One of the matters he handled at trial and on appeal is one of the leading cases on constructive trusts under Illinois law (Zack Co. v. Sims).

In the area of municipal law, Mr. Bisceglia has counseled and represented various Illinois municipalities in a variety of matters, including with respect to the defense of civil rights claims, land use regulation matters, and appropriation disputes.  Mr. Bisceglia has represented the City of Chicago, and also served for a number of years as principal outside counsel for one of the largest suburban municipalities in the Chicago metropolitan area on a wide variety of litigated matters.

In the area of civil rights, Mr. Bisceglia has litigated a number of matters on behalf of major municipalities, including: the City of Chicago in the litigation and trial of federal court actions alleging adverse employment decisions based on political considerations; one of the largest municipalities in the Chicago metropolitan area in § 1983 civil rights cases alleging excessive force by police.

Mr. Bisceglia has represented clients in a variety of criminal matters, including the successful defense at trial of a defendant in a state court murder prosecution, and the representation of numerous clients in connection with federal and state grand jury proceedings, relating primarily to white-collar criminal investigations.

Mr. Bisceglia is extensively involved in bar association activities.  In addition to his significant involvement in the Illinois State Bar Association, for which he served as President from 2007-2008, Mr. Bisceglia is also a member of the Board of Directors of the Chicago Chapter of the Federal Bar Association, a member of the American Bar Association’s House of Delegates (since 2004) and its Forum on the Construction Industry, a past president (1992-93) of the Justinian Society of Lawyers, and a long time member of the Chicago Bar Association.  In 2009, Mr. Bisceglia was appointed by Chief Judge James Holderman to serve as a member of the Magistrate Judge Merit Review Panel of the U.S. District Court for the Northern District of Illinois.

He has received numerous honors and awards for his bar association work and activities.  Among other honors and awards, Mr. Bisceglia was a recipient of the Illinois State Bar Association’s Board of Governors Award for exceptional contributions to the profession.  In addition, he has been named an Illinois Super Lawyer in Construction Litigation for 2005, 2006, 2007, 2008, 2009 and 2010.

He is active in charitable endeavors, including on behalf of St. Jude Children’s Research Hospital.  He has been a committee member for the St. Jude’s Annual Chicago Fundraiser since 1995, and since 2006 has served as Co-Chairman of the fundraiser.

Mr. Bisceglia received his J.D. from DePaul College of Law in 1973, where he graduated summa cum laude and first in his class scholastically.  At DePaul, he was an editor of the Law Review, six-time recipient of the American Jurisprudence Award (for receiving the highest grade in individual courses), recipient of the United States Law Week Award for scholastic achievement, a member of Pi Gamma Mu National Honor Society, and elected Voting Student Member on the University Board of Promotion and Rank.

After graduation from law school, before joining Jenner & Block, he served as a judicial law clerk to Justice Henry Burman in the Illinois Appellate Court, First District (1973-1975).

He received his B.A. (with honors) in the Administration of Criminal Justice from the University of Illinois in Chicago in 1970.  At the University of Illinois, he was on the Dean’s List each scholastic year and a member of the Edmund J. James Scholar Program, Phi Eta Sigma National Honor Fraternity, and Phi Kappa Phi National Honor Society.

Mr. Bisceglia is a member of the bar of Illinois, the United States Supreme Court, the trial bar of the United States District Court for the Northern District of Illinois, the Second, Seventh, and Ninth Circuit Courts of Appeal, and a number of other federal district courts.