Trade Secrets and Unfair Competition

Packey regularly counsels clients on unfair competition issues involving trade secrets, restrictive covenants and similar "mass raid" scenarios. Understanding the urgency and sensitivity of these matters, he has successfully obtained and defeated requests for emergent relief, including through court-ordered temporary restraining orders and preliminary injunctions. Packey also has experience prosecuting patent infringement, including serving on a trial team that secured an enhanced damages verdict on behalf of its client following a nine-day jury trial.

• Member of a trial team for a Chinese heavy equipment manufacturer in a 2019 federal jury trial seeking to recover more than US$100 million for alleged trade secret misappropriation from a leading domestic crane manufacturer. The case was resolved during the trial.
• Prosecuted litigation involving allegations of trade secret theft and the creation of a "carbon copy" competitor using those trade secrets.
• Member of a trial team that secured enhanced damages for a food processing equipment manufacturer after winning a willful patent infringement jury verdict following a nine-day trial.
• Obtained a temporary restraining order for a Fortune 500 company in a matter involving a former employee's violation of a non-compete clause and the Illinois Trade Secrets Act.

Class Actions

Packey has played a key role in defending major corporations in class actions, representing some of the nation's largest companies in federal class actions asserting claims arising under consumer protection statutes, including the Telephone Consumer Protection Act (TCPA), the Illinois Consumer Fraud Act (ICFA), the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). He has extensive experience at all stages of class action litigation, including dispositive motions, complex discovery, and class certification arguments at both the trial and appellate levels. His experience in navigating complex class actions consistently results in favorable outcomes for his clients.

Other Commercial Litigation Experience

Packey advises clients throughout the country in high-stakes litigation involving commercial contracts and fiduciary and corporate governance issues. He also acts as lead litigation and trial counsel before bankruptcy courts.

• Packey's dedication to delivering exceptional results for his clients has earned him recognition as "One to Watch" in Commercial Litigation by Best Lawyers® and a "Rising Star" in Business Litigation by Illinois' Super Lawyers® each year since 2021, when he was first eligible.
• Co-chair of a one-week bench trial defending against a claim of aiding and abetting in a breach of fiduciary duty seeking damages for the alleged diversion of millions of dollars in insurance commissions and related damages; obtained defense judgment and appellate decision that defeated all claims against the client.
• Lead attorney on behalf of Special Committee in a prosecution of an adversary proceeding involving a complex commercial dispute before the United States Bankruptcy Court for the District of Delaware.
• Member of a team that obtained a rarely-issued supervisory order from the Illinois Supreme Court, overturning a trial court's order of sanctions and ending the sanctions proceedings.
• Member of a team that defended former directors and officers of an international medical device company in chapter 11 bankruptcy proceedings and related adversary proceedings involving breach of fiduciary duty claims asserted by the creditor's committee and litigation trustee.

Strategic Counseling

Packey regularly counsels executives, in-house teams and management on navigating complex strategic issues, including litigation avoidance, compliance and delivering commercial solutions that align with business objectives.