Hon. Daniel J. Kubasiak (Ret.)
Hon. Daniel J. Kubasiak (Ret.) brings more than 50 years of combined experience in judicial service, private legal practice and government finance and administration to his work as a mediator and arbitrator. He served nearly 14 years as a judge of the Circuit Court of Cook County, including more than nine years in the Law Division, where he was assigned to both the Tax and Miscellaneous Remedies sections and, for eight years, the Commercial Calendar.
During his time on the Commercial Calendar, Judge Kubasiak presided over a wide range of complex disputes, from initial case management through discovery, dispositive motions, settlement and trial. His docket included high-stakes business, fiduciary, employment and contract matters, many involving intricate financial issues and multiparty disputes. His judicial work is further distinguished by a strong appellate record, with more than 115 rulings reviewed by the Appellate Court and Illinois Supreme Court and affirmed in whole or in part approximately 94% of the time.
Prior to joining the bench, Judge Kubasiak spent more than 28 years in private practice representing and advising clients in corporate law, commercial litigation and large-scale commercial and institutional development. His experience includes matters involving corporate governance, business organization and restructuring, finance and capital requirements, employment issues, shareholder and partnership agreements, and regulatory compliance. He also brings 11 years of experience in governmental budgeting, finance and administration, providing him with a strong foundation for analyzing financial issues and damages.
Judge Kubasiak is known for his fairness, diligence and thoughtful approach to dispute resolution. A strong proponent of negotiated outcomes, he regularly encouraged settlement through pretrial conferences and alternative dispute resolution processes, helping parties achieve efficient and cost-effective resolutions.
Representative Matters
Banking
- Presided over a commercial banking and lending dispute involving a national financial institution and business entities, including claims relating to financial obligations and enforcement of lending agreements
- Presided over a conversion dispute involving claims of forged checks, conversion and fraud between an employer and an employee
- Presided over a conversion dispute between a financial corporation and a customer involving claims of conversion, restitution and breach of fiduciary duty
- Presided over a dispute between an investor and a financial institution regarding whether the financial institution met the definition of a bank under Article 4A of the UCC
- Presided over a dispute between competing estate trustees involving claims for breach of promissory note and promissory estoppel
Business Commercial
- Presided over and settled a multiparty business dispute involving private equity investors and corporate entities, with claims including breach of fiduciary duty, fraudulent misrepresentation and breach of contract
- Presided over a major public agency contract dispute involving a regional transportation authority, its commuter rail division and a national railroad company concerning operational obligations during the COVID-19 pandemic
- Presided over a dispute and settlement involving a major private university and a university coach, with claims including breach of contract, defamation, false light and interference with business expectancy
- Presided over a complex commercial dispute between an investment entity and a large data analytics and business services company involving claims of fraudulent inducement, fraudulent concealment, negligent misrepresentation, unjust enrichment, breach of fiduciary duty, breach of contract and punitive damages arising from a business transaction
- Presided over a multi-claim tort action involving allegations of defamation, emotional distress and tortious interference with contractual relationships
- Presided over and settled a partnership dispute involving a law firm and departing partners, including claims of breach of fiduciary duty, conspiracy, and aiding and abetting breach of fiduciary duty
- Presided over a commercial dispute between business entities and individual parties involving claims for breach of contract and rescission arising from a business transaction and related contractual obligations
- Presided over a technology dispute involving a software licensing agreement between business entities, including claims for breach of contract arising from the implementation and use of software services
- Presided over a commercial landlord-tenant dispute involving claims of illegal eviction, conversion, negligence, and intentional and negligent infliction of emotional distress arising from the operation of a commercial property
- Presided over a complex business dispute involving claims of fraud and breach of fiduciary duty, as well as counterclaims for defamation and false light arising from alleged business and reputational harm between the parties
- Presided over a commercial construction materials dispute between business entities involving competing breach of contract claims arising from the supply and performance of ready-mix concrete and related commercial obligations
- Presided over a construction and infrastructure dispute involving a contractor and a major public utility company, including breach of contract claims arising from project performance, completion obligations and related construction work
- Presided over a consumer fraud and breach of contract action arising from the installation of a residential solar energy system, including allegations of defective work, consumer fraud and misrepresentations regarding system performance and related services
- Presided over a dispute between two real estate companies involving claims for breach of promissory note and breach of guaranty, including issues related to the dissolution and liquidation of entities and properties, as well as the mortgaging of real property
- Presided over a partnership dispute between investors in a vocational education business involving access to records, payment of dividends and accounting issues
- Presided over a business sale dispute involving the enforceability of a noncompete agreement and the affirmative defense of anticipatory repudiation
- Presided over creditor post-judgment enforcement proceedings against defendants and third parties
Civil Rights
- Presided over a dispute involving claims of retaliation and alleged violations of the Illinois Human Rights Act, including national origin harassment and discrimination, sexual orientation harassment and discrimination, and racial harassment and discrimination
- Presided over a dispute involving claims of failure to hire based on age and sex; negative performance review based on age, sex and retaliation; and reduction of hours based on age, sex and retaliation between an employee and an employer
Employment Law
- Presided over a dispute between an employee and a global safety certification and testing company involving claims of retaliatory discharge and alleged violations of the Illinois Whistleblower Act
- Presided over a dispute involving a municipal employee and a major public entity, including claims of retaliation and alleged violations of the Illinois Whistleblower Act
- Presided over a dispute between a hotel management employee and an employer involving claims for breach of contract and intentional infliction of emotional distress
- Presided over a dispute involving claims of retaliation and alleged violations of the Illinois Human Rights Act, including national origin harassment and discrimination, sexual orientation harassment and discrimination, and racial harassment and discrimination
- Presided over a dispute between an employee and an employer involving claims of failure to hire based on age and sex; negative performance reviews based on age, sex and retaliation; and reduction of hours based on age, sex and retaliation
- Presided over a whistleblower dispute involving a large financial company and an employee regarding life insurance and pension employee benefit plans
- Presided over a dispute between an employee and an employer involving the dismissal of the employee pursuant to a known workplace policy, including issues regarding whether the employee’s conduct fell within the policy and whether the employer had consented to the employee’s actions
- Presided over a dispute between an employee and an employer involving claims for breach of an employment agreement and the employer’s authority to terminate the employee
- Presided over an employee action involving alleged violations of the Illinois Wage Payment and Collection Act, including claims for breach of contract, unjust enrichment and promissory estoppel
- Presided over a dispute between an employee and an employer involving claims of retaliation for protected workplace activity, sexual orientation discrimination and harassment under the Illinois Human Rights Act, as well as civil rights violations
- Presided over employee claims against a county involving allegations of gender discrimination, unequal pay and retaliation
Engineering & Construction
- Presided over a condominium construction and real estate development dispute involving claims for breach of the implied warranty of habitability and breach of the implied warranty of good workmanship against a developer and related entities
- Presided over a commercial construction materials dispute between business entities involving competing breach of contract claims arising from the supply and performance of ready-mix concrete and related commercial obligations
- Presided over a construction and infrastructure dispute involving a contractor and a major public utility company, including breach of contract claims arising from project performance, completion obligations and related construction work
- Presided over a dispute between a general contractor and homeowner involving competing breach of contract claims and significant affirmative defenses
Estate Probate Trusts
- Presided over a trust dispute involving investment, personal and trust accounts between a decedent’s children and a surviving spouse
- Presided over a trust and business dispute involving breach of fiduciary duty claims between three siblings
- Presided over a dispute between competing estate trustees involving claims for breach of promissory note and promissory estoppel
- Presided over creditor post-judgment enforcement proceedings involving a parallel estate matter, multiple intervening parties and a turnover claim seeking to force the sale of the debtor’s business
- Presided over a trust dispute involving trust administration, loan repayment issues and breach of fiduciary duty claims
Governmental & Public Agency
- Presided over a major public agency contract dispute involving a regional transportation authority, its commuter rail division and a major railroad company concerning operational obligations during COVID-19
- Presided over a dispute involving a municipal employee and a major public entity, including claims of retaliation and alleged violations of the Illinois Whistleblower Act
- Presided over a dispute between a merchants’ association and county government regarding the implementation of a tax on sweetened beverages, including constitutional challenges seeking injunctive relief and declaratory judgment
- Presided over a multi-count dispute between construction contractors and a major public utility involving contract payment terms, applicable discounts and counterclaims alleging overcharging and improper application of discounts
- Presided over a tax dispute between a nonprofit hospice center and the Illinois Department of Revenue involving the approval and denial of property tax exemptions
- As an advocate, represented the joint venture of a major sports facility entering into a redevelopment agreement with the City of Chicago
- As an advocate, represented a major teaching hospital entering into a redevelopment agreement with the City of Chicago
- Presided over a tax dispute between a merchant and a county government regarding the jurisdictional application of an assessed tax
Insurance
- Presided over and settled a dispute involving claims of breach of contract and violation of section 155 of the Illinois Insurance Code between a large home insurance company and a policyholder
- Presided over an insurance dispute involving claims of bad faith claims practices in violation of 215 ILCS 5/154.6 and 215 ILCS 5/154.5, breach of confidential and privileged information of an insured in violation of 215 ILCS 5/1014, violations of the Consumer Fraud and Deceptive Business Practices Act and breach of the implied covenant of good faith and fair dealing arising from a dispute regarding insurance coverage for a show horse
- Presided over a dispute between an insured, an insurance agency and an insurance broker involving multiple claims for breach of contract, repudiation of contract and fraud
- Presided over a dispute between a policyholder and insurance company involving insurance coverage for an accidental sewage backup at the policyholder’s residence, including application of policy provisions relating to fungi, other microbes or rot, as well as issues concerning agent liability and remediation expenses
Intellectual Property
- Presided over a contract dispute regarding a software licensing agreement involving claims of breach of contract and misappropriation of trade secrets between a software company and a revenue management business
- Presided over a technology dispute involving a software licensing agreement between business entities, including claims for breach of contract arising from the implementation and use of software services
- Presided over a post-judgment enforcement matter involving allegations of fraudulent transfer of intellectual property from a debtor to a third party
Personal Injury
- Presided over a multi-claim tort action involving allegations of defamation, emotional distress and tortious interference with contractual relationships
- Presided over a commercial landlord-tenant dispute involving claims of illegal eviction, conversion, negligence, and intentional and negligent infliction of emotional distress arising from the operation of a commercial property
- Presided over a complex business dispute involving claims of fraud and breach of fiduciary duty, as well as counterclaims for defamation and false light arising from alleged business and reputational harm between the parties
- Presided over a multi-claim tort action involving allegations of false light, fraud, tortious interference with contract and conspiracy arising from a business and publishing-related dispute
Professional Liability
- Presided over a legal malpractice action involving a major multinational appliance manufacturer, a national law firm and an individual attorney, including claims of professional negligence arising from legal representation and related services
- Presided over a dispute between homebuyers and a seller, a listing broker, a brokerage firm and a service provider involving allegations of fraud and professional negligence
- Presided over a legal malpractice action between an attorney and a physician involving allegations of failure to conduct discovery and failure to meet professional standards of care
- Presided over a legal malpractice action involving a mailing and shipping business and a law firm, including allegations of legal negligence and breach of fiduciary duty arising from efforts to reorganize and wind up the business
- Presided over a fraud and negligence action involving an insurance broker and retirement benefit issues related to insurance policy benefits
- Presided over a legal negligence action involving allegations of negligence, breach of contract and civil conspiracy
- Presided over a legal negligence action involving the preparation of corporate formation documents and materials necessary to comply with cannabis licensure requirements
- Presided over and settled a legal negligence claim involving the terms of a settlement agreement, buyout of a limited liability company interest and legal advice provided, including a subsequent claim against a second law firm for alleged failure to advise regarding potential causes of action against an additional firm
- Presided over an attorney fee dispute involving a condominium association and counterclaims alleging breach of fiduciary duty, negligence, scheme to defraud and civil conspiracy, including issues concerning board actions under the Illinois Condominium Property Act
Real Property
- Presided over a condominium construction and development dispute involving claims for breach of the implied warranty of habitability and breach of the implied warranty of good workmanship against a developer and related entities
- Presided over a commercial landlord-tenant dispute involving claims of illegal eviction, conversion, negligence, and intentional and negligent infliction of emotional distress arising from the operation of a commercial property
- Presided over a homeowners’ association dispute involving breach of fiduciary duty and negligence between a homeowner and the association
- Presided over a real estate dispute involving claims of violation of the Illinois Disclosure Act, common law fraud, negligent misrepresentation, fraudulent misrepresentation, violation of the Illinois Real Estate Licensing Act and violation of the Consumer Fraud and Deceptive Business Practices Act
- Presided over creditor post-judgment proceedings to enforce a promissory note and guaranty involving two real estate companies, including issues related to the dissolution and liquidation of entities and properties and the mortgaging of real property
- Presided over a dispute between homebuyers and a seller, a listing broker, a brokerage firm and a service provider involving claims of fraud and professional negligence
- Presided over creditor post-judgment proceedings to enforce a promissory note and guaranty arising from the sale of a horse farm
- Presided over a partnership dispute involving the contemplated sale of a building, allocation of profits and alleged fraudulent transfer and sale of the property, including asserted defenses of waiver and estoppel
- Presided over a dispute concerning the enforceability of a real estate contract and incorporated supply management agreement involving claims for breach of contract, specific performance and rescission
- Presided over a residential landlord-tenant dispute arising after a foreclosure action and transfer of possession of the property to the landlord, involving allegations of negligence, trespass and intentional infliction of emotional distress, along with counterclaims for rent and occupancy
- Presided over a landlord-tenant dispute regarding a tenant’s claimed entitlement to compensation arising from a condemnation proceeding involving the property
Honors, Memberships and Professional Activities
- Member, Illinois State Bar Association
- Member, Chicago Bar Association
- Member, Illinois Judges Association
- Member, Polish American Judges Association
- Member, The Advocates Society
- Alexander P. White Award, Illinois Creditors Bar Association, 2017
- Director, Poshard Foundation for Abused Children, 1999–2026
- Member, Lawyer’s Assistance Program – Board of Directors, 2011–2026
- Member, Board of Advisors, Catholic Charities of the Archdiocese of Chicago 1999–2012
- Director, Loyola Academy Hockey Club, 2004–2011
- Honorably Discharged, Captain, U.S. Army Reserve, 1971–1980
Background and Education
- Judge, Circuit Court of Cook County, 2012–2026
- Law Division, Commercial Section, 2018–2026
- Law Division, Tax and Miscellaneous Remedies Section, 2017–2018
- Municipal Division, Traffic Section, 2012–2017
- Founding Partner; Kubasiak, Fylstra, Thorpe & Rotunno, P.C.; 1993–2012
- Of Counsel, Joyce & Kubasiak, 1987–1993
- Chief Administrative Officer, City Council Committee on Finance, City of Chicago, 1983–1987
- Associate, Winston & Strawn, LLP, 1981–1983
- First Deputy Comptroller, Department of Finance, City of Chicago, 1980–1981
- First Assistant Budget Director, Office of Budget and Management, City of Chicago, 1974–1980
- J.D., Loyola University Chicago, 1981
- M.M., J.L. Kellogg Graduate School of Management, Northwestern University, 1974
- B.A., Political Science and Government, Xavier University, 1971
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