Morgan R.Hirst

Partner

Chicago + 1.312.269.1535

Morgan Hirst is a trial lawyer who represents clients in commercial litigation matters across a variety of industries, ranging from health care, real estate, transportation, and financial institutions. Morgan has frequently represented clients in federal and state False Claims Act cases involving health care and tax issues. He has also served as litigation and trial counsel in a number of high-profile bankruptcy matters, including Caesars Entertainment Operating Company, iHeart Media, Bon-Ton Department Stores, Peabody Energy, and Pacific Gas and Electric. Morgan regularly represents clients in post-acquisition disputes as well, including rep and warranty claims, net working capital, and earn-out disputes.

Morgan's jury trial experience includes months of stand up work as first and second chair in state and federal courts around the Midwest. In addition to his trial work, Morgan has argued appeals before the Sixth and Seventh Circuits and the Missouri Supreme Court.

Morgan is active in legal and civic organizations around Chicago. He is president-elect of the Chicago Chapter of the Federal Bar Association, a member of the Advisory Committee for the Northern District of Illinois' Model Initial Discovery Pilot Project, and an executive member of the Chairmen's Advisory Council for the Big Shoulders Fund, serving Chicago's inner city Catholic schools. He created and oversees the Chicago Office's attorney mentoring program for student-interns from Cristo Rey Jesuit High School's Corporate Work Study Program and also oversees the Chicago Office's pro bono work on behalf of the Lawyers Committee for Better Housing.

Experience

  • Hilco obtains affirmance of summary judgment in lawsuit brought by Patriot Group for $30 million in damagesJones Day represented Hilco Trading, LLC and Hilco Inc. on claims brought by Connecticut hedge fund The Patriot Group seeking more than $30 million in damages relating to losses Patriot suffered on an investment of a Hilco Trading subsidiary in the distressed lending market.
  • Caesars second lien noteholders confirm support for economic terms of consensual chapter 11 planJones Day represents the Official Committee of Second Priority Noteholders ("Second Priority Noteholders") of Caesars Entertainment Operating Company ("CEOC"), the casino operator who filed for bankruptcy in January 2015.
  • Takeda achieves full affirmance of district court judgment dismissing broad False Claims Act suitTakeda Pharmaceutical Company Limited and Takeda Pharmaceuticals USA, Inc., represented by Jones Day, secured a significant False Claims Act ("FCA") victory involving claims for government reimbursement of pharmaceutical drugs.
  • City of Chicago wins federal jury verdict in §1983 caseOn October 18, 2013, after just 45 minutes of deliberations, a federal jury returned a unanimous verdict in favor of Jones Day client, the City of Chicago, in the trial of Portis v. City of Chicago (02-3139, N.D. Ill.).
  • DDR wins jury verdict in five week trial over development contractOn August 18, 2012, after a five week trial, a Michigan state court jury handed down a full defense verdict for Jones Day's client, DDR Corp., a major shopping center owner and developer, in a breach of contract suit seeking over $200 million in damages.
  • Chicago based client succeeds in federal income tax lawsuitJones Day represented a Chicago based client in a successful federal income tax lawsuit action in United States District Court for the Northern District of Illinois.
  • Potash Corporation successfully defends historic $43.1 billion hostile takeover bidFollowing an arduous three-month battle, Jones Day's client, Potash Corporation of Saskatchewan, Inc., successfully repelled BHP Billiton's hostile $43.1 billion tender offer for all of PotashCorp's shares in November 2010.
  • Navistar settles breach of contract claims with Ford Motor CompanyJones Day represented Navistar International Corporation in a breach of contract case filed by Ford Motor Company, where Ford sought over $1 billion in damages.
  • DDR successfully prevents being terminated as the manager of Coventry Real Estate Fund II propertiesJones Day presented testimony, conducted cross-examination, and argued successfully a TRO motion on behalf of client Developers Diversified Realty Corporation, which stopped a purported "for cause" termination of DDR as manager of over 50 properties.
  • Successful litigation improves health and therapy treatment of civilly-detained individual, and secures greater protection of his constitutional rightsPlaintiff, Dennis Elliott, initiated several actions based on the treatment he had been subject to as a person civilly-committed in a treatment and detention facility under the Illinois Sexually Violent Persons Commitment Act.
  • TAP Pharmaceutical obtains dismissal of complaint under federal False Claims ActOn behalf of TAP Pharmaceutical Products Inc., Jones Day obtained dismissal of a complaint under the federal False Claims Act.
  • TAP Pharmaceutical obtains reversal of Missouri State Board of Pharmacy orderOn behalf of TAP Pharmaceutical Products Inc. Jones Day obtained the reversal of a discipline order against TAP by the State Board of Pharmacy.
  • TAP Pharmaceuticals obtains dismissal of Illinois breach of contract and fraud actionJones Day obtained dismissal on behalf of TAP Pharmaceutical Products Inc. of a complaint alleging fraud and breach of contract.
  • Speaking Engagements

    • August 22, 2019
      Federal Bar Association Chicago- Honorary James B Moran Membership Event
    • June 13, 2018
      Updates and Evaluations of the Mandatory Initial Discovery Pilot Program
    • November 3, 2015
      FBA Chicago Chapter, Amendments to the Federal Rules of Civil Procedure, Perspectives from the Bench
    • November 19, 2014
      Preservation: The Ethical Challenges Counsel Continue To Face, WeslLaw/Celesq Legal Ed)
    • April 9-10, 2013
      Jones Day 2013 Chicago Health Care Conference
    • November 15, 2012
      Latest Trends With The Corporate Whistleblower: What In-House Counsel and Corporate Compliance Officers Should Be Prepared For, North Shore Wine Tasting and CLE
    • May 2, 2011
      Expert Witness Expertise: Amended Rule 26 and its Impact on Being a Good Expert, Alvarez & Marsal University
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