Christopher W. Carmichael is a partner in Holland & Knight’s Chicago office, concentrating on appeals and commercial litigation.
Mr. Carmichael is a member of the firm's Appellate Team and has argued dozens of appeals in state and federal appellate courts. He is also Holland & Knight's Chicago office hiring partner. Prior to joining Holland & Knight, Mr. Carmichael served as a law clerk to Judge William J. Bauer of the United States Court of Appeals for the Seventh Circuit in Chicago.
Some of Mr. Carmichael's appellate representations include:
- People ex rel. City of Chicago v. Le Mirage, Inc., (E2 Nightclub) et al, 2011 IL App (1st) 093547 – Obtained a ruling vacating the conviction and two-year prison sentence entered against a client for contempt of a housing court order
- Burnett v. Stroger, 905 N.E.2d 939 (Ill. 1st Dist.) – In a case of first impression, obtained a landmark ruling in favor of the Cook County public defender when the court found that the president of the Cook County Board did not have direct operational control or authority over the Office of the Public Defender
- Gregory v. Georgia-Pacific & Mobil, 892 N.E.2d 563 (Ill. 1st Dist.) – Obtained a ruling in favor of Georgia-Pacific in a case involving an unusual application of the choice of law issue of "decapage" when the court found that decapage could not be used to apply different law to different defendants all alleged to have caused the same injury
- Sanchez & Daniels v. Koresko, 503 F.3d 610 (7th Cir.) – Obtained a ruling in favor of New York Life Insurance Company and three other insurers, with the court finding that the former plaintiffs' class action attorney could not maintain a claim for tortious interference with his contingent expectancy after his clients decided to settle their claims
Mr. Carmichael represents banks, manufacturers and distributors, commercial lessors, software companies and hospitals in trials and arbitrations, and is an Adjunct Professor at DePaul law school teaching Emergency Relief and Equitable Remedies. Some representative engagements include:
Commercial Lending:
- obtained a multimillion dollar judgment against the borrower and guarantors in a contested action over a defunct housing development
- prevailed on motions for possession and appointments of receivers in contested commercial foreclosures of office buildings and multi-family developments
- obtained dismissal of defenses and summary judgment on lender liability claims
Contracts, Warranties and License Agreements:
- won an arbitration award for a product distributor on a breach of warranty action for recall and retrofit costs for product defects
- obtained a defense verdict for an architectural firm on a former client's breach of contract action
- defended a component manufacturer against breach of warranty, indemnity and recall claims
- won summary judgment for a software licensor on a claim for specific performance of software licensing contract
Class Actions:
- defended a book publisher against class action alleging false marketing claims
- defended a for-profit school against a class action alleging false advertising claims (no class was certified)
- defended life insurers in a class action involving the marketing and sale of a deferred compensation product (no class was certified)
- defended a major newspaper against multiple class actions alleging false advertising (coupon settlement class was certified)
Commercial Leasing:
- obtained eviction orders and judgments for a commercial lessor after purchasing an underperforming building
- recovered an Airbus passenger jet at O'Hare airport for a commercial lessor
Mr. Carmichael also consults with clients on drafting contracts and product warranties under the Uniform Commercial Code. Some of his engagements include:
- advising an industrial product manufacturer on residual warranty claims for a discontinued product line
- advising a product designer on UCC warranty terms, damage waivers and limitations of liability
- advising foreign manufacturers of consumer products on UCC warranty terms, damage waivers and limitations of liability
Mr. Carmichael represents healthcare entities, manufacturers and distributors, and commercial lenders in disputes before the state and federal courts and in arbitrations and mediations. Some representative engagements include:
Healthcare:
- representing hospitals in leasing and contract disputes with physicians and other entities
- regularly advising hospitals on leasing compliance with Stark law, state law, and local ordinances
- representing hospitals in breach of contract and breach of warranty claims with vendors
- represented health insurance provider in several multi-million dollar disputes regarding the termination and re-negotiation of rate of reimbursement for services
- advised hospital on threatened litigation arising out of hospital's relocation to a new facility
Manufacturers & Distributors:
- regularly advising product designers and manufacturers on Uniform Commercial Code (UCC Article 2) warranty terms, damage waivers and limitations of liability
- drafting UCC warranty terms, damage waivers and limitations of liability
- won arbitration award for a product distributor on breach of warranty action for product defect recall and retrofit costs
- defended component manufacturers against multi-million dollar breach of warranty, indemnity, and recall claims
- advised industrial product manufacturer on potential residual warranty claims resulting from discontinued product line
- defended book publisher/distributor in class action alleging false marketing claims
Commercial Lenders:
- representing commercial lenders in contested foreclosures of office buildings and multi-family developments
- representing commercial lenders in motions for appointments of receivers, mortgagee in possession, and motions to dismiss or summary judgment on lender liability claims and defenses
- obtained a multi-million dollar judgment against borrower and guarantors in a contested action over a defunct housing development
Mr. Carmichael's appellate practice covers a wide range of subject matters and focuses on the skill of advocating to appellate panels. Prior to joining Holland & Knight, Mr. Carmichael served as a law clerk to Judge William J. Bauer of the United States Court of Appeals for the Seventh Circuit in Chicago. Mr. Carmichael has argued dozens of appeals in state and federal appellate courts, including:
- U.S. v. Crisofer Tichneor, No. 11-2433 (7th Cir. 2012)
- Monica Gonzalez-Servin, et al v. Ford Motor Company, et al, 662 F.3d 931 (7th Cir. 2011)
- ADT v. Lisle Woodridge Fire Protection District et al., No. 10-3968 (7th Cir. 2011)
- U.S. v. Ronnanita Fluker, No. 11-1013 (7th Cir. 2011)
- People ex rel. City of Chicago v. Le Mirage, Inc., (E2 Nightclub) et al, 2011 IL App (1st) 093547
- Gambino v. Boulevard Mortgage Corp., 922 N.E.2d 380 (Ill. 1st Dist. 2009)
- Burnett v. Stroger, 905 N.E.2d 939 (Ill. 1st Dist. 2009)
- U.S. v. Ortega-Vargas, No. 08-2886 (7th Cir. 2009)
- Gregory v. Georgia-Pacific & Mobil, 892 N.E.2d 563 (Ill. 1st Dist. 2008)
- White v. Schulz, No. 07-763 (Ill. 1st Dist. 2008)
- Sanchez & Daniels v. Koresko, 503 F.3d 610 (7th Cir. 2007)
- Daniels v. Bursey, 430 F.3d 424 (7th Cir. 2005).
Mr. Carmichael is an adjunct professor at DePaul College of Law, where he teaches Emergency Relief and Equitable Remedies Law.