Business & Commercial Litigation
Patrick Harvey is a shareholder in the Milwaukee office of Whyte Hirschboeck Dudek S.C. where he is a member of the Business & Commercial Litigation and Product Liability Litigation & Risk Avoidance teams. In his practice, Mr. Harvey represents corporations, governmental entities, and individuals in a broad range of commercial, bankruptcy, constitutional, civil rights, personal injury defense, employment, and fraudulent conveyance litigation matters before state and federal courts.
- University of Michigan Law School, J.D.
- James Madison College at Michigan State University, B.A., Political Theory and Constitutional Democracy
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Western District of Wisconsin
- U.S. Court of Appeals, Seventh Circuit
Awards & Distinctions
- Named 2015 Wisconsin Up and Coming Lawyer, Wisconsin Law Journal
- Named a "Rising Star" on the Wisconsin Super Lawyers list (2011-2015)
- Book Award (top student) in Legal Practice, University of Michigan
- Jack Chapin Memorial Award, Outstanding Senior in Political Theory and Constitutional Democracy, James Madison College at Michigan State University
Representative WorkDebtor/Creditor Rights
Contract and Non-Compete Actions
- Successfully represented client in federal court in a novel, complex Interest Rate Swap Agreement dispute with the debtor over eight figures worth of payments at issue in one of the largest bankruptcies in United States history, ultimately resulting in repayment of the contract amount and attorneys’ fees from the debtor while the appeal was pending. The case received international headlines and was being followed closely by participants in the derivatives market because, among other things, its outcome would affect subsequent interpretations of the ISDA Master Agreement.
- Played key role in defending the debtor in a highly-publicized bankruptcy case seeking nine figures from the debtor, and which involved issues related to fraudulent transfer law, the Bankruptcy Code, and the United States Constitution.
Fraud and Fraudulent Conveyance
- Obtained seven figure judgment from the Seventh Circuit Court of Appeals in a dispute over the proceeds of an insurance claim, which involved novel questions of contract interpretation, reformation law, application of Limited Liability Company law, creditors’ rights during and after an LLC ceased doing business, and the rights of a receiver under Wisconsin’s receivership statutes.
- Successfully litigated and obtained summary judgment in favor of international sports equipment manufacturer in a federal court lawsuit involving allegations that it breached a contract and was liable for seven figures in damages.
- Obtained voluntary agreement to withdraw all non-compete defenses in arbitration proceeding against a highly compensated employee who left the employer.
Trial and Appellate Experience
- Obtained voluntary dismissal after motion to dismiss briefing in federal court class action against one of the world’s largest retailers based on allegations that its sales practices violated several fraud and consumer protection statutes.
- Successfully defended client in federal court from fraudulent conveyance and unjust enrichment claims seeking recovery of seven figures in payments received before one of the largest investment fund failures in Wisconsin history, ultimately obtaining judgment in the client’s favor on a motion to dismiss, and on a subsequent motion for reconsideration.
- In the last three years, first chaired four trials, and second chaired three others, in issues ranging from lease disputes for a national real estate client, to premises liability claims against a national retailer with more than 7,000 stores nationwide.
- Successfully defeated claims over a proposed multi-million dollar set of luxury condominium units, by handling all aspects of appellate briefing and oral argument in the Seventh Circuit Court of Appeals, as well as summary judgment in the District Court.
- Obtained summary judgment in national client’s favor in federal court class action involving allegations that the client’s employment practices violated various provisions of the Fair Credit Reporting Act.
- Defended wage and hour class action lawsuit in federal court.
Personal Injury and Wrongful Death
- Litigated numerous commercial transportation lawsuits, including personal injury and wrongful death claims.
- Reached favorable settlement for nationwide logistics services provider over a logistics agreement dispute.
Professional Malpractice Defense
- Obtained favorable settlement mid-trial in a highly-publicized, federal court wrongful death action.
- Defended national and international food manufacturers against significant personal injury claims stemming from allegations that their employees’ actions violated OSHA regulations, and that their products violated products liability laws.
- Obtained summary judgment and victory on appeal in a lawsuit seeking eight figures in damages over negligent hiring and supervision claims stemming from one of the largest mass murders in Wisconsin history.
- Litigated professional malpractice claims, including legal malpractice, title insurance malpractice, tax preparation malpractice and code enforcement malpractice.
- Prepared complex opinion letter to large university regarding university policies and potential conflicts with the First Amendment to the United States Constitution.
- Defended several high-profile constitutional matters involving the First Amendment to the United States Constitution, and the Fourth Amendment to the United States Constitution.
- Whyte Hirschboeck Dudek/Children's Hospital Pro Bono Guardianship Project
Articles and Presentations