Success Story – Shareholder Steven Migala Provides Expert Witness Testimony in Breach of Fiduciary Duty and Fraud Case

Litigation • September 17, 2024


Background:

Shareholder Steven Migala provided expert witness testimony to a Taft Stettinius & Hollister LLP trial team, assisting them to obtain a jury verdict in Cook County for its client, Michael Eggum, who sued his former restaurant business co-owner Ryan Kowalis for fraud and breach of fiduciary duty regarding Eggum’s investments in the restaurant co-owned by Kowalis. The evidence at trial included Mr. Migala’s expert opinion/report and testimony concerning the interpretation of key contract documents. 

 

Challenges:

For this project, Steve and his team researched and produced an expert opinion letter / report concerning the interpretation of key contract documents, including a combined Stock Purchase Agreement and Shareholder Agreement. Mr. Migala ardently defended our firm’s opinions at deposition and at trial, persuasively explaining to the jury the meaning of various terms and conditions.

 

Result:

On September 4, a Cook County Circuit Court jury found Kowalis liable for fraudulently inducing Eggum to invest the money he saved while serving 10 tours of combat duty in Afghanistan and Iraq into the restaurant business that Kowalis co-owned and for which he acted as an officer and director. The jury found Kowalis liable for fraud and breach of fiduciary duty and awarded Eggum almost $400,000, which included $113,837 in compensatory damages and almost $300,000 in punitive damages. 


Expert Witness Success Story

Steven A. Migala

Shareholder


My team and I were pleased to assist the Taft trial team as its rebuttal expert witness on this case to achieve a favorable jury verdict for a deserving plaintiff.


Contact Steve Migala to discuss your legal needs.

847-705-7555 or smigala@lavellelaw.com.



“Steve’s expert witness testimony and analysis of the investment contract was incredibly persuasive at the jury trial. His balanced thoughtful testimony was clearly impactful on the jury. Despite the defendant's lawyer trying to push Steve to suggest that the investment funds could have been sent to any account, his opinion testimony was crystal clear – the money was directed and paid to the company's account and essentially could not thereafter be moved without unanimous shareholder approval. The jury clearly followed Steve’s testimony and the trial evidence, in finding the defendant liable for fraud in the inducement by clear and convincing evidence. We look forward to working with Steve on other cases!”

Todd Rowden – Taft Law Partner


More News & Resources

Lavelle Law News and Events

6 reasons why you shouldn’t rely on AI for legal advice
By Sarah J. Reusché and Shelley McCarthy July 17, 2026
Thinking about using AI to represent yourself in litigation? Think again. It is well-documented that pro se litigants are less likely to prevail compared to their represented counterparts. Regardless, AI has provided people with a false sense of security, tempting them to represent themselves regardless.
Representation and Warranties Insurance Democratization: A Game Changer for Many Deals
By Steven A. Migala July 13, 2026
Representations and warranties insurance (“RWI”) for mergers and acquisitions (“M&A”) is more accessible than ever due to increasing democratization in the market. Now, RWI can be a viable option for smaller, mid-market deals.
IRS Announces Simplified Penalty Relief
By Timothy M. Hughes July 10, 2026
On July 8, 2026, the Internal Revenue Service announced a new automatic process to provide penalty relief for taxpayers with a history of filing and paying on time, reducing the need for those taxpayers to request assistance in addressing penalty relief.
NDAs in the Spotlight: What Swift and Kelce’s Wedding Reveals About Protecting Your Privacy.
By Theodore M. McGinn June 30, 2026
High-profile couples like Taylor Swift and Travis Kelce are taking strict steps to protect their privacy. Reports confirm that wedding guests must sign non-disclosure agreements (NDAs) before receiving event details. This highlights how NDAs help individuals and businesses safeguard sensitive information.
Gross Lease vs. Net Lease: Which is Better for Your Business?
By Theodore M. McGinn June 29, 2026
For many businesses, the commercial lease is the largest single expense each year. But are you actually getting the best deal, or are you unknowingly paying for hidden costs? In this Lavelle Law Minute, Attorney Ted McGinn breaks down the two most common commercial leases: Gross Leases and Net Leases.
Cubs Legend Ryne Sandberg’s Family Heads to Court Over Mishandling of Trust
By Brian I. Warens June 25, 2026
Cubs Hall of Famer Ryne Sandberg, affectionately known as “Ryno,” is forever remembered for his legendary “Sandberg Game.” Sadly, his death last July has since triggered a bitter family dispute, with his children now suing his widow, Margaret Sandberg, over alleged violations of his trust.
Success Story - $7.5 Million Ukrainian Village Commercial Land Sale
By Commercial Real Estate June 23, 2026
This transaction highlights Lavelle Law’s deep expertise in managing complex commercial real estate deals in Chicago’s dynamic market, delivering efficient, client-focused outcomes even under accelerated timelines.
SCOTUS Rules SEC Can Seek Disgorgement Without Proving Victim Financial Loss
By Steven A. Migala June 22, 2026
The U.S. Supreme Court issued a unanimous ruling on June 4, 2026, in Sripetch v. Sec. & Exch. Comm’n, clarifying a significant question in securities enforcement. The Securities and Exchange Commission (SEC) does not need to identify victims who suffered actual financial harm to pursue disgorgement of ill-gotten gains.
IRS Announces Nationwide Hiring Events
By Timothy M. Hughes June 10, 2026
On June 4, 2026, the Internal Revenue Service announced a series of hiring events to take place across the country through the end of July 2026. The events are aimed at recruiting individuals for key seasonal roles, including customer service representatives and tax examining technicians.
So, You Want to Run for Office?
Meeting the Basic Eligibility Requirements is the First Step
By Annette K. Corrigan June 5, 2026
Before you print a single petition or launch a campaign website, the first and most important question is this: Am I eligible to run for this office? In Illinois, failing to meet the basic eligibility requirements can disqualify a candidate before the race even begins. Understand the rules upfront.
More Posts