Zach S. Whitney

Zach came to KMK with substantial first-chair trial experience. A former Law Clerk to the Hon. John L. Coffey, United States Court of Appeals for the Seventh Circuit, he earned his spurs as a litigator as Assistant District Attorney in Milwaukee County, handling investigation and prosecution of some of the most serious criminal behavior.

Zach now applies his considerable courtroom experience for the benefit of our business and commercial clientele. He litigates wide-ranging business and commercial matters in courts around the country as well as in mediation and other alternative dispute resolution forums.

Zach’s recent activity has included:

• Representing sellers/vendors in actions involving business sales and services contracts and defending sellers/vendors against counterclaims.
• Mediating complex commercial transactions including construction liens, commercial construction, and breach of contract.
• Representing judgment holders in matters involving attempts to frustrate payment through fraudulent transfers of real property and other assets.
• A continuous regimen of motion practice, oral argument and trial practice.
• All aspects of trial preparation, including written discovery, depositions, motion practice, and document review.
• Successful resolution of cases using negotiation techniques and statutory devices to secure the greatest return for clients.

Practice Areas:

• Appellate Practice
• Arbitration & Mediation
• Bankruptcy
• Debt Recovery & Enforcement
• Employment and Labor Law for Businesses
• Eviction
• Foreclosure
• Foreclosure of Mortgages & Land Contracts
• Lender & Financial Transactions
• Lender Liability Defense
• Lien Foreclosure
• Lien Monitoring
• Loan/Lease Restructuring, Workouts & Enforcement
• Loss Mitigation
• Preference & Fraudulent Transfer Litigation
• Preference Claim Defense
• Replevin, Equipment Recovery & Repossession

Bar Admissions:

• Wisconsin
• U.S. Court of Appeals, Seventh Circuit
• U.S. District Court, Eastern District of Wisconsin
• U.S. District Court, Western District of Wisconsin
• U.S. District Court, Northern District of Illinois

Judicial Clerkship:

• Hon. John L. Coffey, United States Court of Appeals for the Seventh Circuit, 2003 – 2004

Education:

• Marquette University Law School, Milwaukee, Wisconsin,
  Juris Doctorate, Magna Cum Laude, 2002
• Hanover College, Hanover, Indiana, B.A., 1997

Selected Academic Honors/Awards:

• Marquette Law Review: Articles Editor, 2002; Associate Editor, 2001
• Academic scholarship recipient
• Dean’s list all semesters enrolled
• Highest grade awards: Federal Income Tax; Sales; Law and Economics

Professional Associations and Memberships:

• Wisconsin Bar Association

Representative Published Works:

• “Regulatory Takings: Distinguishing Between the Privilege of Use and Duty,” 86 MARQ. L. REV. 617 (2002)