Business and Wage and Hour Litigation
Ken is a lawyer who just relocated to Madison after litigating business cases in Chicago for 32 years. Ken represents clients in Wisconsin and Illinois. His practice includes litigating a variety of business disputes and representing employees seeking back pay and overtime.
Ken represents clients in litigation concerning deals that go bad, defamation, breach of fiduciary duty, breach of contract, trade secrets, covenants not to compete and various business disputes. His commercial cases have involved complex advanced technologies, such as nuclear waste disposal, nuclear submarine batteries, automobile batteries, and production line technology.
Ken represents employees who seek back pay when employers fail to pay minimum wage or overtime, when they do not pay for all time worked or when they take tips. Ken does not charge a fee for this work unless the client wins money in a judgment or settlement. Ken recently represented more than 100 bartenders in a class action against a chain of bars and restaurants. The case settled favorably and some bartenders received the equivalent of a year's pay as damages.
Ken Kraus is a trial lawyer who represents clients in wage and hour litigation, complex business litigation, defamation, and executive and employee departure disputes involving trade secrets, non-competes, and compensation. He has acted as lead counsel in trials, arbitrations and mediations, as well litigated numerous class actions in courts around the country. His experience includes cases concerning breach of fiduciary duty, trade secrets, covenants not to compete, defamation, Title VII and the Fair Labor Standards Act. His commercial disputes have involved complex advanced technologies, such as nuclear waste disposal, nuclear submarine batteries, automobile batteries, and production line technology.
His clients have included numerous departing executives, a major media company, a nationwide food chain, a national retailer and national manufacturers.
A publisher turned to him when it needed to shut down a rogue website that was selling unauthorized advance copies of the most popular book in publishing history. His quick action made headlines and the handling of the matter sent a message to retailers that the publisher would not tolerate illegal early shipments.
Ken defended more than two dozen contract and fraud cases brought by distributors who claimed a manufacturer sold them used and defective products. He won or settled six jury trials and defeated six class actions, including winning a mandamus action in Alabama Supreme Court to decertify a class. See Ex Parte Exide Corp., 678 So. 2d 773 (Ala. 1996).
A newspaper publisher called him when it wanted to shed light on a sealed court case involving the richest family in Chicago. He intervened and moved to unseal the court records. He prevailed in the appellate court. See A.P. v. M.E.E., 354 Ill. App. 3d 989 (1st Dist. 2004).
His experience includes representing a phone company in a series of fraud and contract cases concerning distributor agreements, a national food chain in numerous trademark infringement actions, and a newspaper publisher in trademark litigation with a television network.
He was the only solo practitioner voted a Top 100 Super Lawyer in Illinois (2011) and received the honor again in 2012-15 after forming KrausFlaming LLC. He was chosen as an Illinois Super Lawyer in Business Litigation (2005, 2006, 2008-17). He is recommended by his peers for Best Lawyers in America.
He earned his J.D., cum laude, from the University of Wisconsin Law School in 1986, where he was Editor-in-Chief of the Law Review. He holds a B.A. in Journalism, from the Ohio State University (1981).
Ken taught Mass Media Law at DePaul College of Law from 1992-2013. He is a member of both the Illinois and Wisconsin state bars and is admitted to practice in the U.S. District Courts for the Northern District of Illinois, including its Trial Bar, the Western District of Wisconsin, and the Eastern District of Michigan and is admitted to practice before the U.S. Court of Appeals for the Seventh Circuit.
215 Glen Hollow Road, Madison, WI 53705