Christa D. Wittenberg

Examples of Recent Cases

• Successfully defended large publicly traded corporation against trade secret claims by former vendor and pursued counterclaims for breach of contract and fraud that resulted in multi-million-dollar settlement payment to client
• Pursued breach of contract claims on behalf of health care provider in arbitration against large health insurance company involving slow payment on thousands of claims, resulting in favorable settlement
• Prevailed on appeal, defending the results of a jury trial that awarded client damages for trespass and unjust enrichment for use of its property, Mid-America Steel Drum Props., LLC v. Container Life Cycle Mgmt. LLC, Appeal No. 2021AP1603
• Recovered funds for health care provider in multiple disputes with health insurance companies and other payors for non-payment and under-payment of commercial and Medicare Advantage claims
• Successfully defended HVAC subcontractor against indemnity claims by performance contractor for school facility upgrades, obtaining summary judgment in client’s favor with award of attorneys’ fees and costs in Columbus School District v. Cooperative Educational Service Agency 10, Case No. 17-CV-121 (Columbia County, Wisconsin), affirmed on appeal, Appeal No. 2020AP1152
• Prevailed at summary judgment to defeat claims that financial institution violated Truth in Lending Act (TILA) and Equal Credit Opportunity Act (ECOA) in Ball v. Landmark Credit Union, Case No. 22-cv-69 (Eastern District of Wisconsin)
• Successfully defended health care provider from fraud and other tort claims, prevailing on motions to dismiss
• Defended director of publicly traded corporation against breach of fiduciary duty claims by stockholder, prevailing on a motion to dismiss in SPI Solar, Inc. v. Analytics Plus, LLC, Case No. 19-CV-599 (Waukesha County, Wisconsin)
• Successfully represented mortgage company pursuing claims in arbitration against multiple former employees who diverted business and misused employer’s trade secrets and confidential information; defended officer and director against breach of fiduciary duty claims
• Part of litigation team achieving favorable settlement after pursuing claims against former officer of company who left to start competing venture and other individuals violating or assisting in violating restrictive covenants
• Successfully represented small business in dispute with software vendor through litigation and mediation
• Assisted client with developing strategy and preparation of lawsuit and motion for temporary restraining order after former salesperson violated non-competition clause and other restrictive covenants in employment agreement, resulting in pre-suit settlement
• Successfully represented multiple financial services companies and other businesses against Fair Debt Collection Practices Act and Wisconsin Consumer Act claims for debt collection activities, including putative class action claims, in the Eastern and Western Districts of Wisconsin and in Wisconsin and Illinois state courts
• Assisted in obtaining dismissal of breach of contract and promissory estoppel claims against construction subcontract bidder in connection with the construction of a downtown Milwaukee high-rise office building on summary judgment, affirmed on appeal: C.G. Schmidt Inc. v. Permasteelisa N. Am., 825 F.3d 801 (7th Cir. 2016)
• Successfully represented clients in certified class action alleging that health plan administrators breached fiduciary duties by failing to administer health claims in a manner consistent with employee health plan language covering “usual, customary and reasonable” charges for out-of-network services in George v. CNH Health and Wealth Benefit Plan, Case No. 16-CV-1678-JPS (Eastern District of Wisconsin)
• Obtained favorable summary judgment ruling in dispute between former business partners over trademark use and alleged fraud, breach of fiduciary duty, and defamation in EastStar Solutions, Ltd. v. Owens, Case No. 16-CV-1551 (Eastern District of Wisconsin)
• Successfully represented small business pursuing claim against financial advisors for recommendation of ineffective tax strategy
• Obtained summary judgment in favor of insured property owner in coverage dispute with title insurance company
• Successfully represented employer by obtaining early dismissal of false imprisonment and intentional infliction of emotional distress claims by disgruntled former employee
• Brought in to handle, assist with, or consult on numerous appeals
• Successfully represented architect defending against numerous claims related to home remodel project
• Assisted clients on many occasions with evaluating, responding to, and challenging subpoenas to minimize cost and risk and maximize protection of information
• Investigated and litigated false claims act cases
• Successfully represented numerous clients in personal injury matters, both through pre-suit settlements and through litigation
• Represented family members involved in estate disputes, including in court cases in Wisconsin and in Illinois
• Forced removal of scam website mimicking client’s website and infringing copyright and trademark rights
• Served as active local counsel in numerous complex cases in state and federal courts in Wisconsin

• State Bar of Wisconsin
• American Bar Association
• Eastern District of Wisconsin Bar Association, Board of Directors
• Association for Women Lawyers
• Milwaukee Bar Association

Court Admissions

• Wisconsin
• Illinois
• United States Court of Appeals for the Seventh Circuit
• United States District Court for the Eastern District of Wisconsin
• United States District Court for the Western District of Wisconsin
• United States District Court for the Central District of Illinois

• Selected for inclusion on The Best Lawyers in America: Ones to Watch list, 2021–2024
• Selected for inclusion in 2020–2023 Wisconsin Super Lawyers Rising Stars, Law and Politics and Milwaukee Magazine
• 2019 Winner of the Terence T. Evans Humor and Creativity in Law Competition
• Order of the Coif, honorary scholastic society for law students
• Phi Beta Kappa, academic honor society for undergraduates
• Certificate of Merit awards for highest grade in class in Contracts and Evidence courses at University of Michigan Law School
• Production Editor, Michigan Journal of Race and Law, 2011–2012
• Executive Editor, Michigan Journal of Environmental and Administrative Law, 2011–2012

• Speaker, “Legal Research Strategies,” O’Neil Cannon, March 2022
• Author, “Check Assumptions at the Door,” Wisconsin Lawyer, July 2020
• Panelist, “Due Process Uncertainty While Confronting a Measles Outbreak,” State Bar of Wisconsin PINNACLE Seminar “Annual Constitutional Law Symposium 2019,” December 2019
• Co-Author, “When Measles Meets Due Process,” Wisconsin Lawyer, November 2019
• Speaker, “Best Practices for Using Emails at Depositions,” O’Neil, Cannon, Hollman, DeJong and Laing S.C., August 2019
• Speaker, “Freedom from Litigation: Personal Jurisdiction and Sovereign Immunity,” State Bar of Wisconsin PINNACLE Seminar “Annual Constitutional Law Symposium 2018,” December 2018
• Speaker, “Precision v. Concision: Can You Have it All?,” State Bar of Wisconsin PINNACLE Seminar “Know Your Writes:  Next Level Legal Writing,” May 2017
• Speaker, “Regulation of Abortion Providers and the Impact of Whole Woman’s Health v. Hellerstedt,” State Bar of Wisconsin PINNACLE Seminar “With Liberty and Justice: A Constitutional Law Symposium,” December 2016
• Author, “Testamentary Capacity: A Sliding-Scale Approach,” Wisconsin Lawyer, September 2016
• Speaker, “The Impact of Judicial Law Clerks and Staff on State and Federal Court Proceedings,” O’Neil, Cannon, Hollman, DeJong and Laing, Hot Topics for Small Firm and Solo Practitioners seminar, October 2015
• Author, “The Constitutional Framework for Public Health Responses to Disease Outbreaks,” Health Law Litigation, American Bar Association Section of Litigation, Health Law Litigation Committee Newsletter, Spring 2015
• Co-Presenter, “Post-Trial Motions in Federal Court,” Peoria County Bar Association’s Federal Practice Seminar, July 2013

• Past Chairperson of Communications Committee of State Bar of Wisconsin
• Past President and Current Member of Board of Directors for LOTUS Legal Clinic
• Mock trial judge for Wisconsin High School Mock Trial
• Member of St. Mark’s Lutheran Church in Cudahy, Wisconsin