Eric N. Macey

Partner

Overview

Eric N. Macey is a founding partner of Novack and Macey LLP, a sophisticated business litigation boutique. Eric is consistently rated as one of the top 100 Lawyers in Illinois per Super Lawyers and was named to the “Best Lawyers of America" for 2017 in the area of real estate litigation.

Since its inception in 1984, Novack and Macey LLP has built a national practice involving complex business litigation and litigation counseling. Eric is considered one of the country’s top commercial litigators. His clients consist of a wide range of business corporations and institutions, investment ventures, partnerships and individuals. Among other clients, Eric has represented or currently represents International Game Technology PLC, Sears Holdings Management Corporation, Medline Industries, Inc., Kohler Co., GTECH Corporation, Sunoco Logistics, L.P., PJM Interconnection, L.L.C., Yahoo! Inc., General Growth Properties, Inc., Constellation Energy Group, Mirant Corporation, Central Purchasing LLC, North American Corporation of Illinois, Checker Taxi Association, Inc., The Lurie Co., GES Exposition Services, Inc., Travelweb LLC, McDonald’s Corporation, affiliates of Time Inc., Hyatt Corporation and ExxonMobil Corporation.

Although he is always happy to see a client’s case through to a successful settlement short of trial, Eric is most at home in the courtroom. He has extensive trial experience in state and federal courts throughout the country and has acted as both an arbitrator and mediator in various alternative dispute resolution settings. In the past several years he has obtained:

  • A resounding victory in the United States District Court for the Northern District of Illinois obtaining dismissal of a four-count class-action complaint against their client, Double Down Interactive, LLC, a wholly-owned subsidiary of International Game Technology PLC (IGT); 
  • A judgment for a publicly traded master limited partnership against a former executive’s claim for post-termination equity;
  • An arbitration award for the owner of a Michigan Avenue property, finding no substantial completion as alleged by the developer;
  • A reduction of a $1.75 million punitive damages award to $65,000 by the Illinois Supreme Court;
  • A $70 million judgment against a pharmaceutical company in a royalty payment dispute;
  • A multi-million dollar judgment for the nation’s largest wholesale power producer after a bench trial;
  • An arbitration award restraining $100+ million litigation in Guatemala against a U.S. domestic power wholesaler, which was confirmed by the federal court in Washington, D.C.;
  • A settlement agreement for a regional transmission organization in a $50 million energy market dispute with hedge funds;
  • An $8 million judgment in a stock buy-out suit for Gerry Kenny, former CEO of the Kenny Construction Company;
  • A judgment for his client at the close of plaintiff’s case for a $10 million breach of warranty claim on large power generators;
  • An injunction for an Internet travel service against Orbitz for breach of contract;
  • A jury verdict in federal court in Chicago to rescind his client’s multi-million purchase of fake antique statues;
  • A favorable multi-million dollar settlement of lender liability litigation;
  • A multi-million dollar judgment against a corporation and its president for bilking the federal government;
  • A successful result defending a senior Fortune 500 executive in claims by his former employer; and
  • A successful defense at trial in federal court in Chicago for a corporation’s board of directors against claims by shareholders for breach of fiduciary duty and shareholder oppression.

Eric has been an instructor with the National Institute of Trial Advocacy, and for many years has been an Adjunct Professor at Northwestern University School of Law, teaching courses in Trial Advocacy and Discovery.

Eric is admitted to practice in Illinois and numerous federal district courts and courts of appeal. He is a member of the Trial Bar of the United States District Court for the Northern District of Illinois and is a member of the Chicago, American and Energy Bar Associations. He is a Fellow of the International Society of Barristers. Eric is a current member and past President (2007-2009) of the Chicago-Lincoln American Inn of Court. He has also been selected as a Fellow of the American Bar Foundation and is ranked as a Preeminent Attorney, the highest Peer Review Rating of the Martindale-Hubbell lawyer rating service. He has been chosen as a Leading Lawyer by Leading Lawyers Magazine annually since 2004. He is a member of the Chicago Bar Foundation’s Abraham Lincoln Circle of Justice, a prestigious group of lawyers, judges and other legal professionals who support the long-term sustainability of the Foundation’s mission.

Eric is also the immediate past Chairman of The Posse Foundation in Chicago and was a member of its National Board. The Posse Foundation identifies public high school students with extraordinary academic and leadership potential who may be overlooked by traditional college selection processes. The Foundation extends to these students the opportunity to pursue personal and academic excellence by placing them in supportive, multicultural teams (“Posses”) of 10 students. The Foundation’s partner universities award Posse Scholars four-year, full tuition leadership scholarships.

EDUCATION

  • Princeton University (A.B. 1973), Magna Cum Laude
  • Annenberg School of Communications, University of Pennsylvania (M.A. 1975), full tuition scholarship
  • George Washington University Law School (J.D. 1978), High Honors, Order of the Coif; member, George Washington Law Review

Speeches & Publications

  • “Knowing what’s at stake: How understanding damages is critical in commercial litigation,” Smart Business Chicago, November 2013.
  • “Getting it right: Is arbitration really the answer for resolving your business disputes?” Smart Business Chicago, September 2012. View PDF.
  • “Don’t let technology changes put you at risk,” An interview with Smart Business Chicago Online, October 5, 2011. View PDF.
  • “Building a Successful Law Career,” Speaker for the Judicial Intern OpportunityProgram (JIOP) Orientation held by the American Bar Association’s Section of Litigation (2010)
  • “2009 Case Evaluation Conference,” Panelist for Law Bulletin Seminars (2009)
  • Arbitration: Issues & Drafting,” Presentation for the Corporation & Business Law Committee of The Chicago Bar Association (2009)
  • “What Every Corporate Lawyer Needs to Know About Valuing a Private Business,” Presentation for The Chicago Bar Association (2006)
  • Co-author, “Are Your Attorney-Client Retention Agreements Enforceable?” CBA Record, January 2001
  • “Appeals Court Warns A New Retainer Agreement Pitfall,” Law.com
  • “Breaking Up Is Hard to Do,” USA Today,v.130, no.2676, p. 28, Sept. 2001
  • “The Collateral Estoppel Effect of Administrative Agency Actions in Federal Civil Litigation,” 46 George Washington Law Review, 65 (1977)

Representative Cases

  • PNC Bank v. LLJ Retail Ventures 5, LLC and YGDAL, LLC, Case No. 14 CH 10836 (Circuit Court of Cook County, Sept. 30, 2016).  View PDF
  • Phillips v. Double Down Interactive, LLC, Case No. 15 C 04301 (N.D. Ill. March 25, 2016). View PDF
  • Sunoco Partners, LLC v. Ronald A. Russo, Case No. 12-03342 (Chester County (Penn.) Ct. of Common Pleas, Nov. 15, 2013). View PDF.
  • Kathleen Lawlor v. North American Corp. of Illinois, 2012 WL 4950860 (Ill. 2012). View PDF.
  • Gerard M. Kenny v. Kenny Industries, 406 Ill. App. 3d 56 (2010). View PDF.
  • Pentech Pharmaceuticals, Inc. v. Par Pharmaceutical, Inc., 597 F. Supp. 2d 758 (N.D. Ill. 2009). View PDF.
  • PJM Interconnection, LLC v. Gorton, et al., Case No. 1:08-cv-216 (D. Del.) (filed April 16, 2008).
  • Mirant Americas Energy Marketing LP v. 1st Rochdale Co-op. Group, Ltd., 363 F. Supp. 2d 679 (S.D.N.Y. 2005). View PDF.
  • Pentech Pharmaceuticals, Inc. v. Par Pharmaceutical, Inc., No. 04 C 3149, 2004 WL 2390088 (N.D. Ill. Oct. 21, 2004). View PDF.
  • In re USinternetworking, Inc., 310 B.R. 274 (Bkrtcy. D. Md. 2004). View PDF.

Media