Photo of Daniel C. McCabe

Daniel C. McCabe

Officer

“As first-chair trial counsel, I aggressively and efficiently handle clients' business litigation needs. I also provide risk management and general legal services as ‘outside general counsel.’  In this capacity, I am able to protect clients in court while assisting with their businesses' growth.”

Admissions

  • Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, District of Colorado
  • U.S. District Court, Western District of Michigan

Education

J.D., Chicago-Kent College of Law, Jessup Award, Moot Court Honor Society, 1994

B.A., Northwestern University, 1991

Profile

Daniel McCabe was recognized by the Law Bulletin Publishing Company as "one of the most sought after commercial litigation specialists in Chicago,” given the multiple awards and judgments he has won for his clients as first-chair trial counsel in courts and arbitrations throughout the nation. Dan’s courtroom successes range from multimillion-dollar awards won for his clients, to the entry of temporary restraining orders and permanent injunctions to protect clients' IP, proprietary information and property, to many successful dispositive motions for clients in an array of industries.

Dan’s litigation and outside general counsel practice is expansive; he has litigated cases for clients in Illinois, New York, Washington, D.C., California, Colorado, Missouri, Michigan, Louisiana and Florida, to name a few. His focus is on the construction, real estate, energy, banking/finance, manufacturing and pharmaceutical industries for large to mid-size corporate clients and entrepreneurs alike. Dan has experience in the area of alternative energy as well, representing a Germany-based wind turbine manufacturing company that recently completed a significant merger. That representation includes mechanics’ lien and general commercial litigation, as well as lease review and drafting and general corporate compliance and structure issues.

In addition, Dan has represented numerous clients in the restaurant and hospitality industry with an established record of success, including the representation of Michelin Star restaurants and their owners, investors, and chefs.  His work for restaurant clients includes risk management from start to finish, whether through transactional matters and drafting of formation documentation or, when necessary, aggressive but cost-efficient litigation services.

In addition to Dan’s legal practice, he is president of the board for the Ferrer Foundation, a Chicago charitable organization helping underprivileged children find viable and healthy alternatives to the violence and poverty that unfortunately still exists throughout the city.

Community/Civic Activities

  • The Ferrer Foundation, Board President

Honors & Awards

Honors & Awards

  • “Top 40 Under 40,” Law Bulletin Publishing Company, 2008
  •  Illinois Super Lawyers, Business Litigation/Corporate

Experience

Representative Matters

  • As lead trial counsel, Dan won a $7.5 million award against one of the largest pharmaceutical development companies in the world. The evidence centered on complex issues of pharmaceutical bioequivalent statistical standards, as well as drug formulation and development issues, regarding a drug product known as estradiol benzoate for which the client had developed a proprietary microsphere time-release technology.
  • Successfully litigated multiple complex, international and national mass tort/class action coverage litigation cases, including the Phenylpropanolamine and Diethylstilbestrol international drug product cases; the AT&T optic cable national real estate trespass class action; the American Meter polybutylene dip-tube class action, which involved approximately 16 million class action plaintiffs; and, the international Owens-Corning asbestos non-products case.
  • As general counsel for a New York-based private equity fund led by former New York Gov. George Pataki, Dan was responsible for all corporate formation issues and compliance, risk management and liability concerns, as well as its fundraising/planned development projects and third-party contracts/agreements in the international luxury lodging real estate sector.
  • As litigation / transactional counsel for an internationally based wind turbine manufacturer, Dan handled complex mechanic’s lien, commercial/land lease and third-party contract issues.
  • As lead trial counsel for a privately owned pharmaceutical entity, Dan won a $2.5 million award against an internationally based pharmaceutical company after a one-week arbitration in New York. Further, he defeated the opposition’s $9 million counterclaim.
  • As trial counsel for Walsh Construction Co., Dan defeated a claim by an insurer to enforce a six-figure deductible agreement payment claim, successfully enforcing the terms of a settlement and release agreement concerning a multimillion-dollar Chicago construction project.
  • As lead trial counsel for a prominent Chicago real estate development company, Dan negotiated and obtained a highly favorable settlement for his client, who was facing an $800,000 mechanic’s lien/breach of contract action, involving a multimillion-dollar condominium conversion project in Chicago. The issues presented were alleged construction delays, professional malpractice and claimed construction defects.
  • As lead trial counsel for a specialized industrial manufacturing company, Dan secured a temporary restraining order from the Circuit Court of Cook County, protecting an estimated $5 million of his client’s intellectual property regarding proprietary mechanical devices used by the U.S. military.
  • As outside general counsel, Dan represented the owners and chefs of some of Chicago’s premier restaurants, including Juno restaurant in Lincoln Park and Oriole restaurant in the West Loop, handling corporate formation and investor documentation.
  • As lead trial counsel, Dan won a breach of contract claim following trial against a Chicago homebuilder for faulty construction of a high-end residential home in a prominent Chicago suburb.
  • As lead trial counsel, successfully litigated a shareholder derivative claim in federal court on behalf of a corporate board member and corporate shareholder fighting to enforce sound finance and accounting principles with the operation of their corporate entity.
  • As outside general counsel for a prominent Chicago real estate development company, oversaw the acquisition, financing, construction and development of projects including a $55 million residential condominium project in Chicago’s West Loop area.
  • As outside general counsel for a Chicago and Texas-based utility pole manufacturing company, handled all third-party contract negotiations and liability concerns, including all contracts for an international group of sales representatives and consultants.
  • As lead trial counsel, secured a temporary restraining order and preliminary injunctive relief for his client, enjoining the defendant condominium association from destroying his client’s exclusive property easement.
  • As lead trial counsel for a Chicago-based electrical subcontractor for high-rise and other multimillion-dollar construction projects, Dan won a summary judgment for his client, defeating the plaintiffs’ $350,000 successor liability claim. When the opposing party appealed to the Illinois Appellate Court, Dan also won the appeal.
  • As lead trial counsel for a Chicago based entrepreneur in the insurance and real estate development industries, won a summary judgment for his client, defeating the plaintiffs’ $400,000 breach of commercial lease claim. When the opposing party appealed to the Illinois Appellate Court, Dan also won the appeal.