DANIEL M. FEENEY, partner

feeney Mr. Feeney has experience in a variety of commercial litigation matters, with substantial experience defending lawyers and law firms in legal malpractice suits. He also advises law firms and lawyers regarding their professional and ethical obligations. In his general litigation practice, he has represented an array of business ventures in restrictive covenant, trade secret, copyright, trademark and right of publicity matters and has represented individual clients in disputes regarding the control or dissolution of closely held entities and related fiduciary duty claims. He regularly advises clients in disputes with governmental entities, including land use, public contracting and FOIA matters.
      His practice encompasses cases in both state and federal courts at the trial and appellate level. In 2008, the Chicago Law Bulletin selected Mr. Feeney as one of 40 Illinois Lawyers Under Forty to Watch.

Selected Engagements

  • Defended large law firms and attorneys in connection with multiple malpractice and fiduciary duty claims arising from litigation, corporate transactions, secured lending, municipal finance and estate and trustee responsibilities.
  • Represented employers, employees and competitors in disputes regarding restrictive covenants, trade secrets and fiduciary breaches, including federal litigation involving an international consulting practice that relocated to a competitor.
  • Represented journalists, media companies, academics and public interest NGO’s seeking public records through the federal and Illinois Freedom of Information Acts, including litigation in federal and state court challenging FOIA denials by government bodies.
  • Litigated multiple cases involving the recording industry, including defending international recording artist against claims of copyright infringement and a dispute over the value of a catalog of unreleased live BBC recordings of David Bowie and John Mellencamp.
  • Represented individual before the Illinois Supreme Court in her successful constitutional challenge to a prosecution brought under the Illinois Eavesdropping Statute.
  • Defended law firm against allegations of negligent drafting of an opinion letter in connection with publicly financed transaction, obtaining dismissal of claims after district court and appellate court ruled in client’s favor on question of first impression regarding statutory interpretation.
  • Brought federal action on behalf of a satellite television provider against a competitor, asserting violations of cable piracy statute. Obtained injunctive relief in the District Court and successfully defended that ruling before the Seventh Circuit.
  • Defended corporate executive against claims brought by a large investment bank alleging inducement of a fiduciary breach.
  • Served as lead counsel representing bank in defense of lender liability claims regarding large commercial loan asserted by unsecured creditors in bankruptcy adversary proceeding.

  • Defended international consumer products company against state and federal claims that it had used a model’s image on packaging without authorization, handling matter through appeal.
  • Represented LLC’s and LLC members in disputes regarding LLC governance, separation of members, fiduciary breaches and dissolution.
  • Represented general partner in an injunctive and accounting action regarding the sale of partnership assets and dissolution of the partnership, serving as lead counsel during injunction trial and final trial on accounting.
  • Negotiated and litigated trademark matters and trade secret issues for software developer.
  • Appointed by District Court to represent expelled union member pursuing claim against union for retaliation under the ADEA and LMRA. Obtained verdict after federal jury trial and defended verdict before the U.S. Court of Appeals for the Seventh Circuit.

Education

  • B.A., DePaul University, Political Science, 1991.
    Graduated magna cum laude
  • J.D., University of Michigan Law School, 1994.
    Graduated with honors

Experience

  • Admitted to the Illinois Bar, 1994.
  • Associate in the Chicago office of Skadden, Arps, 1994-1996.
  • Law clerk to the Hon. Barbara B. Crabb, U.S. District Court, Western District of Wisconsin, 1996-1998.
  • Associate with this firm, 1998-2002; became a partner in 2003.
  • Chair, Committee on Attorney Malpractice, Chicago Bar Association, 2013-2014.
  • Admitted to the bars of the U. S. Court of Appeals for the Seventh Circuit and the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin.

Memberships

  • American Bar Association
  • Chicago Council of Lawyers
  • Chicago Bar Association
  • Board of Directors, Chicago Youth Centers, 2011 to present
  • Chair, Board of Directors, Marketplace Handwork of India, 2011 to present; largest apparel fair trade NGO in the U.S.

Selected Publications and Presentations

  • Why Claims Against Lawyers For Breach Of Fiduciary Duty Are Becoming Extinct,” Chicago Bar Association Record, January 2012. Written with Michael L. Shakman and Alexandra K. Block.
  • “Termination of the Attorney-Client Relationship and Obligations to Former Clients,” presented at Chicago Bar Association Professional Responsibility Committee Annual Seminar.
  • “Waivable and Unwaivable Conflicts of Interest,” presented with Jennifer E. Smiley at the 2007 Illinois State Bar Association annual Small Firm and Solo Practitioner Conference.
  • “You Wrote it But Who Owns It? An Overview of Copyright Law,” American College of Emergency Physicians ACEP News, Volume 23, No. 8 September 2004. Written with Bradley L. Cohn