Jane B. McCullough

Of Counsel

Jane B. McCullough has more than 35 years of experience litigating complex commercial disputes in federal and state courts nationwide. She has handled a wide variety of cases involving breach of contract, fraud, securities fraud, class actions, RICO, civil rights, zoning, mortgage foreclosure and product liability. She has experience and responsibility at all stages of litigation, including first chair jury and non-jury trial experience, examination of expert witnesses, preliminary injunction hearings, oral arguments before the Illinois Appellate Courts, the Seventh Circuit Court of Appeals, and the Illinois Supreme Court, and multimillion-dollar settlement negotiations.

Concentrations

  • Business litigation
  • Class actions
  • Products liability

Capabilities

Experience

  • Counsel for one of the nation's largest retailers in a series of putative class actions in state and federal courts nationwide and defeated all class certification motions in both trial and appellate courts.
  • Retained after a 49-state class had been certified, obtained summary judgment on all claims, and successfully defended the judgment on appeal.
  • Counsel for one of the nation’s largest apparel retailers and succeeded in dismissing all putative class action claims.
  • National defense counsel for an international manufacturing conglomerate.
  • Defended one of the world's largest financial institutions in complex bankruptcy proceedings and obtained dismissal of claims in excess of $60 million.
  • Represented a Canadian pension fund/portfolio fund manager in three simultaneous actions and defeated fraud and failure to lend claims in excess of $100 million.
  • Represented a billion-dollar computer corporation in a suit for licensing fees brought by a software developer. After minimal discovery, created and implemented a unique "Med-Arb" ADR format that reduced the client's potential fees by half and resolved the case in one day at less than a third of plaintiff's demand.
  • Represented a national commercial real estate conglomerate and REIT advisor in an ACLU First Amendment "test" case of first impression against owners/operators of regional shopping centers. Primary responsibility for case management and strategy and author of all written submissions, including winning summary judgment pleadings.
  • Represented a national commercial real estate conglomerate and REIT advisor in a class action race discrimination and Fourth Amendment case. Stayed plaintiffs' motion for preliminary injunction and denying class certification, leading to a favorable settlement.
  • Represented the owners of two major Colorado ski resorts in a zoning dispute with the local community over a proposed multimillion-dollar real estate development; second-chaired trial that struck down Snowmass Village's Master Plan as unconstitutional.
  • Represented a national chemical manufacturer in a wrongful death action and provided consulting services on its failure to warn litigation nationwide. Responsible for obtaining summary judgment based upon innovative defense of first impression in Illinois: whether the Federal Hazardous Substances Act preempts common law failure to warn causes of action. Defended this judgment in the Appellate Court of Illinois and the Illinois Supreme Court, resulting in the elimination of a cause of action previously recognized under Illinois law, and then defeated a Petition for Writ of Certiorari in the United States Supreme Court. 

Recognition & Leadership

  • Listed, Leading Lawyers Network, 2005-2019
    • Listed, Among the Top 100 Women Business Lawyers in Illinois, 2012, 2014
  • Rated, AV Preeminent® 5.0 out of 5

°AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies.

  • Member, American Bar Association
  • Member, Chicago Bar Association
  • Expert Witness Course, National Institute of Trial Advocacy
  • Trial Advocacy Course, National Institute of Trial Advocacy

Credentials

Education
  • J.D., cum laude, DePaul University College of Law, 1981
    • DePaul Law Review
  • B.A., Elmhurst College, 1976
Admissions
  • Illinois
  • Supreme Court of Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Seventh Circuit