For Your Business Needs
David McLauchlan, Esq.
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Practice Areas:
- Business Litigation
- Insurance
- Reinsurance
- Construction Law
- Intellectual Property
- Mergers and Acquisitions
- Unfair Business Practices
- Aviation Law
- Product Liability
- Property Damage
- Asbestos
- Environmental Coverage Issues
Biography
Mr. McLauchlan has been practicing law for 33 years and concentrates his practice in complex litigation, insurance coverage, professional liability, and reinsurance law. He has successfully handled numerous cases involving asbestos and environmental issues. He continues to serve as lead trial and appellate counsel on cases for the London insurance market in insurance coverage matters involving asbestos and pollution related claims.
Most recently, he prevailed on all issues on behalf of the London Insurers in a matter involving over $260 million in insurance coverage against Uniroyal Inc. (New Jersey Appellate Court, Sept. 2005) a case involving a host of insurance coverage issues related to the asbestos litigation against Uniroyal. He has also represented domestic carriers and businesses in a myriad of business disputes. He has tried cases all over the United States before State and Federal Courts and is one of the firms lead trial counsel. He has been recognized by the Leading Lawyers Network as one of the Top Attorneys in Illinois in Insurance Coverage and is AV peer rated as published by Martindale Hubbell. He is a frequent lecturer on litigation, professional liability, and insurance topics including: Lecturer and author of presentation at Mealeys, LexisNexis Wall Street Forum: Mass Tort Litigation: Insurance Coverage Mass Tort Litigation.(Oct. 2005); Speaker and Panelist for International Law Association: International Law Weekend 2005 (New York, N.Y.) on the topic: Private Ordering and Compliance with Reinsurance Agreements.
In 1980, Mr. McLauchlan was elected Partner at Lord Bissell Brook. During his tenure, he has served in various leadership roles including Department Chairman and member of various committees including the executive and compensation committee for the 275-attorney firm. In addition to his responsibilities at the firm, Mr. McLauchlan has served as a Board Member of several closely held corporations and as the President of his homeowners association.
Mr. McLauchlan is committed to numerous charitable organizations including The Misericordia Homes Family Association. Additionally, he currently serves as an active member of the Aircraft Owners and Pilots Association, Lawyer Pilot Bar association, American Bar Association, and the Chicago Bar Association.
A resident of Chicago, Illinois, he is an avid golfer, motorcyclist and an aviation enthusiast and has been an active pilot for over fifteen years.
Education
- University of Illinois College of Law, Illinois
- J.D.
- Honors: National Moot Court Team
- Bradley University
- B.A.
- Honors: Bradley University B Club, Golf
- Honors: Omicron Delta Kappa, honorary
- Honors: President Interfraternity Council
Bar Admission
- Illinois, 1972
- U.S. District Court Northern District of Illinois, 1972
- U.S. District Court Southern District of Illinois, 1972
- U.S. Supreme Court, 1979
- U.S. Court of Appeals 7th Circuit
- U.S. Court of Appeals Federal Circuit
Published Works
- Comment University of Illinois Law Forum 292, 1971
Representative Cases
- Uniroyal Inc. v. American Reinsurance Company, et. al., Superior Court of New Jersey, Appellate Division, Docket No. A-6718-02TI (unpublished N.J. Appellate Division Sept. 13, 2005) (Mealey’s Litigation Report: Insurance Vol. 20 #1, Nov. 1, 2005). Served as Lead trial and Appellate Counsel for London Insurers in asbestos related coverage action by Uniroyal, Inc. to recover more than $260 million in London coverage. Prevailed on substantial issues at trial and all remaining issues on appeal.
- U.S. Gypsum Co. v. Admiral Ins. Co., 268 Ill.App.3d 598, 643 N.E.2d 1226, (1st Dist., 1994). Served as Lead trial and appellate counsel for London in asbestos related building damage coverage action. Prevailed on key coverage issues saving over $45 million for London clients.
- In re Energy Systems Equipment Leasing Securities Litigation, Defended lawyer and law firm in securities fraud and RICO claim. Successfully concluded with a favorable settlement and dismissal.
- In re Celotex Corp., Served as Lead Trial Counsel for London Insurers in lengthy trial in Bankruptcy Court in asbestos related coverage action. Prevailed on key coverage issues for London clients in defense of over $125 million in coverage.
- Heckmann Building Products Inc. v. Hohmann & Barnard Inc., et al., United States District Court, N.D. of IL, Civil Action No. 12 CV 265; and Heckmann Building Products Inc., et al, v. Hohmann & Barnard Inc., et al., United States District Court,, N.D. of IL, Civil Action No. 10 CV 47262. Represented plaintiff-manufacturer as lead trial counsel in trial proceedings for contempt of court for breach of Consent Decree related to prior patent litigation settlement and in the filing of companion case for tortuous business interference and breach of fiduciary duties. After trial, post-trial motions, appeal, and the filing of a second action all issues and cases resolved by confidential settlement agreement.
Honors
- Selected in 2020 and earlier for Super Lawyers (www.superlawyers.com)
- Leading Lawyers Network (www.leadinglawyers.com)
- Best Lawyers in America selection 2021 and earlier
- America’s Top 100 Attorneys Lifetime Achievement Award 2018
- AV peer rated as published by Martindale-Hubbell law directory
- Eamon Shannon award for Pro Bono work for the Center for Disability and Elder Law (www.probonocdel.org)
- Fellow, Litigation Counsel of America
- Fellow, American Academy of Alternative Dispute Resolution
Classes & Seminars
- Mealey’s, LexisNexis: “Wall Street Forum: Mass Tort Litigation: Insurance Coverage & Mass Tort Litigation.”(Oct. 2005)
- Speaker and Panelist for International Law Association: International Law Weekend 2005 (New York, N.Y.) on the topic: “Private Ordering and Compliance with Reinsurance Agreements.”
- Speech at CDEL Annual Gala regarding Pro Bono trial for indigent client (2009)
- September 2011, Litigation Counsel of America, Renaissance III, Trying the Unwinnable Case: "Think Like a Litigator; Sting Like a Bee: Trying Lawsuits on the Road"
- October 9, 2013: Guest Speaker on Blog Talk Radio: “Money for Lunch” program hosted by Bert Martinez titled: “Insurance law issues in Privacy Law, Cyber Security, Advertising and Blogging”
- December 5, 2016 webinar: “The Drones: Regulatory, Privacy, Product Liability & Insurance Issues Every Firm Needs to Know”, sponsored by The Knowledge Group.
Pro-Bono Activities
- The Misericordia Homes Family Association
- Foundation Board of Special Olympics Illinois (2008-2013), Member
- University of Illinois, College of Law Alumni Board (2012-2014), Member and Mentor
Past Positions
- Lord Bissell & Brook LLP, Associate
- Lord Bissell & Brook LLP, Equity Partner
- Locke Lord LLP, Equity Partner
Professional Associations
- Chicago Bar Association, Member
- Illinois State Bar Association, Member
- American Bar Association, Member
- American Judicature Society, Member
- Member of AIDA Reinsurance & Insurance Arbitration Society (Certified Arbitrator, and Qualified Mediator)
- Association for Conflict Resolution
- Association of Insurance & Reinsurance Run-Off Companies (Arbitration Panel)
- Aircraft Owners & Pilots Association
- Lawyer-Pilot Bar Association
- American Bar Association (Member of Business Litigation, Aviation Law, Tort & Insurance, Alternative Dispute Resolution, International Law, Construction Law & Intellectual Property Law Committees)
- Chicago Bar Association
- Founder, The International Arbitration & Mediation Group LLC
Certified Legal Specialties
- Member and Certified Arbitrator, Chartered Institute of Arbitrators, 2016 to present
- Certified as an arbitrator by ARIAS-US: January 2009 to present (www.arias-us.com)
- Arbitration Panel Member: Association of Insurance & Reinsurance Run-Off Companies (AIRROC)
- Court Certified Arbitrator: Illinois Supreme Court Mandatory Court-Annexed Arbitration Program; Chair Qualified
- Court Certified Mediator, United States District Court, Northern District of Illinois, Western Division ; Court-annexed Major Case Civil Mediation Program, Circuit Court of Cook County, Illinois, Law Division and Chancery Division; Certified Mediator: DuPage and Lake County, Illinois
- ARIAS-US: Qualified Mediator
- Mediator training: Northwestern University: Mediator Skills Training Course graduate certificate; CPR International Institute for Conflict Prevention & Resolution: Advanced Mediator Training: (www.cpradr.org) and numerous other mediation training programs.
- FAA Licensed pilot with instrument rating and former plane owner
Current Employment Position
- Managing Partner