Civil Litigation
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Elizabeth B. Herrington (Beth) is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office. She focuses her practice on national complex corporate and commercial litigation. Beth has represented many U.S. and international companies in significant commercial and class action lawsuits, primarily involving fraud, trade secret theft, contract claims, tax, insurance, and trust/estate disputes. She has tried numerous lawsuits and arbitrations throughout the United States, and has first-chaired preliminary injunction hearings, class certification hearings, and state and federal appellate arguments. Beth also regularly assists clients in strategic planning issues and negotiating, mediating and resolving significant disputes. Beth has been highlighted in the Illinois Law Bulletin’s 40 Under 40 publication as ”a skilled attorney with the highest level of integrity“ who ”possesses an unusual ability to handle the multi-faceted aspects of complex litigation under difficult circumstances, while maintaining her focus and inspiring the confidence of her client.“ She was named as an Illinois Rising Star by Law & Politics for 2008 to 2010. The Legal 500 United States 2010 recognized Beth as one of the leading trade secrets litigators in the United States. Beth was selected by her peers for inclusion in The Best Lawyers in America 2013 for her work in the area of commercial litigation. Beth is admitted to practice in Illinois, Missouri, the U.S. District Court for the Northern District of Illinois and the U.S. District Court for the Central District of Illinois. She is also admitted to practice before the U.S. Court of Appeals for the Second, Seventh and Eleventh Circuits. Representative Experience National Tax Litigation: Beth is currently leading the defense of certain online travel companies in national tax litigation, which is pending in state and federal courts throughout the country, as well as in various administrative forums. Health Care Disputes: Beth has represented major health care insurance companies in a variety of complex matters. She recently first-chaired an arbitration on behalf of a health care trust in an arbitration brought by one of its member hospitals involving cross-claims for breach of contract and fiduciary duty claims. After a week-long arbitration, the arbitration panel found in the health care trust’s favor on all counts, awarding Beth’s client $5 million in damages, while denying the hospital’s $20 million counter-claim. Trust and Estate Litigation: Beth also plays a leading role in various trust and estate disputes. She has handled numerous significant matters to resolution, including a case in which she represented a trustee in a case brought by charitable beneficiary of Ruth Lily (an heir to the Eli Lily pharmaceutical fortune), alleging more than $100 million in damages for the alleged failure to diversify a trust portfolio. Because the case involved a matter of trust impression under a relatively new uniform law, the banking community watched it carefully. Beth helped the trustee obtain an important summary judgment in its favor, which was later affirmed on appeal. International Arbitration: Beth assisted in an important trial and victory in a baseball style arbitration before the AAA’s International Centre for Dispute Resolution setting sales targets under a marketing agreement between a domestic wine marketing company and an Australian alcohol beverage company. This case has important precedential value for the marketing company relative to its other suppliers, with whom it has entered nearly identical contracts. Insurance: Beth has litigated and tried numerous insurance disputes – for various major insurance companies in some cases and Fortune 500 policyholders in others. Boards and Memberships Beth is on the board of directors of the Children’s Memorial Hospital Foundation and the Women’s Board of the Goodman Theatre. She is also on the Board of Governors for the Seventh Circuit Bar Association and this year, served as a Co-Chair of the Annual Meeting for the Association. Beth is also a member of the American Bar Association, Illinois Bar Association, Missouri Bar Association and the Chicago Inn of Court.
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