Legal Experience

Profile

Attorney with in-depth knowledge of complex issues related to appeals, commercial and complex litigation, and insurance coverage. Recognized as “Super Lawyer” by Illinois Super Lawyers and received AV (highest) rating by Martindale-Hubbell for 25+ years. Practice focuses on litigation in high exposure cases in diverse areas of the law.

Bar Memberships

Bar of United States Supreme Court • Bar of United States Courts of Appeals (2d, 3d, 5th, 7th, 8th, 9th, 10th, & 11th Circuits) • American Bar Association • Appellate Lawyers Association • Illinois State Bar Association • Northern District of Illinois Trial Bar • Chicago Bar Association

Summary of Legal Employment

Partner ~ Clausen Miller, P.C. ~ Chicago, IL (2008–Present)
Partner ~ Meckler Bulger & Tilson ~ Chicago, IL (2003–2008)
Office of the Illinois Attorney General ~ Chicago, IL (1995–2003)
    Chief (Public Interest Division) ~ (2000-2003)
    Chief (Special Litigation) ~ (2000–2003)
Partner ~ Martin, Craig, Chester & Sonnenschein ~ Chicago & Oak Brook, IL (1988–1995)
Partner ~ Jenner & Block ~ Chicago, IL (1982–1988)
Associate ~ Jenner & Block ~ Chicago, IL (1976–1981)
Law Clerk ~ Honorable Philip W. Tone ~ U.S. Court of Appeals (Seventh Circuit) ~ Chicago, IL (1975–1976)

Supreme Court Committee on Professional Responsibility

Appointed by Illinois Supreme Court, member since January 1, 2015, reappointed January 1, 2018

Summary of Appellate Experience

Orally argued cases in the Illinois Supreme Court, all five Illinois appellate districts, state appellate courts in New York, New Jersey, Iowa and California, and in the U.S. Courts of Appeal for the 2d, 7th, 8th, 9th, 10th, and 11th Circuits

Summary of Teaching Experience

Adjunct Professor (Insurance Law) ~ Loyola School of Law (2004–2015, 2017)
Adjunct Professor (Trademarks and Unfair Competition) ~ Chicago-Kent College of Law (1996)
Adjunct Professor (Pretrial Litigation) ~ Northwestern University School of Law (1990, 1991, 1993, & 1995)
Adjunct Professor (Advanced Trial Practice) ~ Loyola School of Law (1991 & 1992)
Adjunct Professor (Remedies) ~ Loyola School of Law (1978)
Adjunct Professor (Remedies II) ~ Chicago-Kent College of Law (1976)

Education

40-Hour Course on Mediation ~ DePaul College of Law Center for Dispute Resolution ~ Chicago, IL (2011)
Juris Doctor (magna cum laude) ~ Northwestern University Law School ~ Chicago, IL (1972–1975)
  • Honors: Recipient, Edwin C. Austin Scholarship; Member, Order of Coif
  • Northwestern Law Review, Executive Editor
Bachelor of Arts (Highest Distinction) ~ Northwestern University ~ Evanston, IL (1968–1972)
  • Major: Political Science; Minor: Economics
  • Honor: Phi Beta Kappa
  • Activities: President, Political Forum; Debate Team; Marching Band

Bar Association Activity

Illinois State Bar Association: Antitrust & Unfair Competition Section Council, Member (1987–1996);
Section Newsletter, Editor (1988–1993); Secretary (1992–1993); Vice Chair (1993–1994); Chair (1994–1995); Membership and Bar Activities Committee (1983–1985)
Chicago Bar Association: Federal Civil Procedure Committee Chair (1999–2000 & 1991–1992), Vice Chair (1998–1999 & 1990–1991), & Member (1989–2004); Antitrust Law Committee, Newsletter Editor & Executive Committee Member (1994–1998); Professional Responsibility Committee, Member (1998–1999); Commercial Litigation Committee Member (2003–2004); Insurance Law Committee, Member (2006–Present)
Chicago Council of Lawyers: Federal Courts & Judicial Evaluation Committees, Member (1991–1992)
American Bar Association: Litigation and Antitrust Sections, Member (1977–Present); Newsletter Subcommittee of the Pretrial Practice and Discovery Committee of the Section of Litigation, Chair (1993–2006); Newsletter Subcommittee of the State Antitrust Enforcement Committee of the Antitrust Section, Chair (1997–2000)
Appellate Lawyers Association: Member (2008–Present); Newsletter Committee, Member (2012–2015); Rules Committee (2014-present); Board of Directors (2015-17); Co-chair, Seminars Committee (2015-Present)

Professional/Community Activities

  • Lincolnwood 911 Commission (2010–2016)
  • Lincolnwood Plan Commission (2011–Present)
  • Evanston Zoning Board of Appeals, Member (1996–2002)
  • Evanston Community Cable Commission, Chair (1989–91) & Member (1986–1991)
  • Former American Arbitration Association Arbitration Panelist
  • Pro Bono Advocate for Indigent Clients
  • Toastmasters International, Former Member & Past President of Local Chapter
  • Abolition Institute pro bono counsel

Don’s Publications & Presentations

• Column titled “Insurance Matters” published about twice monthly in the Chicago Daily Law Bulletin since 2008; recent columns include the following:
  • Court construes coverage denial based on policy conditions as a rescission (Jan. 4, 2022).
  • Duty to defend for negligence held to apply to willful, wanton conduct (Dec. 21, 2021)
  • Errors-and-omissions sexual misconduct exclusion applied in case against school (Dec. 7, 2021)
  • Court extends liability protection to tenant as ‘co-insured’ for property coverage (Nov. 24, 2021)
  • Court fines against labor decline on ‘actual cash value’ payment (Nov. 9, 2021)
  • Insurer does not have to cover pilot in small airplane crash (Oct. 19, 2021)
  • ‘Honorable engagement clauses’ give arbitrators broad discretion (Oct. 5, 2021)
  • Insurer potentially liable for TCPA violations by claimed agents (Sept. 23, 2021)
  • Obligation found for allegations ‘straddling’ vicarious liability (Sept. 7, 2021)
  • Disclosure of umbrella policy not required by state statute (Aug. 24, 2021)
  • Insurer found to have no warranty liability to assignees of tort claim (Aug. 10, 2021)
  • Insurer bound by judgment in case it was not a party to (July 29, 2021)
  • Reimbursement owed to non-owner’s automobile insurer (July 13, 2021)
  • Coverage found for Biometric Information Privacy Act claim (June 15, 2021)
  • Subrogee fails to establish third-party beneficiary status of subrogor (June 1, 2021)
  • Despite granting dismissal, court still rules on subrogation issues (May 18, 2021)
  • No coverage for claim involving admin’s alleged sexual abuse (May 4, 2021)
  • Professional liability coverage allowed for insured’s not wrongful acts (Apr. 20, 2021)
  • Court finds no defense obligation for alleged statutory violations (Apr. 6, 2021)
  • Use of ‘maintain’ in insurance policy gives rise to factual dispute (Mar. 23, 2021)
  • Coverage for COVID business loss rejected by Illinois federal courts (Mar. 9, 2021)
  • High court enforces automobile exclusion for farm equipment (Jan. 26, 2021)
  • Court upholds insurer’s post-judgment interest obligation under policy (Jan. 12, 2021)
  • No business loss coverage because of pandemic closures (Dec. 15, 2020)
  • “Post Judgment Motions for Appeal,” live educational presentation for the Appellate Lawyers Association broadcast via Zoom (November 20, 2020)
  • “Quo Warranto, Mandamus and Prohibition,” Chapter 8, in IICLE volume on Chancery and Special Remedies (updated 2021, following 2009/11/13/17/21 editions)
  • “Principles of Contempt,” Chapter 2 in IICLE volume on Chancery and Special Remedies (updated 2021, following 2013/17/21 editions)
  • “How to Appeal Final Judgments in Ongoing Litigation,” 107 Illinois Bar Journal 36 (April 2019)
  • “Final Judgments in Non-Final Litigation,” presentation as part of the Advanced Appellate Practice Seminar hosted by the Appellate Lawyers Association (April 19, 2018)
  • “A Guide to Illinois Interlocutory Appeals,” 106 Illinois Bar Journal 42 (March 2018)
  • “Interlocutory Appeals,” presentation as part of the Advanced Appellate Practice Seminar hosted by the Appellate Lawyers Association (April 28, 2017)
  • “A Guide to Illinois Postjudgment Motions,” 105 Illinois Bar Journal 52 (March 2017)
  • “Enforcement of Settlements,” presentation to the Chicago Bar Association Insurance Law Committee Meeting (March 1, 2017)
  • “Federal Post-Judgment Motion Practice: Twenty-Five Questions and Answers You Should Know,” 59 For the Defense 26 (Defense Research Institute magazine) (Feb. 2017)
  • “Post-Judgment Matters,” presentation as part of a Fourth District Appellate Practice Seminar hosted by the Appellate Lawyers Association (October 5, 2016)
  • “Post-Judgment Motion Practice in Anticipation of Appeal,” presentation as part of the Advanced Appellate Practice Seminar hosted by the Appellate Lawyers Association (March 18, 2016)
  • “Enforcement of Settlements between Insureds and Claimants,” 35 Insurance Litigation Reporter 409 (West August 2013); related written presentation at ABA Tort Trial & Insurance Practice Section (February 2013) (cited in CE Design Ltd. v. King Supply Co., 791 F.3d 722, 725 (7th Cir. 2015))
  • “Lawyers can help fight modern-day slavery,” article/letter, Chicago Daily Law Bulletin (February 26, 2015)
  • “Overview of Antitrust Law for the Corporate Practitioner,” Chapter 6 in IILCE Business Law Series Volume III (2005/11/13)
  • “Additional Insured/Targeted Tender Issues” Series of CLE In-House Presentations to insurer clients, 2011 to present
  • “New Conflict of Interest,” Chicago Daily Law Bulletin (January 20, 2011)
  • “Prosecuting a Claim under the Illinois False Claims Act,” Chapter in IICLE Volume on Employment Termination (2002/11/13/18)
  • “Mediation Considerations on Appeal: Frivolous Arguments, Fee-Shifting and Interest,” CLE Presentation to insurer clients, 2011 to present
  • “Additional Insured Issues in the Construction Setting,” CLE Presentation to insurer clients, 2009 to present
  • “Coverage Issues Arising in the Context of Employee Injuries Giving Rise to Third Party Claims against Employers,” CLE Presentation to insurer clients, 2008 to present
  • “Initiating Insurance Coverage Litigation,” Chapter 14 (Co-Author), in New Appleman Insurance Law Practice Guide (Lexis 2007)
  • “Estates ruled off limits to Medicaid,” Reprint in the October 15, 2005 Edition of Council News, Published by the Northwest Suburban Estate Planning Council
  • “Consumer Protection: Enforcement in the United States and Japan,” 43 Journal of Research on Social and Economic Life 1 (June 2003) (Co-Authored with Koichi Hosokawa)
  • “Amendments to the Federal Rules of Evidence,” Program Speaker, CBA Continuing Legal Education Seminar on Federal Expert Witness Practice (November 1, 2000)
  • “The New Federal Local Rules and Current Developments in Federal Civil Procedure,” Program Moderator, CBA Continuing Legal Education Seminar (November 1, 1999)
  • “Smoke and Minors: Fee Awards to Government Plaintiffs in Tobacco Cases,” Program Speaker, ABA Annual Meeting (August 10, 1999)
  • “State and Federal Allocation of Enforcement Responsibility: Does a Market Allocation Agreement Exist? If Not, Should It?” Program Speaker and Moderator, ABA Section of Antitrust Law 47th Annual Spring Meeting (April 15, 1999)
  • “State Enforcement,” Chapter 9, in 1998 Annual Review of Antitrust Developments (Contributing Author), Published by the ABA Section of Antitrust Law as a Supplement to Antitrust Law Developments 4th (Spring 1999)
  • “Suing on Behalf of the State: A Parens Patriae Primer,” Co-Authored with Attorney General James E. Ryan, 86 Ill. Bar J. 684 (December 1998)
  • “Age Discrimination and Reasonable Non-Age Factors,” 23 Notre Dame J. College & Univ. Law 1 (Summer 1997)
  • “Exemptions and Defenses,” Chapter 3; “The Corporate Opportunity Doctrine and Fiduciary Duties of Corporate Officers and Directors,” Chapter 11; and “Commercial Bribery,” Chapter 16, in IICLE Volume on Antitrust and Unfair Competition (June 1996), and 1998 Supplement (December 1998); General Editor of the Entire Volume
  • “Post Judgment Practice Changes: Traps for the Unwary,” Speaker, CBA Seminar Hosted by the Federal Civil Procedure Committee, Seminar titled “Current Developments in Federal Civil Procedure” (May 1996)
  • “Consumer Fraud: Applications & Enforcement,” Program Moderator, CBA-Sponsored CLE Education Seminar (May 1996)
  • “Innovation Markets: A New Frontier for Antitrust,” Program Moderator, CBA seminar hosted by the Antitrust Law Committee (March 1996)
  • “Changes — New and Proposed — in the Federal Rules of Procedure,” Printed in CBA Federal Civil Procedure Committee Reporter 2 (January 1996); 8 DuPage County Bar Association Brief 36 (February 1996); 7 ABA Committee on Pretrial Practice & Discovery Newsletter 15 (March 1996)
  • “Reducing Your Liability,” 8 Aberdeen’s Magazine of Masonry Construction 413 (August 1995)
  • “Regulated Industries and the State Action Doctrine,” Speaker, ISBA Antitrust and Unfair Competition Spring Symposium (May 1992); Related Article Published in 30 Antitrust & Unfair Competition Law Newsletter 1 (June 1992)
  • Commentary on Proposed Amendments to the Federal Rules of Civil Procedure Promulgated by Judicial Conference of the United States, adopted by The Chicago Bar Association Board of Managers and Sent to the Judicial Conference (January 1992)
  • Commentary on Interim Report of the Committee on Civility of the Seventh Federal Judicial Circuit, Adopted by The Chicago Bar Association Board of Managers, and Sent to Seventh Circuit Committee (October 1991); Moderator of Related Panel Discussion on Civility (July 1991)
  • “Antitrust Restrictions on Managed Care Arrangements,” Speaker, ISBA Antitrust Spring Symposium (May 1991); Related Article Published in 30 Antitrust & Unfair Competition Law Newsletter 5 (October 1991)
  • Commentary on Proposed Amendments to Local Rule 3, Pertaining to Admission to Trial Bar, Adopted by Chicago Bar Association Board of Managers and Sent to Federal District Court (April 1991)
  • “The Illegal Loan That Was Never Made: Is It Still Illegal?,” 76 Illinois Banker 14 (March 1991)
  • “Tying By Financial Institutions: Once Commitment Is Made, Refusal to Make Tying Loan Is No Defense to Liability,” 29 ISBA Antitrust & Unfair Competition Law Newsletter 1 (December 1990)
  • “Developments in Private Lanham Act Cases and Legislation,” Speaker, ISBA Antitrust Spring Symposium (May 1990)
  • “When the Feds Come A Knocking,” 74 Illinois Banker 16 (July 1989), Reprinted in Kansas Banker 6 (September 1989)
  • “Personal Liability of Financial Institution Directors and Officers: Are You Protected?,” 6 Illinois Reporter 5 (March April, 1989)
  • “Personal Liability of Financial Institution Directors and Officers: Are You Protected?,” 74 Illinois Banker 24 (April 1989)
  • “Insecure Security,” 81 American Banking Association Banking Journal 77 (April 1989)
  • Handbook on Hazardous Waste Law and Its Impact on Secured Lending Transactions (August 1988)
  • Handbook on Lenders’ Liability (June 1988)
  • “Influencing ‘Private’ Legislation: The Split Widens Over Application of Noerr Pennington,” 26 ISBA Antitrust Law Newsletter 4 (December 1987)
  • “Municipal Antitrust Liability: New Federal and State Limitations” and “Follow Up,” 74 Ill. B.J. 345 (March 1986) and 74 Ill. B.J. 228 (January 1986)
  • “Petitioning Foreign Governments: The Act of State and Noerr Pennington Doctrines,” 15 Ga. J. Int’l. & Comp. L. 205 (1985)
  • “Law and Equity, The Right to a Jury Trial, and Equal Protection,” 70 Ill. B.J. 376 (February 1982)
  • “Civil Courts, Church Property, and Neutral Principles: A Dissenting View,” U. Ill. L.F. 543 (1975)
  • “Criminal Conspiracy in the New Criminal Codes,” 68 Nw. U.L. Rev. 851 (1974)
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