Heather J. Macklin

Shareholder

Heather J. Macklin

Location: Appleton

T: 920.750.5043

F: 920.996.0001

hmacklin@dkattorneys.com

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Assistant: Tina Panske

T: 920.750.5054

Education

  • J.D., University of Chicago
  • B.A., English (Writing) and Speech Communications, summa cum laude North Central College, Naperville, IL

Biography

For more than 20 years, Heather has focused her practice on commercial litigation. She has represented individuals, as well as businesses in a broad spectrum of industries, including contractors and manufacturers, financial institutions, luxury good retailers, real estate developers, closely held corporations, partnerships and publicly traded companies. Her clients have ranged in size from small start-ups to large global conglomerates and everything in between.

She has extensive litigation experience in a wide variety of legal disputes, including trademark and copyright infringement, breach of contract, breach of fiduciary duties, partnership disputes, non-compete agreements, real estate disputes, fraud and insurance coverage, compliance and internal corporate investigations.

Heather’s litigation practice is national in scope. Her experience has found her litigating in state courts throughout the United States, in numerous federal courts and in a variety of alternative dispute resolution forums, including mediation and arbitration. While she is licensed to practice in Wisconsin and Illinois, she has represented clients in many other states through pro hac vice admissions and a collegial working relationship with local counsel.

Heather understands that people and corporations would prefer to not engage in litigation, but sometimes litigation is unavoidable. When disputes do arise, she believes in a pro-active, focused and well-prepared strategy, designed with the goal of finding a practical and economic resolution, so her clients can quickly get back to their primary business and personal objectives. When early resolution cannot be achieved, however, she will diligently and aggressively represent her clients’ case and best interests.

Heather can also help businesses resolve disputes by serving as a neutral, third-party mediator. Mediation is a confidential process that is both economical and efficient. Parties who find themselves in a dispute are able to come together in a respectful manner to pro-actively address their differences while simultaneously exploring creative methods of resolution. Mediation allows parties to work together to develop solutions to situations that might otherwise become heated litigation battles. Heather’s years as a business litigation attorney, including her experience and training relating to alternative dispute resolution methods, give her a unique perspective that can help your business resolve issues that arise, without having to resort to expensive and time-consuming litigation.

Published Cases

Barack Ferrazzano Kirschbaum Perlman & Nagelberg v. Loffredi, 342 Ill. App.3d 453 (1st Dist. 2003)

Hayes Mechanical, Inc. v. First Industrial, L.P., 351 Ill. App.3d 1 (1st Dist. 2004)

Siegel v. Shell Oil Co., 256 F.R.D. 580 (N.D. Ill. 2008)

Gosmile, Inc. v. Levine, 81 A.D.3d 77 (App. Div. 1st Dep’t 2010)

Howmedica Osteonics v. Zimmer Inc., 461 Fed.Appx. 192 (3rd Cir. 2012)

Notable Representations

Negotiated policy limit settlement with insurer on behalf of a bank client, as the result of employee dishonesty.

Obtained injunctive relief on behalf of shareholders of a privately held financial institution to prevent shareholder squeeze-out.

Successfully defended oil company against breach of contract and product liability claims.

Leadership

Professional Activities

Admitted, Supreme Court of Illinois

Admitted, Supreme Court of Wisconsin

Admitted, Northern District of Illinois

Admitted, Eastern District of Wisconsin

Admitted, Western District of Wisconsin

Admitted, 2nd Circuit Court of Appeals

Admitted, 3rd Circuit Court of Appeals

Admitted, 7th Circuit Court of Appeals