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Patrick E. Deady

pat deady sm

Practice Areas

Litigation
Health Care
White Collar
Labor & Employment
State & Local Government

Shareholder
T: 312-946-1800
F: 312-946-9818
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Patrick E. Deady, head of Hogan Marren Babbo & Rose's litigation practice, brings an extensive civil and criminal litigation background to the firm with ten years of experience as a federal prosecutor and more than twenty-five years in private practice. Mr. Deady is responsible for supervising the firm's labor and employment, health care, commercial and white collar defense litigation. Mr. Deady joined HMBR in 1996.

More about Patrick Deady

Mr. Deady has conducted jury and bench trials in federal and state courts, and argued before the United States Courts of Appeals and the Illinois Appellate Courts, in a wide range of cases involving bribery, public corruption, civil rights conspiracy, securities fraud, commodities fraud, tax evasion, criminal and civil RICO violations, Medicaid fraud, insurance fraud, breach of contract, breach of fiduciary duty, Illinois trade secrets violations and insurance coverage disputes. Since joining the firm, Mr. Deady has represented the firm's hospital and health system clients in federal false claim act and whistleblower litigation, in antitrust investigations and in Medicare, Medicaid and insurance reimbursement disputes. He successfully defended Advocate Healthcare System in a $250 million antitrust claim brought by United Healthcare.

Mr. Deady brought his white collar criminal practice to the firm and continues to represent organizations and individuals in grand jury and regulatory investigations, administrative proceedings and trials arising out of inquiries into public corruption, financial misconduct and government fraud. He regularly represents organizations in investigations conducted by the offices of the inspector generals of federal and state agencies and the City of Chicago. Of particular note in his white collar practice, Mr. Deady and the firm defended at trial and on appeal one of several Chicago City Hall employees charged in a patronage hiring fraud scheme, Sorich v. U.S., 555 U.S. 1204 (2009).

Mr. Deady has also represented contractors, labor organizations and pension and benefit funds in a wide range of labor and employment matters involving jurisdictional disputes, contract formation and collective bargaining disputes, in arbitrations, bankruptcy proceedings, ERISA collection and alter ego actions, and in unfair labor practice charges and election petitions before the National Labor Relations Board and Illinois State Labor Board. Most recently, Mr. Deady was lead attorney in a successful class action lawsuit brought by employees of the Metropolitan Water Reclamation District of Greater Chicago challenging the District's illegal elimination of $38 million in deferred compensation.

As part of the firm's state and local government practice, Mr. Deady serves as the Village Attorney for the Village of Hillside, Illinois, consulting with the President, Village Trustees and Village staff on all municipal issues, and represents the Village and other units of government in litigation, in administrative proceedings, in inspector general investigations and as special counsel on a variety of matters.

Professional Memberships/Activities

In August, 2015, Mr. Deady became the union-side Committee Co-Chair of the ABA Section of Labor and Employment Law's Committee on the Development of the Law Under the NLRA. From August, 2012 to July, 2015, Mr. Deady served as the union-side Program Co-Chair for the Committee’s Mid-Winter Meeting.

In November, 2014, Mr. Deady was inducted into the College of Labor and Employment Lawyers as a Fellow in recognition of his sustained outstanding performance, integrity, dedication and excellence in the area of labor and employment law.

Mr. Deady has served as a Senior Instructor in the Trial Advocacy Program at Loyola University of Chicago School of Law and has been on the faculty of the National Institute of Trial Advocacy, Midwest Region. While an Assistant U.S. Attorney, he was a regular instructor of the Attorney General's Advocacy Institute in Washington, D.C.

Mr. Deady served as the President of the elected Board of Commissioners of the River Forest Park District and is now Vice Chair of the Garfield Park Conservatory Alliance Board of Directors, a nonprofit partner of the Chicago Park District. In the past, he has served on a number of other boards of not-for-profit organizations.

Mr. Deady is a member of the Chicago Bar and American Bar Associations and a Life Member of the National Association of Criminal Defense Lawyers.

Litigation Notes

HMBR Attorneys Obtain Specific Performance in Chicago Electric Car Charging Station Network Dispute

On September 24, 2013, the Honorable Elaine Bucklo granted partial summary judgment to HMBR's client, JNS Power & Control, Inc., ordering the client's competitors to specifically perform under an asset purchase agreement designed to transfer 219 electric vehicle charging stations which were part of a $1.9 million U.S. Department of Energy grant awarded through the City of Chicago.

The HMBR attorneys, Kelly McCloskey Cherf, Patrick E. Deady, Evan J. Haim and Nicholas Hudalla, obtained specific performance under the asset purchase agreement, while at the same time defeating the competitors' claims that the asset purchase agreement for the Chicago network was void and unenforceable based on a separate equity exchange agreement entered into between one competitor, Car Charging Group, Inc., and the original recipient of the Chicago grant, 350 Green, LLC.  The September decision of Judge Bucklo, obtained after granting JNS's motion to expedite the proceedings in June, awards to JNS all of the Chicago assets of 350 Green connected to the installation of the car charging stations which were part of the Chicago grant.  Judge Bucklo's decision can be read here. pdf button

HMBR Attorneys Certify A Class Action Lawsuit of 1,150 MWRD Employees Challenging The MWRD's Illegal Elimination of $38 Million In Deferred Compensation

On August 8, 2012, Cook County Circuit Court Judge Richard J. Billik, Jr. certified a class action on behalf of all 1,150 non-union employees of the Metropolitan Water Reclamation District of Greater Chicago ("MWRD"), a case first brought by twenty-seven employees to restore these employees' contractual rights to deferred compensation illegally eliminated by the MWRD Board of Commissioners in November, 2010.

Patrick E. Deady, Edward M. Hogan, Limo T. Cherian and Evan J. Haim filed the potential class action lawsuit in December, 2010 on behalf of the twenty-seven named plaintiffs and successfully enjoined the MWRD from implementing a new employment policy that eliminated all accrued deferred benefits effective January 1, 2011 for all non-union employees.  Prior to a November, 2010 action by the MWRD Board of Commissioners, all non-union employees earned up to 30 days of pay upon termination after twenty years of service and had the right to accrue up to 120 days of sick leave which would be paid out on a two-to-one basis upon separation.  The Board's November, 2010 action eliminated these accrued benefits for all current employees who did not voluntarily resign by December 31, 2010 and provided that after January 1, 2011, no MWRD non-union employees would accrue no termination pay or any sick leave pay in excess of 15 days.

On January 25, 2012, Judge Billik held as a matter of law that the policy directives and Employee Handbook of the MWRD established a contract with those named plaintiffs who had worked and accrued the deferred benefits prior to the adoption of their new policy effective January 1, 2011.  The court also found on January 25, 2012 that the District's actions eliminating the right to future accrual of these deferred compensation benefits was ineffective for any of the plaintiffs hired prior to November 2, 1994, the date the District first adopted and promulgated an Employee Handbook containing a specific disclaimer that the employment policies did not create a binding contract.  For a copy of the Circuit Court's January 25, 2012 ruling, click here. pdf button

The Court's August 8, 2012 ruling presents an opportunity to extend the January 25, 2012 ruling to the entire class of non-union employees.  HMBR estimates that the 1,150 non-union employees had accrued over $25 million in deferred compensation through December 31, 2012 and that the approximately 400 employees hired prior to November 2, 1994 had the right to the future accrual of termination and sick leave pay with the value of an additional $13 million in deferred compensation.  For a copy of the Circuit Court's August 8, 2012 ruling, click here. pdf button

HMBR Attorneys Challenge Honest Services Fraud Conviction

HMBR attorneys Patrick E. Deady, Edward M. Hogan, Kelly McCloskey Cherf and Michael Tecson are challenging the mail fraud conviction of former City of Chicago employee Timothy McCarthy in light of the U.S. Supreme Court's June 24, 2010 decision in Skilling v. U.S. restricting the scope of the honest services fraud statute used to convict McCarthy.  McCarthy and his codefendants, Robert Sorich and Patrick Slattery, filed post-conviction petitions in February, 2010 seeking to vacate their convictions, anticipating the Court's decision in Skilling.  The petitions are now pending before United States District Court Judge David H. Coar.  HMBR attorneys also represented McCarthy in the 2006 City Hiring fraud trial and on direct appeal to the Supreme Court.

News/Media

On November 5, 2015 Mr. Deady was one of four members in a panel discussing issue-spotting and client intake in whistleblower cases at the ABA Section of Labor and Employment Laws and the Annual Labor and Employment Law Conference in Philadelphia.

On August 5, 2015, the leadership of the ABA’s Section of Labor and Employment Law appointed Patrick Deady the Union and Employee Co-chair of the Section’s Committee on Development of the Law under the NLRA. Mr. Deady will serve a three-year term through the conclusion of the ABA Annual Meeting in August, 2018. Mr. Deady previously served as the Union and Employee Program Co-Chair of the Developing Labor Law Committee from August, 2012 to August, 2015 and has served as one of the Associate Editors of the BNA’s Developing Labor Law.since 2010.

On July 22, and 23, 2015, Mr. Deady appeared on WBEZ’s Morning Shift program and on WGN Radio’s The Download to discuss the federal appellate court’s decision vacating five of seventeen corruption convictions of former Illinois governor Rod Blagojevich.

On June 21, 2014, The Board of Governors of the College of Labor and Employment Lawyers elected Patrick E. Deady a Fellow. Election as a Fellow by the College is the highest recognition by one's colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence. It is bestowed by the College to attorneys who have practiced twenty years or more in the labor and employment field and whose qualifications have been thoroughly reviewed by the Board. For more information about the College, go to laborandemploymentcollege.org.

On June 6, 2014, Patrick E. Deady was appointed independent counsel for Stanley's Restaurant, L.P. in the case of Kevin Dowdle, et al. v. Meet & Potatoes, et al., 12 CH 17994, a derivative action brought by one limited partner against the general partner, the shareholders of the general partner and a related company in a dispute over the management and operation of Stanley's Kitchen & Tap, located at 1970 North Lincoln Avenue in Chicago. Mr. Deady was appointed independent counsel for the partnership by Cook County Circuit Court Judge Neil H. Cohen to ensure that the interests of the partnership were adequately protected in the dispute, which seeks an equitable accounting of the partnership and disgorgement of certain assets by the general partner.

On May 21, 2014, Patrick E. Deady and River Forest Township Supervisor Carla B. Sloan made presentations at the Township Officials of Cook County Spring Conference in Countryside, Illinois discussing River Forest Township's successful opposition to HB 4425, a legislative proposal that sought the elimination of the Township. Mr. Deady discussed the legal flaws in the proposed legislation which sought to force the dissolution of the Township and the transfer of Township services to the Village of River Forest by a binding referendum.

In April, 2014, Patrick E. Deady was hired by the Regional Transportation Authority (RTA) to represent the RTA, RTA Board members and certain senior staff in connection with an investigation of the RTA by the Illinois Office of Executive Inspector General.

On March 27, 2014, Patrick E. Deady was a guest on WBEZ's Afternoon Shift to discuss the decision by NLRB Chicago Regional Director Peter Sung Ohr finding Northwestern University scholarship football players employees under the National Labor Relations Act and directing a union election. To hear Mr. Deady's interview click here.

For the past ten years, Mr. Deady has regularly appeared in the local news media to discuss developments in a wide range of legal topics including white collar crime, public corruption, handgun control and labor and employment issues.  For example, in August, 2012, Pat Deady was interviewed on WBEZ's AfternoonShift concerning questionable defense tactics in the high-profile murder case of Drew Peterson then underway in Will County, Illinois. In November, 2011, he was a guest on WBEZ's Eight-Forty-Eight morning news magazine to discuss the significance of the conviction of William Cellini, the reputed Illinois "King of Clout." Mr. Deady was also involved in Eight-Forty-Eight's live coverage of the return of the jury's verdict in the first trial of former Illinois governor, Rod Blagojevich, in August, 2010, where the jury was unable to reach a verdict in all but one of the twenty-four corruption charges. In June, 2010, Mr. Deady appeared on Fox News Chicago to discuss the impact of the U.S. Supreme Court's decision in Skilling v. United States on the ongoing honest services fraud trial of former governor Blagojevich.  In May, 2010, Mr. Deady appeared on WTTW's Chicago Tonight news hour to discuss the impact of a surprise guilty plea by an associate of Antoin Rezko in the midst of Rezko's political corruption trial.  In September, 2005, Mr. Deady was a guest on WBEZ's Eight-Forty-Eight to provide a preview of the legal issues, evidentiary challenges and likely trial strategies on the eve of what turned out to be a five-month trial of former Illinois governor, George Ryan.

Publications/Presentations

Since 2012, Mr. Deady has served as an Associate Editor of The Developing Labor Law, published by the ABA Section of Labor and Employment Law. From 2004 to 2012, he served as a Contributing Editor, assisting in the preparation of the supplements of the chapter addressing jurisdictional disputes. For the past forty years, The Developing Labor Law, now in its Sixth Edition, has been the leading treatise on legal developments under the National Labor Relations Act, both before the National Labor Relations Board and in federal and state courts.

On November 5, 2015, Mr. Deady participated as a panelist at the ABA Section of Labor and Employment Law’s 9th Annual Labor and Employment Law Conference to discuss issue spotting and client intake in whistleblower cases. For Mr. Deady’s paper, click here. pdf button

On May 21, 2014, Mr. Deady addressed the Township Officials of Cook County Spring Conference with respect to the legal issues raised in River Forest Township's successful efforts to defeat HB 4425, a legislative proposal seeking to eliminate the Township.

On November 8, 2013, Mr. Deady was one of three former prosecutors asked to discuss the legal, ethical and practical issues confronting corporate counsel coordinating the investigation and resolution of criminal, civil and insurance claims associated with employee crime in the workplace. This panel discussion was part of the ABA's 7th Annual Labor and Employment Law Section Continuing Legal Education Conference held in New Orleans, LA.

Mr. Deady is frequently asked to speak on labor law issues at meetings of the ABA's Committee on the Development of the Law Under the NLRA, at the Annual Iron Workers Attorneys' Conference and before other organizations and associations. These presentations have included: Should We Let It Be, Or Revisit the Recognition Bar Doctrine (2011 ABA Developing Labor Law Mid-Winter Meeting); Levitz Furniture: On Its Last Legs or Already Knee Capped (2008 ABA Developing Labor Law Mid-Winter Meeting); Don't Bother Us With the Facts: The NLRB's View of Section 7 Rights and Consideration of National Security (2006 ABA Developing Labor Law Mid-Winter Meeting); Hiring Hall Rules and the Union Referral Process, (2004 Iron Workers International Attorneys' Conference); The September Massacre of the National Labor Relations Board (2008 Iron Workers International Attorneys' Conference); Jurisdictional Disputes In Disguise: The Continuing Challenges In A Unionized Construction Industry (2009 Iron Workers International Attorneys' Conference); Methods or Madness: Lessons Learned From the Last Local Board Standing (2012 Iron Workers International Attorneys' Conference); Recent Developments in Labor Law (2012 Illinois State Conference of the Operative Plasterers & Cement Masons International Association), Joint Conference Board Business Agents Training (2004-2013, Chicago and Cook County Building & Construction Trades Council); Joint Conference Board Arbitrators Training (2004-2012, Chicago and Cook County Building & Construction Trades Council); Illinois State Project Labor Agreement: Business Agents Training (2007 Illinois State Federation of AFL-CIO); Illinois State Project Labor Agreement Arbitrators Training (2007 Illinois State Federation of AFL-CIO).

On February 15, 2010, Mr. Deady participated with three other former federal prosecutors, Dan K. Webb, Daniel E. Reidy and Mark L. Rotert, in a panel discussion of the potential impact of the U.S. Supreme Court's pending review of the honest services fraud statute in Skilling v. United States and Black v. United States.  The program, Whither Honest Services: The Future of Federal Public Corruption Prosecutions, was sponsored by the Loyola University of Chicago School of Law.

Admissions

Illinois (1977)
District of Columbia (1980)
U.S. Supreme Court
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Northern District of Illinois
U.S. District Court, Northern District of Illinois (Trial Bar)
U.S. District Court, District of Maryland
U.S. District Court, Northern District of Indiana

Education

Loyola University School of Law (J.D., cum laude, 1977)

Marquette University (B.A., Journalism, 1972)