Patrick E. Deady, head of the firm'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 years in private practice. Mr. Deady is responsible for supervising the firm's labor, ERISA, health care and white collar defense litigation. Mr. Deady joined Hogan Marren in 1996.
Mr. Deady has conducted jury trials and bench trials, both 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 trades secrets violations and insurance coverage issues. Since joining the firm, Mr. Deady has successfully represented hospitals and health systems in antitrust matters, federal false claim act and whistleblower litigation, Medicare, Medicaid and insurance reimbursement disputes, breach of contract actions, age and sex discrimination claims, employment disputes and other commercial litigation. Mr. Deady is responsible for the firm's white collar criminal practice and represents 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. Most recently, Mr. Deady and the firm defended at trial and on appeal one of several Chicago City Hall employees charged in a hiring fraud scheme, Sorich v. U.S., 129 S. Ct. 1308 (2009). Mr. Deady has also represented contractors, labor organizations and pension and benefit funds in a wide range of matters involving jurisdictional disputes, contraction formation and collective bargaining disputes, in arbitration proceedings, in bankruptcy proceedings, ERISA collection and in alter ego actions, unfair labor practice charges and election petitions before the National Labor Relations Board and Illinois State Labor Board. As part of the firm’s state and local government practice, Mr. Deady also 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 local governments in a wide range of litigation matters.
Mr. Deady serves as a Senior Instructor in the Trial Advocacy Program at Loyola University of Chicago School of Law, is on the faculty of the National Institute of Trial Advocacy, and as an Assistant U.S. Attorney, was a regular instructor of the Attorney General's Advocacy Institute in Washington, D.C.
Mr. Deady served as President of the Board of Commissioners of the River Forest Park District and is now Vice-Chair of the Garfield Park Conservatory Alliance Board of Directors. He has served on a number of other public boards and commissions and on the boards of several not-for-profit organizations. Mr. Deady is a member of the Chicago Bar and American Bar Associations.
Mr. Deady was recently named Program Co-Chair for the annual Midwinter Meeting of the ABA’s Committee on the Development of the Law Under the National Labor Relations Act. Mr. Deady was also recognized by the ABA Labor and Employment Law Section and Bloomberg BNA for his contributions as an Associate Editor of the Developing Labor Law, Sixth Edition, published in 2012.
Patrick E. Deady comments on the Peterson trial
On Thursday, August 16, 2012, Pat Deady appeared on WBEZ’s Afternoon Shift to comment on the defense’s request and subsequent withdrawal for mistrial in the high profile Drew Peterson case currently being tried in Will County.
Hogan Marren Attorneys Establish MWRD Employees Right To Accrued And Prospective Deferred Compensation
On January 25, 2012, in a case filed on behalf of twenty-seven employees of the Metropolitan Water Reclamation District of Greater Chicago (“MWRD”), Cook County Circuit Court Judge Richard J. Billik held that the employees had an enforceable contract right to deferred compensation that could not be retroactively eliminated by an action of the MWRD Board in November, 2010.
Patrick E. Deady, Edward M. Hogan, Limo T. Cherian and Evan J. Haim filed the lawsuit in December, 2010 as a potential class action and obtained a temporary restraining order on behalf of those named plaintiffs most severely impacted by the MWRD decision to eliminate these deferred benefits. Prior to November, 2010, non-represented employees of the MWRD received up to 30 days of pay upon termination for twenty years of service and had the right to accumulate up to 120 days of sick leave, which would be paid out on a two-to-one basis upon retirement. The MWRD Board’s November, 2010 action sought to eliminate these accrued benefits for any current employee who did not voluntarily resign by December 31, 2010, and provided that no MWRD employees would accrue any future termination or sick leave incentive pay after January 1 2011.
In his January 25, 2012 ruling, Judge Billik held as a matter of law that the policies, directives and the Employee Handbook of the MWRD established a contract with those plaintiffs who had worked and accrued the deferred benefits prior to the implementation of the new policy on January 1, 2011. The Court also found that the District’s June, 2011 action 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 employment agreement. The Court held these pre-1994 plaintiffs had an enforceable right to future accruals of these benefits until they agreed to a modification of the deferred compensation policy, in exchange for some monetary consideration.
For a copy of the Circuit Court’s January 25, 2012 Ruling, click here.
Mr. Deady often appears on Chicago Public Radio, Chicago Public Television, and other Chicago news media to discuss legal developments involving white-collar crime, public corruption and other aspects of federal prosecutions. Most recently, Mr. Deady appeared on Chicago Public Radio’s Eight Forty-Eight news magazine to provide a legal analysis of the jury's failure to reach a verdict in the federal corruption trial of former Illinois governor Rod Blagojevich and his brother Robert. Earlier, Mr. Deady had appeared on both Chicago Public Radio and Fox News Sunday to describe the impact of the U.S. Supreme Court's decision in Skilling v. United States on the Blagojevich trial then in progress. In Skilling, the Supreme Court restricted the scope of the honest services fraud statute, the statute providing the basis for nearly half of the charges against Mr. Blagojevich.
Hogan Marren 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 Courtâ€™s decision in Skilling. On August 5, 2010, the codefendants filed a joint memorandum contending that the improper jury instructions used in the 2006 trial were not harmless error. To read the joint brief, click HERE. The petitions are now pending before United States District Court Judge David H. Coar. Hogan Marren attorneys also represented McCarthy in the 2006 City Hiring fraud trial and on direct appeal to the Supreme Court.
Listen to Patrick Deady on CPR:
On March 1, 2011, Mr. Deady participated in a panel discussion at the ABA Committee on the Development of the Law Under the NLRA Mid-Winter Meeting, providing the union-side prospective on whether the NLRB should abandon the notice requirements of Dana Corporation, 351 NLRB 434 (2007), and return to the traditional recognition-bar doctrine first established by the Board in Keller Plastics, 157 NLRB 583 (1966). He and Nicholas Hudalla were the union-side co-authors to the paper, Let It Be – Should We Let It Be, or Revisit the Recognition Bar Doctrine.
On February 15, 2010, Mr. Deady participated with three other former federal prosecutors in a panel discussion of the potential impact of the U.S. Supreme Court’s pending review of the honest services fraud statute. The program “Whither Honest Services: The Future of Federal Public Corruption Prosecutions” program, sponsored by the Loyola University of Chicago School of Law, addressed how the Court’s review of the convictions of Conrad Black and Jeffrey Skilling and the pretrial rulings in the trial of a former Alaska state legislator could affect several high-profile cases in Chicago and future public corruption investigations and prosecutions.
On February 16, 2010, Mr. Deady and Edward M. Hogan conducted a Business Agents Training Session for the Chicago and Cook County Building and Construction Trades Council regarding jurisdictional disputes presented to the Chicago Joint Conference Board and under the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry.
Mr. Deady was one of the faculty at the National Institute of Trial Advocacy, Midwest Regional Trial Practice Program, held March 12-20, 2010 at Loyola University of Chicago School of Law.
In 2010, Mr. Deady was named an Associate Editor of The Developing Labor Law, published by the ABA Section of Labor and Employment Law and assisted in the preparation of the 2010 Cumulative Supplement published late last year. Since 2006, he has served as a Contributing Editor, assisting in the preparation of Chapter 24, Jurisdictional Disputes and "Featherbedding."