Timothy M. McLean

Timothy M. McLean

Member

Tim McLean concentrates his practice in business counseling and commercial litigation.  In his practice, Mr. McLean works closely with his clients in developing pragmatic business and litigation strategies in order to provide them cost-effective legal services. 

Mr. McLean has a unique perspective in resolving business law issues in his dual role as a commercial litigator and a transactional lawyer.  He vigilantly seeks and obtains business resolutions in his commercial litigation cases.  When negotiating contracts for business transactions, he also has essential firsthand knowledge of the potential challenges in enforcing those contracts.

Practice Admissions, Affiliations, Memberships & Recognition

Admissions

  • Supreme Court of Illinois
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court and Trial Bar for the Northern District of Illinois

Affiliations

  • Board of Directors, Notre Dame Law School Association (2004 – Present)
  • Board of Trustees, Marmion Academy, Aurora, IL (2004-Present)
  • Past President, Annunciation Pastoral Council, Aurora, IL

Memberships

  • Member of the DuPage County Bar Association, Budget Committee and Civil Litigation Committee
  • General Counsel for the DuPage County Bar Association (2009 – 2011)
  • Member of the Kane County Bar Association and Founding Chairperson of the Kane County Business Law Committee

Professional Recognition

  • Named by West Suburban Living as a “Top Attorney in the Western Suburbs” in Closely and Privately Held Business Law (2013 – Present).
  • Named as a Top Lawyer in Illinois Leading LawyersSM rated “Highest in Ethical Standards & Professional Excellence” (2014 – Present)

Education

  • Juris Doctor, Cum Laude, University of Notre Dame (1988)
  • Bachelor of Arts, Magna Cum Laude, University of Notre Dame (1983)

Seminars/Articles

  • 1995 – Present:  Mr. McLean is a repeated presenter of seminars for clients and organizations regarding the avoidance of litigation and handling of employment discrimination and harassment claims
  • May, 2016:  Presented DCBA Seminar –-“Leadership, Training and Mentorship of New Attorneys”
  • April, 2013:  Conducted and Moderated KCBA Business Law Committee Annual Seminar — “Advising Businesses from the Cradle to the Grave”
  • November, 2012:  Presented KCBA Seminar — A Commercial Litigator’s Perspective on Drafting Enforceable “Boilerplate” Provisions
  • June, 2008:  Presented DCBA Seminar – “Enforcement of Attachment Proceedings”

Articles

  • September, 1987:  “Liability of Colleges and Universities Resulting from Student Alcohol Consumption”, Notre Dame Journal of College and University Law
  • March, 1987:  “Church Licensed Professors:  The Curran Controversy”, Notre Dame Journal of College and University Law

Representative Cases and Transactions

Representative Cases

Representative Appellate Cases:

  • 2011:  Trial court’s judgment granting lien priority of client’s mortgage affirmed on appeal, 409 Ill. App. 3d 420 (3d Dist. 2011)
  • 2010:  Six-figure judgment for landlord affirmed on appeal, 398 Ill. App. 3d 586 (2d Dist. 2010)
  • 2006:  Obtained reversal of trial court judgment against landlord on seven-figure lease termination claim, 365 Ill. App. 3d 621
  • 1999:  Obtained reversal of trial court judgment on six-figure title insurance claim against prior counsel, 308 Ill. App. 3d 819 (2d Dist. 1999)
  • 1999:  Obtained reversal of six-figure trial court verdict on property claim against prior counsel, 303 Ill. App. 3d 204 (2d Dist. 1999)
  • 1992:  Dismissal of six-figure claim against municipal client affirmed on appeal, 237 Ill. App. 3d 744 (2d Dist. 1992)
  • 1992:  Six-figure judgment and award of attorneys’ fees against Fortune 300 company affirmed on appeal, 962 F.2d 685 (7th Cir. 1992)

Representative Trial Court Successes:

  • Obtained $22,000,000+ settlement in shareholder dispute litigation
  • Obtained $8,000,000+ settlement in shareholder dispute litigation
  • Obtained $1,500,000+ judgment and award of attorneys’ fees in enforcing executive’s claims against Fortune 100 company
  • Defeated several seven-figure derivative actions and breach of fiduciary duty claims against shareholders and corporations
  • Defeated numerous six-figure mortgage and lien priority claims in title insurance matters
  • Successfully resolved numerous six-figure estate and guardianship claims
  • Defeated numerous injunction claims in cases involving covenants not to compete and trade secrets claims
  • Representative Transactions:
  • Completed numerous mergers, stock and asset sales & acquisitions of privately held businesses
  • Implemented management buyout plan and Phantom Equity Plan for $225,000,000+ privately held business
  • Completed voluminous commercial real estate sales, acquisitions and leases
  • Negotiated credit facilities and mezzanine loans for numerous clients
  • Negotiated voluminous purchase contracts, terms and conditions, distribution agreements, Master Service Agreements and related contracts