Barry MacEntee is a commercial litigator with experience in defending professionals, principally accountants and attorneys, in liability claims as well as handling fidelity and breach of contract litigation.
In his fidelity litigation practice, Mr. MacEntee handles claims arising out of financial institution bonds and employee dishonesty policies. His client representations include second-chairing a trial to verdict in the U.S. District Court for the Eastern District of Kentucky involving a $3 million claim on an employee dishonest policy.
Mr. MacEntee also handles breach of contract litigation and defends financial institutions in claims arising out of Articles 3 and 4 of the Uniform Commercial Code and the Uniform Fraudulent Transfer Act. Among his experience in this area:
- In 2005, he appeared before the U.S. Court of Appeals for the Seventh Circuit for oral argument on an appeal arising out of a $1 million UFTA claim against a Chicago area bank. Fidelity Nat. Title Ins. Co. of New York v. Howard Sav. Bank, 436 F.3d 836, 840 (7th Cir. 2006).
- In 2006, he appeared before the U.S. Court of Appeals for the Seventh Circuit for oral argument on an appeal arising out of an UFTA claim. He handled the case in the trial court, drafting the successful motion for summary judgment, and in the appellate court, co-authoring the briefs. The Appeals court affirmed the judgment in favor of Hinshaw’s client. MacDonald v. Estate of Gayton, 469 F.3d 1079 (7th Cir. 2006).
Mr. MacEntee has extensive experience in all aspects of pretrial litigation, including managing written discovery in complex, document intensive cases, taking fact and expert witness depositions, drafting motions to dismiss and motions for summary judgment, and handling settlement negotiations.
Additional representative cases he has been involved with include:
- Alden Town Manor v. Blackman Kallick Bartelstein LLP, no. 03 L 003253 (Cook County, Law Division). Summary judgment granted on plaintiff’s malpractice claim against an accounting firm.
- JK Manufacturing Co. v. Hyundai Motor Company et. al, no. 03 L 016092 (Cook County, Law Division). Summary judgment granted on plaintiff’s fraud and conspiracy claims against Hyundai.
- Kojis v. Equifax Credit Information Services et al., 2004 WL 1005664 (Northern District of Illinois). Terminating sanctions granted on plaintiff’s FCRA claim against a financial institution.
Mr. MacEntee joined Hinshaw & Culbertson in June 1999.
In 2011, Mr. MacEntee was named to the
Rising Stars list in the area of Professional Liability: Defense by
Illinois Super Lawyers magazine.
In the years 2003 through 2006, Mr. MacEntee has co-authored an annual article discussing developments in accountants’ liability law for the CNA Accountants-Lawyers Defense Network.
His presentations include:
- “Litigating the Manifest Intent Issue at Summary Judgment,” American Bar Association Fidelity & Surety Committee Mid-Winter meeting, New York, New York, January 2008.
- “Onerous Surety Bond Forms,” Cincinnati Insurance Company, Cincinnati, Ohio, Fall 2007.
- “Defending Claims for Counterfeit Coverage under Financial Institution Bonds,” DRI Fidelity and Surety Roundtable, Chicago, Illinois, Spring 2007.