Daniel W. McGrath

Practice Focus
Daniel McGrath is an experienced trial lawyer, with more than 25 years of experience in the preparation and trial of products liability, toxic tort, environmental, construction and commercial litigation matters.

Mr. McGrath has substantial experience with mass tort and multi-district litigation (MDL), and is recognized for his ability to handle litigation in a variety of jurisdictions as well as in regional or national forums.
Representative Cases
Mr. McGrath's extensive client base, which includes long-time representation of several Fortune 500 companies, includes manufacturers, distributors, service firms and insurers. His experience with these clients is illustrated as follows:
  • Product Liability and Commercial Disputes: Mr. McGrath represents numerous manufacturers, distributors and service firms in product liability and commercial matters. He counsels clients in the full spectrum of legal issues arising from product manufacturing and distribution, including development of product literature and labeling content, management of product recalls, and drafting of sales and distribution agreements and related contract documents.
  • Mr. McGrath serves as product liability counsel for manufacturers of food equipment, bakery equipment, food flavorings, heating/air-conditioning/ventilation equipment, aerospace products, glass, paints and coatings, chemicals, petroleum products, pumps, valves, electric motors, outdoor power equipment, farm equipment implements and fall protection equipment. He has successfully negotiated the settlement of numerous cases in addition to trying a variety of complex cases. Mr. McGrath deals with commercial disputes as well as property damage and personal injury matters.
  • Toxic Torts and Environmental Matters: Mr. McGrath defends manufacturers and other parties in property damage and personal injury claims and suits associated with toxic torts and environmental contamination. He deals extensively with chemical exposure, indoor air quality, mold and communicable disease claims and suits in commercial real estate, health care facilities, manufacturing plants, public buildings and school environments. He has considerable experience with ground water and soil contamination and the resulting issues of liability and remediation. He has defended clients in both actual and proposed class actions.
  •  Commercial and Construction Litigation: Mr. McGrath has counseled and represented clients in a variety of commercial and construction claims and suits, and breach of contract and warranty claims. He has drafted and negotiated contracts, sales and supply agreements, warranties, and employment agreements.
  • Mr. McGrath’s litigation and trial practice also includes professional liability and commercial matters, including directors and officers liability suits, business torts, labor disputes, common law fraud and misrepresentation suits and employment litigation matters.
Professional Background
Mr. McGrath is active professionally. He is a member of the Defense Research Institute, Federation of Defense and Corporation Counsel, Illinois State Bar Association (sections of civil practice and procedure, civil and tort law, and product liability), the Illinois Association of Defense Trial Counsel and The Society of Trial Lawyers of Chicago.

In April 2008, Mr. McGrath was appointed to the Defense Research Institute Climate Change Litigation Task Force where he serves as its Vice Chair. He served as Program Chair of DRI’s 2006 and 2007 Toxic Tort & Environmental Law Seminars, and is a past chairperson of DRI’s Toxic Tort and Environmental Law Committee's Chemical and Solvent Exposure Substantive Law Group.

In 2005, 2007 and 2009, Mr. McGrath was named to the Super Lawyers list in the area of Business Litigation by Illinois Super Lawyers magazine. He was included in the April 2008 and March 2009 Super Lawyers – Corporate Counsel Edition.

He has been recognized by his peers as a Leading Lawyer in the categories of Class Actions/Mass Tort Defense Law, Toxic Torts Defense Law and Personal Injury Defense Law: Products Liability. In addition, Mr. McGrath holds the AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethics and legal ability.

Mr. McGrath joined Hinshaw & Culbertson LLP in June 1982. He was, when a non-equity partner, selected by his peers at the firm to be its first elected representative serving on the firm’s Executive Committee. He has served on the firm’s associate evaluation committee, other management committees, and as an instructor in the firm’s training program for associate attorneys, Hinshaw University.

Mr. McGrath is chair of Hinshaw’s Toxic Tort Specialty Group and a member of the firm’s Executive Committee.
Publications and Presentations
Mr. McGrath frequently speaks to organizations and clients on various issues. His publications and presentations include:
  • “Food Industry Respiratory Cases are Popping Up All Over,” Defense Research Institute seminar “Toxic Torts and Environmental Law,” Phoenix, Arizona, March 2009.
  • “Diacetyl and Food Flavoring Litigation,” paper and presentation, Hartford Insurance Company Complex Claims Group, Hartford, Connecticut, January 2007.
  • “State of the Art – Who Knew What and When,” paper and presentation, Mealey’s Benzene Litigation Conference, Marina del Rey, California, June 2006.
  • “Guideline for MDL Litigation,” paper and presentation, Hartford Insurance Company Complex Claims Group, Hartford, Connecticut, December 2004.
  • “Construction Defect Litigation and Mold - The Contractor's Perspective,” paper and presentation, Annual Meeting of the International Association of Defense Counsel, Whistler, British Columbia, Canada, July 2002.
  • “Defense of Indoor Air Quality and Mold Claims,” paper and presentation, Consumer Specialty Products Association, Annual Meeting, Ft. Lauderdale, Florida, December 2001.
  • “Product Liability and Intellectual Property Law in the United States of Americafor Electronic Videogames,” paper and presentation, Sumitomo Insurance Company, Chicago, Illinois, 1996.
  • “Procedural Issues: Pleadings and Discovery in Toxic Tort Cases,” paper and presentation, Chicago Bar Association Continuing Legal Education Seminar, Chicago, Illinois, 1994.
  • “Evaluation and Defense of Spinal Injuries,” paper and presentation, Pekin Insurance Company, Chicago, Illinois, 1994.
  • “Trial of a Product Liability Suit,” paper and presentation, CNA Insurance Companies, Chicago, Illinois, 1990.
Community Service Activities
Mr. McGrath is active in civic activities. He served as a member, director and officer of the Men’s Club of the Our Lady of Perpetual Help Church, Glenview, Illinois and is a director of the Our Lady of Perpetual Help School Endowment Fund. Additionally, Mr. McGrath has served as co-chair and chairperson of Loyola Academy’s Ramble Fundraiser in Wilmette, Illinois. He is an active volunteer at Misericordia, a care provider to children and adults with developmental disabilities in Chicago, Illinois.

Mr. McGrath has served as President of the Golf Acres Community Association of Glenview, Illinois, for the past six years.