Marcos Reilly

Partner

Chicago, IL

"I am equally comfortable litigating and negotiating, often combining both for the best results for my clients."

312-704-3779

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Marcos Reilly

Partner

Chicago, IL

"I am equally comfortable litigating and negotiating, often combining both for the best results for my clients."

312-704-3779

Email bXJlaWxseUBoaW5zaGF3bGF3LmNvbQ==

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About Marcos

With decades of experience, Marcos advises clients on employment and corporate governance issues and litigates business ownership, employment, contract, and other business disputes.

He handles cases involving intellectual property, non-compete agreements, trade secrets, shareholder and corporate disputes, health care, construction, fraud, unfair competition, and other business torts, as well as injunctive relief and equitable remedies.

Marcos has extensive experience in Illinois circuit courts, US District and bankruptcy courts, Illinois Appellate Courts, US Courts of Appeal, arbitration, and administrative forums, including hospital medical staff proceedings.

Areas of Focus

Industries:

- Construction;
- Healthcare

Services:

Experience

Successfully prosecuted counterclaim for injunctive relief based on breach of contract assigning "know-how" and other unpatentable intellectual property relating to the production of furfural (organic chemical) from cereal by-products.
Obtained summary judgment defending a $10M action against a closely held corporation providing communication services for the deaf resulting from a failed acquisition.
Obtained summary judgment defending an antitrust case against an electronic imaging service which was upheld on appeal, then tried malicious prosecution case to verdict and collected substantial damages from former plaintiff.
Successfully prosecuted trademark infringement suit for prominent Chicago-area food manufacturer and wholesaler, negotiated favorable settlement, and prosecuted two contempt-of-court motions after defendants violated stipulated injunction order.
Obtained reversal on appeal of trial court judgment in favor of plaintiffs; Illinois Supreme Court declined further review. Hinshaw defended declaratory judgment action by officers of hospital medical staff contending that medical staff bylaws constituted a contract under Illinois law and that therefore the hospital had no authority to set minimum professional liability insurance requirements without the medical staff’s agreement.

Obtained favorable settlement after disqualifying first proposed class representative and filing summary judgment motion. Hinshaw defended class action by shareholders of a bank holding company protesting a "squeeze-out merger" conducted to qualify for Subchapter S treatment and disputing the value placed on the stock for the forced sale.
Defeated class certification by obtaining ruling on the merits of the "representative claim and affirmed on appeal. Hinshaw defended bank against claim by commercial loan customer that charging fees for services of in-house counsel in connection with foreclosure and workout was fraudulent because counsel was paid a salary rather than an hourly rate, and this practice constituted the “unauthorized practice of law." Obtained dismissal based on the “market value” rule for legal charges and persuaded the court that there is no private right of action for "unauthorized practice of law," nor is it the unauthorized practice of law for a corporation to employ a licensed attorney.
Obtained dismissal of noncompete claim and summary judgment on trade secrets claim, defeated multiple attempts at injunction, and obtained reversal on appeal of a large proportion of a damages award for breach of fiduciary duty. Hinshaw defended action by manufacturer of plastics production machinery against a former sales manager for misappropriation of trade secrets, breach of fiduciary duty and breach of noncompete agreement.
Obtained dismissal of the claim against the bank. Hinshaw defended bank sued by customer wrongly identified as a bank robber based on police misinterpretation of bank employee’s statements, charged and held without bond for protracted period, but ultimately exonerated.
Obtained jury verdict of "not guilty" on the RICO claims, with a nominal award for breach of contract and settled remaining claims on favorable terms thereafter. Hinshaw defended consumer action against a moving company in which the attorney-plaintiff augmented her Carmack Amendment claim with intentional infliction of emotional distress and other state law theories, then escalated into a RICO claim making global fraud accusations against the mover and its estimating and claims- settlement practices.
Settled on favorable terms with former plaintiff’s bankruptcy trustee after summary judgment filing. Hinshaw defended a $200M UCC breach of warranties claim by purchaser of DC motors for inclusion in treadmills designed for home use after series of fires and Consumer Product Safety Commission recall. The primary issue was whether the component manufacturer, by providing engineering support to the customer, had effectively designed the customer’s product. Reached favorable settlement after trustee’s motion to strike affirmative defenses (includes laches and statute of limitations) was denied and summary judgment was denied. Hinshaw defended fraudulent conveyance action brought by bankruptcy trustee over the purchase of a mansion from the debtor.
Successfully defended suit by computer consultant against an Illinois hospital filed in the plaintiff’s home state (Florida) on jurisdictional grounds, defeating the argument that Internet contact makes physical location irrelevant for constitutional and jurisdictional purposes.
Obtained summary judgment and a sanctions order against plaintiff defending antitrust and racketeering suit by a competing medical services corporation against a hospital.
Successfully defended result on appeal and favorable settlement with employees followed. Hinshaw represented architects/engineers in 'sick building' claim by building owner and large group of employee/occupants. The jury found against the owner.
Obtained mandatory preliminary injunction on behalf of life insurance company to prevent creator of custom database from cutting off access in retaliation for insurer’s refusal to pay additional charges.
Defeated purported defenses of "fraud" and "violation of public policy" and obtained summary judgment. Hinshaw prosecuted a claim for wrongful dishonor of letter of credit issued to back an indemnification agreement entered into as part of a bank acquisition. The issuing bank had reversed its payment and withdrawn the funds from the plaintiff’ account after learning the underlying indemnity was for attorneys’ fees and sanctions imposed in bankruptcy litigation.
Settled on favorable terms after dismissal of some state law claims in the District Court and disposition of others by the Court of Appeals. Hinshaw defended substantial Carmack Amendment and state law claim at trial and on appeal. Influential decision regarding the preemptive effect of the Carmack Amendment on state law remedies.
Succeeded in reducing award substantially on appeal by disallowing lost profits on "associated devices" not embodying the patented technology. Hinshaw defended patent damages action by manufacturer of loading dock equipment and 25 of its sales representatives in District Court and Court of Appeals for the Federal Circuit, substituting for other counsel after liability finding. Seminal case on the limits of damages obtainable for patent infringement under the Panduit test.
Obtained verdict of zero damages in first trial despite entry of summary judgment on liability. Both rulings were reversed on appeal. Obtained reduced verdict in second trial, then settled on favorable terms. Hinshaw defended fidelity bond claim based on alleged "unidentifiable employee theft" of 271 tons of paper from paper converting facility, based solely on inventory comparison evidence.
Obtained dismissal of direct claims by condominium association, prosecuted counterclaim for balance of contract price and extra charges, prosecuted third party claim against sub-subcontractor. Settled on favorable terms, with payment to client, after substantial discovery and motion practice representing a stone installation contractor in complex, multiparty litigation arising from curtain wall leakage in high-profile high-rise construction project.

Recognition

The Best Lawyers in America®, Commercial Litigation, 2025 – 2026
Illinois Super Lawyers, 2015 – 2016
Leading Lawyers, Leading Lawyer, Commercial Litigation
Martindale-Hubbell, Distinguished® Peer Review

Credentials

Education

University of Michigan Law School, JD, 1986
Northwestern University, BA, 1983

Bar Admissions

Illinois

Court Admissions

US Court of Appeals for the Federal Circuit
US Court of Appeals for the Seventh Circuit
US District Court for the Northern District of Illinois, including Trial Bar
US District Court for the Central District of Illinois
US District Court for the Northern District of Indiana
US District Court for the Southern District of Indiana
US District Court for the Eastern District of Wisconsin

Languages

Spanish

Thought Leadership

Presentations

Panelist, "Joint Employment, Wage and Hour, and Other Legislative News," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
“Restrictive Covenant Workshop,” Hinshaw’s Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2012
“Primer on Restrictive Covenants,” Hinshaw’s Annual Labor & Employment Seminar in Hoffman Estates, October 2011

Blog Post

New Illinois House Bill Would Significantly Limit the Use of Restrictive Covenants in Employment Contracts, Jan 22, 2021

Event

26th Annual Labor & Employment Seminar, Thursday, October 27, 2022 | 9:00 a.m. – 5:15 p.m.

Insights for Employers Alerts

Press Releases

Interests

Did you know...

Outside of the office, Marcos likes to spend time with his family and friends, reading, and working out.

Thought Leadership

Presentations

Panelist, "Joint Employment, Wage and Hour, and Other Legislative News," Hinshaw's 26th Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 27, 2022
“Restrictive Covenant Workshop,” Hinshaw’s Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2012
“Primer on Restrictive Covenants,” Hinshaw’s Annual Labor & Employment Seminar in Hoffman Estates, October 2011

Blog Post