- Antitrust/Competition Law
- Commercial Litigation
- White Collar & Government Enforcement
- Class Action
- Complex Litigation
- Investigations & Corporate Integrity
- Educational Institutions
- Insurance & Reinsurance
- Consumer Products & Retail
|University ||Miami University, B.S., Business Administration, magna cum laude|
|Law School||University of Texas Law School, J.D., with honors Order of the Coif, Texas Law Review- Associate Editor|
|Admitted||1990, Texas; 2003, Illinois; U.S. District Court, Eastern District of Texas; U.S. District Court, Northern District of Texas; U.S. District Court, Southern District of Texas; U.S. District Court, Western District of Texas; U.S. District Court, Northern District of Illinois (Trial Bar member); U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, Ninth Circuit|
American Bar Association (Antitrust and Litigation Sections)
Chicago Bar Association (Chair of Antitrust Law Committee 2011-2012; Vice Chair 2010-2011)
Illinois State Bar Association (Antitrust Section Council, Chair 2013-2014, Vice Chair 2012)
Chicago Women Antitrust Lawyers Network
State Bar of Texas
|Born||Cincinnati, Ohio, March 3, 1965|
Beth Fancsali is a partner in the Litigation Department of Edwards Wildman. She counsels and defends corporations in complex investigation and litigation matters covering antitrust, corporate compliance and governance, and other commercial subjects. Many of these matters extend across multiple jurisdictions, are brought as class actions, or are parallel to internal or government investigations.
•Counsel for CNA Insurance in nationwide multi-district class action and related tag-along cases alleging a nearly industry-wide customer allocation conspiracy among insurers and brokers in violation of the Sherman Act, the RICO statute, state antitrust statutes, and common law. CNA is one of just three insurers for which dismissal of all federal claims was affirmed on appeal. In re Insurance Brokerage Antitrust Litigation, 618 F.3d 300 (3d Cir. 2010).
•Successful defense of electrical product manufacturer in a multi-week arbitration proceeding brought by former distributor alleging conspiracy in violation of the Sherman Act, price discrimination in violation of the Robinson-Patman Act, wrongful termination of the distributorship, deceptive conduct in violation of Illinois and Tennessee consumer protection statutes, and other common law tort claims. The claimant sought than $10 million in damages, but was awarded nothing and ordered to pay all costs of the arbitration.
•Representation of companies in antitrust investigations by various state attorneys general, including investigations concerning whether industry participants engaged in unlawful group boycott and whether companies conspired to rig bids or allocate markets.
•Representation of leading manufacturer of hospital equipment in monopolization and attempted monopolization claims brought by competitor. This case raised novel theories of bundling and monopoly leveraging, in addition to tying and predatory pricing claims.
•Regular counseling of clients in various industries on antitrust issues relating to distribution, marketing, pricing, and compliance programs.
Investigations and Compliance
•Representation of company and individual responding to Federal Trade Commission Civil Investigative Demands about telemarketing sales rule.
•Representation of individual employee in United States Attorney investigation involving multi-national automobile manufacturer.
•Led internal investigation for Audit Committee of publicly traded company regarding anonymous allegations of conflicts of interest and misuse of corporate funds by company executive.
•Led investigation for non-profit corporation associated with public university regarding potential conflicts of interest, corporate structure, relationship to for-profit subsidiary and compensation practices.
•Conducted investigation for Special Committee formed by Board of Directors of publicly traded company in light of shareholder derivative suit against current and former officers and directors of the company.
•Conducted internal investigation for insurance company arising from internal “whistleblower” allegations.
•Representation of Chicago based company in investigation and competing civil lawsuits brought by and against the San Diego County District Attorney's Office and the Attorney General of California involving application and constitutionality of consumer protection statutes.
•Representation of individuals (including a target) in investigation by several federal government agencies and grand jury proceeding concerning accounting practices-no indictments issued.
•Internal investigation for school district concerning widespread media reports of fraud in alternative teacher certification program.
•Compliance program review and counseling.
•Representation of private equity company asserting complex fraud claims related to multi-million dollar loan to another company. This case includes complex inter-creditor issues surrounding the debtor's loans.
•Defended majority member of limited liability company in case alleging breach of contract and breach of fiduciary duty. This case involved indemnification issues under both the LLC agreement and an asset sale agreement by which the client obtained its interest in numerous entities.
•Defended Florida class action alleging violation of consumer protection and deceptive practices statutes, including trial and settlement based on court's award of less than 20 percent of damages sought.
•Defended manufacturer in arbitration proceeding brought by terminated distributor alleging contract and statutory claims and seeking $10 million in damages. Prevailed on all claims and arbitrator awarded all costs to client.
•Represented several retailers in multiple rounds of litigation alleging reverse false claims in connection with tax on sales and shipping charges for internet purchases. These cases involved novel issues and interim appeals to the Illinois appellate court and the Illinois Supreme Court.
•Defense of lawsuit by non-profit organization alleging violation of the Fair Housing Act and Americans with Disabilities Act concerning accessibility of 300 apartment properties nationwide.
•Achieved dismissal of Australian company from thousands of asbestos suits in landmark personal jurisdiction mandamus proceeding. CSR Limited v. Link, 925 S.W.2d 591 (Tex. 1996). Noted as one of the “three most important Texas cases in the area of personal jurisdiction” by O'Connor's Texas Rules - Civil Trials.
Before Edwards Wildman
Beth was a partner of Haynes and Boone, LLP in Dallas, Texas until she returned to her home state of Illinois in 2003 and joined the legacy firm of Wildman, Harrold, Allen & Dixon, LLP.
Besides Edwards Wildman
Beth rides and shows Morgan horses that have won world, national and regional titles. Since childhood, her horses have proven to be an effective respite whether she is simply spending time at the barn or competing across the country. Beth is a Trustee of The American Morgan Horse Institute and Vice President of The Jubilee Regional Championship Morgan Horse Show, both of which benefit educational and other charitable causes.
Insurance Brokerage Antitrust Litigation
In 2012 and 2013, Edwards Wildman lawyers with experience in Antitrust, Litigation, and Insurance served as counsel to the six insurance company defendants named in litigation filed by commercial insurance policy holders challenging contingent commission agreements between brokers and insurance companies, alleging claims under the antitrust and racketeering.
Writing for InsideCounsel, Beth Fancsali and Heather Harrison Analyze Attorney-Client Privilege in Mandatory Investigations
August 11, 2014
Edwards Wildman Duo Pens Article on Horse Cloning Suit and Minimizing Antitrust Risk in Association Rule-Making
Defining a Relevant Market? Better Get Your Experts Ready.
April 21, 2010
Edwards Wildman's Beth Fancsali Author Article on Antitrust Claims in the IL State Bar Association Antitrust and Unfair Competition Law Newsletter.
Edwards Wildman's Beth Fancsali Co-Authors Article on Relevant Markets in the Illinois State Bar Association Antitrust & Unfair Competition Law Newsletter
Edwards Wildman's Michael Dockterman and Beth Fancsali Author Article on Attorney-Client Privilege Waivers in The Corporate Counselor
Edwards Wildman's Beth Fancsali Co-Authors Article on Attorney-Client Privilege in Corporate Internal Investigations in The Corporate Counselor
Edwards Wildman's Beth Fancsali Co-Authors Article on Minimum Resale Pricing in Andrews Antitrust Litigation Reporter
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