Lise T. Spacapan

Partner
Chicago,  IL  U.S.A.
Phone312.526.1544

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Technology
  • Manufacturing & Transportation
  • Healthcare
  • Life Sciences & Pharmaceuticals
  • Manufacturing
  • Product Liability
  • Business Litigation
  • Toxic Tort
 
Contact InfoTelephone: 312.526.1544
Fax: 312.655.1501
http://www.huschblackwell.com/lise-spacapan/
 
University Vanderbilt University, B.S., 1979
 
Law SchoolHealth Law, DePaul University College of Law, L.L.M., 2014; DePaul University College of Law, J.D., 1984 Center for Intellectual Property Law & Information Technology, Advisory Board; DePaul Law Review , editor-in-chief
 
Admitted1984, Illinois; 1986, U.S. District Court, Northern District of Illinois; 1989, U.S. Court of Appeals, Tenth Circuit; 1990, U.S. Court of Appeals, Eleventh Circuit; 1992, U.S. Court of Appeals, Seventh Circuit; 2000, U.S. District Court, Northern District of Illinois (Trial Bar); 2003, U.S. District Court, Southern District of Illinois; 2009, U.S. District Court, District of Colorado; 2009, U.S. Court of Appeals, Fifth Circuit
 
Memberships 

Professional Associations and Memberships

American Bar Association, Litigation Section; Product Liability Practice Group; Newsletter Editor, 2001

•American Bar Foundation, Life fellow

•Chicago Inn of Court

•DRI, Voice of the Defense Bar, National Director, 2011-2014; Toxic Torts and Environmental Law Committee, Vice Chair, 2007-2008; Chair, 2008-2010; Corporate Counsel Roundtable, Program Committee, 2010-2014

•National Foundation for Judicial Excellence, Program Committee, 2010-2014

 
Biography

A member of Husch Blackwell's Technology, Manufacturing & Transportation and Healthcare, Life Sciences & Pharmaceuticals teams, Lise is a litigator with deep experience defending industrial and healthcare companies in courts throughout the country. Her clients often make or use chemicals, building and industrial products, prescription drugs, medical devices, automotive products, and herbicides and insecticides. She has represented clients in significant commercial and product liability lawsuits in Illinois, Indiana, Michigan, Minnesota, Missouri, Colorado, New York, Florida, Louisiana, Texas and Virginia. Many of her cases involve complex scientific or engineering concepts, which she simplifies for judge and jury. Lise drives toward results by partnering with clients through effective and efficient communication.

Lise's commercial litigation experience extends to contract, warranty and licensing disputes in a variety of business contexts, including chemical requirements contracts, automotive recalls, technology licensing, insurance coverage, qui tam and defamation actions. She has experience defending class action lawsuits and medical monitoring claims.

In the healthcare field, Lise represents pharmaceutical and medical device companies in mass tort and product liability litigation across the country. She has written extensively on issues related to health care fraud and abuse, most recently in Loyola University Chicago School of Law's Annals of Health Law. Lise earned her LL.M. in Health Law in 2014; her thesis analyzed some courts' tendencies to conflate environmental risk assessment with evidence of human disease causation.

Before joining the firm, Lise was a Partner at Jenner & Block and Kirkland & Ellis. She is active in the legal community and currently serves as National Director on the board of DRI, Voice of the Defense Bar and edits a 45-chapter book titled Product Liability Litigation: Current Law, Strategies and Best Practices.

Awards and Recognitions

Illinois Leading Lawyer, Class Action/Mass Tort Defense Law, 2004-2010; Products Liability Defense Law, 2004-2010; Toxic Torts Defense Law, 2004-2010; Top 100 Leading Women Lawyers, 2010; Top 100 Leading Women Business Lawyers, 2010

Illinois Super Lawyers, Personal Injury Defense: Products, 2009

•Martindale-Hubbell AV Preeminent

Experience

Product Liability/Toxic Tort

•Represented chemical company in class action, mass actions and individual cases in five jurisdictions arising from alleged personal injuries and environmental contamination caused by pesticides and dioxins. All matters dismissed in favor of client after motions on summary judgment and on pleadings. Cases involved federal appeals on the Class Action Fairness Act (CAFA) and other issues.

•Counseled chemical company in personal injury case seeking damages and medical monitoring for injury allegedly caused by exposure to a solvent, perchloroethylene. Obtained favorable Daubert ruling in U.S. District Court, Southern District of Illinois, barring the testimony of a neurologist and granting summary judgment for client.

•Represented major university hospital in whistleblower litigation arising from allegations of fraud in the implementation of the liver transplant program. Litigation was filed against the hospital in federal court (False Claims Act) and state court (employment). Federal litigation dismissed and state court litigation resolved by settlement.

•Represented pharmaceutical company in mass tort litigation involving a diabetes drug. Obtained a favorable ruling under Donaldson/Frye decisions in Illinois barring the testimony of two hepatologists and granting summary judgment for client.

•Represented utility company in multiple toxic tort cases, including a putative class action and individual injury claims, based on allegations of cancer caused by coal tar contamination.

•Member of national team that tried one of the largest class action cases involving silicone breast implants, lasting five months in Louisiana state court. Member of national coordinating counsel team in cases throughout the country. Worked with epidemiologists, immunologists, rheumatologists, pathologists and toxicologists.

•Represented pharmaceutical company in dozens of matters throughout the country alleging heart valve damage after consumption of a medicine that was withdrawn from the market. Favorable settlements and mediations in all matters.

•Represented manufacturer of commercial oven in case alleging personal injury as a result of an oven explosion.

•Represented manufacturer of plastic-lined piping system that allegedly failed, permitting hydrofluoric acid to spill into plant causing significant property damage. Settled after expert discovery.

•Represented chemical company in its defense of numerous suits alleging that a building product was defective and that client committed negligence and fraud in marketing the product. In two consolidated cases tried in federal court in Colorado, the jury returned a verdict in favor of client on all counts. The verdict was affirmed on appeal. Lead counsel on major mediation and arbitration regarding claims remaining after trial.

•Lead counsel for pharmaceutical company in case brought by plaintiff who ingested prescription drug and developed a debilitating movement disorder side effect. Allegations of failure to warn. Case settled on first day of trial.

•Represented gas company in a dispute regarding responsibility for remediation at the Denver radium Superfund site. Developed scientific and historical theories regarding the radioactive contaminants and processing operations at the site that extended over an 80-year period. Client won summary judgment in its favor.

•Represented chemical company in a lawsuit with its insurance carriers regarding coverage for environmental liabilities associated with approximately 300 plant and waste sites.

•Obtained summary judgment in a lawsuit brought by residents of a town in Minnesota who claimed personal injuries and property-value diminution from exposures through groundwater contamination and air emissions from a former wood-treatment plant.

•Represented supplier to automotive industry in product defect dispute involving major recall; analyzed commercial issues and potential safety implications. Mediated to favorable conclusion without litigation being filed.

•Represented manufacturer in steel industry in product defect disputer; analyzed technical and contract issues, including warranty and potential safety implications. Parties reached resolution without litigation.

Business Litigation

•Represented the National Futures Association in commodities class action alleging common law fraud and violations of the Commodities Exchange Act. After class discovery and briefing, the federal court for the Northern District of Illinois granted client's opposition to class certification on grounds that putative class members were not similarly situated, and common issues would not predominate under FRCP 23.Case affirmed on appeal.

•Represented client in insurance coverage dispute when insurance company refused to pay after mine collapse in Virginia. Jury awarded $25 million to client, which was affirmed on appeal.

•Defended chemical company in lawsuit alleging breach of requirements contract for failure to supply product. Case was favorably mediated after briefing on client's Daubert motion to bar plaintiff's expert from testifying to lost profit model.

•Represented corrugated paper manufacturer in favorable mediation of a contract dispute arising from the lease of computer systems used in production.

•Represented multinational electronics company as lead counsel in $55 million breach of contract/tortious interference lawsuit with a former Brazilian distributor and joint venture partner. Favorable settlement after discovery concluded.

•Represented electronics company in its defense of a $20 million breach of contract and fraud case brought by a paging company. Jury verdict in favor of client was affirmed on appeal.

•Represented company in a two-year trial involving a breach of contract/fraud dispute about the construction of a nuclear power plant. Case settled prior to judgment.

•Represented large finance company in a $150 million breach of contract/fraud dispute arising from a private label financing agreement.

•Represented airline in its dispute with Denver regarding the construction of a new airport in Denver. Partial summary judgment was obtained in favor of client, leading to a favorable settlement of remaining aspects of the case.

•Represented Federal Deposit Insurance Corp. (FDIC) and a large lending institution in a foreclosure/lender liability action. Summary judgment of $16 million was obtained in favor of the FDIC and was affirmed on appeal. Case against bank settled prior to trial.

•Represented manufacturing company in breach of contract and fraud action brought by an ex-sales representative. Case settled while client's motion for summary judgment was pending.

Business Insights

Business Insights

7.01.13 Prosecutions of Pharmaceutical Companies for Off-Label Marketing: Fueled by Government's Desire to Modify Corporate Conduct or Pursuit of a Lucrative Revenue Stream? Annals of Health Law, Loyola University Chicago School of Law, Volume 22, Issue 3
Article

1.25.13 International Arbitration, DRI Corporate Counsel Roundtable
Seminar

1.09.13 Second Circuit Holds Off-Label Drug Promotion May Be Constitutionally Protected Speech, The Voice
Article

1.01.13 Targeting Drug and Device Executives to Modify Corporate Conduct, In-House Defense Quarterly
Article

1.01.12 Product Liability Litigation: Current Law, Strategies and Best Practices, Practicing Law Institute
Article

7.15.11 Understanding Tort Law Impacts Created by Scientific Advances of Human Bio-Monitoring and Genetic Biomarkers, National Foundation for Judicial Excellence judicial symposium
Seminar Chicago, IL

7.15.11 Understanding Tort Law Impacts Created by Scientific Advances of Human Bio-Monitoring and Genetic Biomarkers, National Foundation for Judicial Excellence judicial symposium
Speaking Engagement Chicago, IL

1.20.11 Contingency Fee Plaintiffs' Counsel and the Public Good, DRI Corporate Counsel Roundtable
Seminar New York, NY

1.20.11 Contingency Fee Plaintiffs' Counsel and the Public Good, Defense Research Institute Corporate Counsel Roundtable
Speaking Engagement New York City, NY

8.01.09 Giving Voice to Corporate Members: DRI Enhances Partnership Between In-House Counsel and Defense Bar, For the Defense
Article

In The News

4.29.13 Litigation Attorney Lise Spacapan Joins Husch Blackwell From Jenner & Block

 
ISLN903536507
 


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Office Information

Lise T. Spacapan

120 South Riverside Plaza, Suite 2200
ChicagoIL 60606-3912




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