Biography

R. Michael McCann is a partner of Williams Montgomery & John Ltd. and a member of the firm’s commercial litigation, professional liability and insurance coverage practice groups. He focuses his practice on commercial litigation, including professional liability defense, and on the representation of insurance companies in bad faith lawsuits.

Mr. McCann has represented individuals and businesses as defendants and plaintiffs at both the trial and appellate level.

In the professional liability area, Mr. McCann has represented national, regional and local accounting firms. He has defended accountant clients against allegations of malpractice arising from all engagement levels. He has advised accounting firms on risk management, loss of client information, responses to civil and criminal subpoenas, and a range of other issues.

Mr. McCann also has defended real estate professionals such as real estate brokers and residential and commercial appraisers against allegations of malpractice, and in disciplinary actions before the Illinois Department of Financial and Professional Regulation.

In addition, Mr. McCann has represented large and small insurance companies and insurance holding companies in litigation involving claims of bad faith, breach of contract and consumer fraud.

Mr. McCann worked as a claims specialist for two insurance companies during and prior to law school. He primarily handled professional malpractice claims against accountants and attorneys, as well as general liability claims. Prior to joining the firm in 2008, Mr. McCann practiced as an associate at Wildman, Harrold, Allen & Dixon LLP in Chicago, focusing on commercial litigation.

Education/Bar Admissions

Mr. McCann received a B.B.A. in finance, cum laude, in 1990 from Loyola University of New Orleans. He received his J.D. in 2001 from Loyola University Chicago School of Law, where he participated in the Loyola Business Law Center Clinic. Mr. McCann holds the Associate in Claims (AIC) professional designation.

Mr. McCann was admitted to the Illinois bar in 2001 and also has been admitted to the following federal courts:

• U.S. District Court, Northern District of Illinois
• U.S. District Court, Central District of Illinois

In addition, Mr. McCann has been admitted pro hac vice in various other jurisdictions.

Professional Activities

Mr. McCann is active in various professional and civic organizations, including the American Bar Association and the Illinois State Bar Association.

Representative Cases

Commercial Lease Matter, Circuit Court of Cook County, Ill.: Obtained $247,000 verdict serving as second chair in jury trial representing plaintiff seeking payment of amounts due under commercial lease.

Commercial Real Estate Matter, Cook County, Ill., Law Division, First District Court of Appeals: Obtained $416,000 verdict as solo trial counsel representing plaintiff seeking recovery on participating note from real estate developer. Verdict affirmed on appeal.

General Commercial Matter, Circuit Court of Rock Island County, Ill.: Obtained $2 million verdict as part of trial team representing plaintiff against manufacturer/supplier of defective component parts of escalators.

Real Estate Class Action, Circuit Court of Cook County, Ill.: Obtained favorable settlement for real estate property manager in class action filed by former tenant claiming violation of Chicago Residential Landlord Tenant Ordinance.

Landlord-Tenant Matter, Circuit Court of Lake County, Ill.: Obtained $23,000 verdict as solo trial counsel representing landlord in forcible entry and detainer action against commercial tenant.

Professional Malpractice Matter, Circuit Court of Cook County, Ill.: Obtained summary judgment in favor of defendant accountant against claims of malpractice arising from alleged self-dealing by plaintiff’s investment advisor.

Professional Malpractice Matter, U.S. District Court, Northern District of Illinois: Reached favorable settlement for national accounting and consulting firm in lawsuit brought by trustees and beneficiaries of ERISA plan alleging malpractice and breach of fiduciary duty.

Insurance Coverage Matter, Cook County, Ill., Law Division, First District Court of Appeals: Achieved appellate victory for defendant insurance company in contract dispute over insurance coverage for $140,000 in medical expenses in light of policy exclusion. Handled matter solo through conclusion of appeal.

Insurance Class Action, Circuit Court of Cook County, Ill., Chancery Division: Currently represent large national insurance company and holding company in class action against former insured alleging breach of contract and bad faith. Lawsuit arose from denial of coverage for property loss.

Insurance Coverage Matter, U.S. District Court, Northern District of Illinois: Currently represent large national insurance company in lawsuit against general contractor seeking additional insured coverage for construction defects under policy issued to subcontractor.

Insurance Bad Faith Matter, U.S. District Court, Northern District of Illinois: Obtained dismissal in favor of defendant, a large national insurance company, in lawsuit claiming bad faith related to the handling of underinsured motorist claim.

Publications

Contributor, Accounting Liability Alert Newsletter, Harcourt Brace Publishers, 1998.

Speeches and Presentations

“Chicago Residential Landlords & Tenants Ordinance,” presented to CNA Insurance, 2008.

“Emerging Litigation Threats,” Selden, Fox & Associates, CPAs, risk management seminar, 2000.

“Emerging Litigation Threats,” Gleeson, Sklar, Sawyers & Cumpata, CPAs, risk management seminar, 1999.

Speaker on emerging risks, Idaho/Oregon Annual Risk Management Conference, Idaho Society of Public Accountants, Twin Falls, Idaho, 1997.

Roundtable speaker, Illinois Society of Certified Public Accountants risk management seminar, Chicago, Ill., 1996.