Fay Clayton

Experience

Ms. Clayton practices civil litigation for a wide range of clients ranging from major corporations to individuals in cases involving fraud, RICO, securities, general commercial matters, contract disputes, officer and director liability, class actions, employment, civil rights, professional liability, shareholder and partnership disputes, and trademark and copyright. Her decades of experience include numerous trials, appeals, mediations, and arbitrations in tribunals including the United States Supreme Court.  In one case, the Chief Judge of the United States District Court for the Northern District of Illinois called Ms. Clayton's trial work "impeccable" and praised her closing argument as "a masterpiece of Courtroom advocacy."

Before Robinson Curley & Clayton, where she has been a founding shareholder since 1989, she was a partner in Davis, Miner, Barnhill & Galland, and before that, a partner at Sachnoff, Weaver & Rubenstein (n/k/a Reed and Smith).

Notable Engagements

• EEOC v. WRS (N.D. Ill.).  Achieved $2.75 million settlement, together with ongoing injunctive relief, in race harassment case brought for eleven plaintiffs. 
• In re Motorola Inc. Securities Litigation (N.D. Ill.). Lead trial counsel to plaintiff class in case that settled for $190 million in April 2007.
• Allen v. International Truck & Engine Co. (7th Cir. 2004; S.D. Ind. 2006). Won $9 million settlement, plus ongoing injunctive relief, in racial harassment class action lawsuit that settled during trial. Won class certification ruling on Rule 23(f) motion in the 7th Circuit Court of Appeals after denial by lower court.
• Harley-Davidson Financial Services v. Bank of America (N.D. Ill. 2006). Represented plaintiff in trade secret misappropriation case that settled on confidential basis.
• Pawell v. Metropolitan Pier & Exposition Authority (N.D. Ill. 2004). Won $2.8 million jury verdict in gender-based discrimination, harassment and retaliation case.
• Feldheim v. Sims (Chancery Court, Cook County; Illinois Appellate, 2003). Represented stock exchange members in successful challenge to fairness of equity allocation in restructuring of Chicago Board of Trade into for-profit corporation.
• NOW v. Scheidler (U.S.S.C. 1993; 7th Cir. 1992; N.D. Ill. 1998). Lead counsel in class action RICO suit challenging unlawful conduct at reproductive health clinics. Won jury verdict after three-month trial, and nationwide injunction (prevailed in unanimous decision from Supreme Court, January 1994). Verdict ultimately reversed on extortion issue.
• Bastien v. AT&T Wireless Services (7th Cir. 2005; N.D. Ill.). Won dismissal in trial court and affirmance on appeal in case establishing applicability of federal preemption doctrine to wireless telecommunication consumer-fraud claim.
• AT&T Corp. v. Skynet (N.D. Ill.). Successfully represented telecommunications company in cyberpiracy lawsuit.
• Policeman and Fireman Retirement System of the City of Detroit v. Navigant Consulting, Inc.(N.D. Ill. 2000). Lead counsel for plaintiff class in securities fraud suit. Achieved $25 million settlement.
• Adams v. Jackson Hewitt, Inc. (Ill. Cir. Ct. 1997). Defended public corporation on class action consumer fraud claims.
• CalPERS v. Grace (S.Ct. N.Y.1995-1999). Co-lead counsel in shareholder derivative case, representing CalPERS; achieved favorable settlement including ongoing injunctive-style relief.
• In re Brand Name Prescription Drugs Antitrust Litigation (N.D. Ill. 1996). Successfully represented class representative-objector in opposition to settlement of antitrust case in a manner that would not have ended anti-competitive practices.
• Midstates v. AT&T Corp. (N.D. Ill. 1996). Successfully defended client in consumer class action suit.
• Buycks-Roberson v. Citibank (N.D. Ill. 1995). Represented plaintiff class in mortgage discrimination case, which settled on favorable terms.
• Ulane v. Eastern Airlines (N.D. Ill. 1983). Represented transgender pilot in discrimination case against airline. Won trial court judgment; ultimately settled in confidential arbitration.
• Resolution Trust Corp. v. Platt (S.D. Ill.). Represented RTC in suit for damages to failed thrift institution.
• In Re Energy Systems Equipment Leasing Securities Litigation (E.D.N.Y. 1982-1986). Served as co-lead counsel representing class of purchasers in securities fraud case; achieved settlements of $20 million after selection of jury and before verdict.
• McLendon v. Continental Can (3rd Cir.). Represented union members in nationwide ERISA class action suit resulting in settlement in excess of $400 million.
• Fisher Bros. v. Cerro Copper, Inc. (E.D. Pa. 1985). Represented defendant in antitrust class action lawsuit.
• Hollymatic Corp. v. Holly Systems, Inc. (N.D. Ill. 1984). Represented plaintiff and counter-defendant in trademark lawsuit.
• Jane Does v. City of Chicago (7th Cir. 1983; N.D. Ill. 1982). Successfully represented female victims of strip searches in civil rights class action suit against city police department. Won affirmance of lower-court's rulings on appeal.
• In Re Corrugated Container Antitrust Litigation (5th Cir.; S.D. Tex.). Represented plaintiff class in price-fixing case.
• In Re Cenco Incorporated Securities Litigation (N.D. Ill.). Represented plaintiff class in securities fraud suit that resulted in $18.5 million recovery.

Education

• IIT/Chicago-Kent College of Law, J.D., with High Honors (first in class), 1978 - Member, Law Review
• New College, Sarasota, Florida, 1967 (charter class member).

Bar Admissions

• State Bar of Illinois
• United States District Court for the Northern District of Illinois (including Trial Bar)
• United States Courts of Appeals for the Sixth and Seventh Circuits
• United States Supreme Court.

Memberships and Activities

• American Constitution Society, Chicago Chapter, Board of Advisors
• Lawyers' Committee for Civil Rights Under Law, Inc. (National), Washington, D.C.
• Board Member, 1997 - present
• Executive Committee, 2003 - 2007
• Employment Discrimination Project Support Committee
• Co-chair, 2007-2008
• Chair, 2009 - 2011
• Chicago Lawyers' Committee for Civil Rights Under Law, Inc.
• Board Member, 1983 - 2010
• President, 1996 - 1997
• Chicago Foundation for Women
• Board Member, 1993 - 1999
• Alumnae Council, 1999 - present
• The Chicago Network
• Member, 1992 - present
• Chicago Commission on Human Relations
• Hearing Officer, 1991 - present
• National Association of Securities Dealers (a/k/a FINRA)
• Arbitrator, 1989 - 2008
• Women's Issues Network
• Board Member, 1990 - 1995
• New College Foundation
• Trustee, 1987 - 1995
• The Fund for Justice, Inc.
• Board Member, 1987 - 1993
• Chair, 1989 - 1991

Awards and Recognitions

• The Edwin A. Rothschild Award for Lifetime Achievement in Civil Rights, to be presented at the Chicago Lawyers' Committee for Civil Rights Under Law, Inc.'s July 11, 2013 annual luncheon at the Palmer House Hilton.
• Selected as a "2013 Top Rated Lawyer" by American Lawyer Media and Martindale-Hubbell
• Included in the LexisNexis Martindale-Hubbell Bar Register of AV® Preeminent Rated Lawyers and Preeminent Women Lawyers (2012)
• Leading Lawyers Magazine Top 10 Women Plaintiff's Employment Lawyers in Illinois (2012)
• Leading Lawyers Magazine Top 100 Women Lawyers in Illinois (2008- 2010, 2012)
• Leading Lawyers Magazine Top 100 Women Business Lawyers in Illinois (2009-2010, 2012)
• Leading Lawyers Magazine Top 100 Women Consumer Lawyers in Illinois (2010, 2012)
• Leading Lawyers Magazine Illinois Women Leading Lawyers in practice of Civil Rights/Constitutional Law (2010, 2012)
• Leading Lawyers Magazine Illinois Women Leading Lawyers in the practice of Employment Law (2009, 2012)
• Leading Lawyers Magazine Illinois Women Leading Lawyers in the practice of Commercial Litigation (2008, 2010, 2012)
• American Constitution Society, The Ruth Goldman Award (2009)
• Leading Lawyers Magazine Top 50 Women Lawyers in Illinois (2006)
• Leading Lawyers Magazine Top 50 Women Business Lawyers in Illinois (2006-2007)
• Illinois Institute of Technology, Julia Beveridge Award (2007)
• Chicago Magazine (March 2002), one of "Chicago's 30 Toughest Lawyers"
• ACLU of Illinois, Edwin A. Rothschild Civil Liberties Award (October 2002)
• Today's Chicago Woman Hall of Fame (July 2002)
• Independent Voters of Illinois, "Legal Eagle" Award (July 1998)
• American Jewish Congress, Distinguished Leadership Award (January 1997)
• Anti-Defamation League, Abraham Lincoln Marovitz Civil Rights Award (February 1995)
• Illinois House of Representatives Certificate of Recognition (May 1994)
• Chicago-Kent College of Law, Law School Association Professional Achievement Award (1993)
• Chicago Lawyers' Committee for Civil Rights Under Law, Inc., Pro Bono Award (August 1993)
• HOPE Fair Housing, Inc., Hope for People Award (1991)
• ACLU of Illinois, Defense of Civil Liberties Award (September 1987)
• Named Illinois "Super Lawyer" in Business Litigation (2005-2013)
• Named as one of The Best Lawyers in America® in the practices of Commercial Litigation and Labor and Employment (2010-2012)
• Named as one of Chicago's Best Lawyers® in the practices of Commercial Litigation and Labor and Employment (2010- 2012)
• In a jury trial where she achieved a $2.9 million verdict for her client, the Federal District Judge described Ms. Clayton's adverse examinations as "impeccable" and her closing argument as "a masterpiece of courtroom advocacy." Her litigation victories include a unanimous United States Supreme Court ruling in a RICO case and record-setting recoveries in a securities matter involving tax-sheltered investments and in an ERISA case.

Publications and Presentations

Ms. Clayton has spoken and published on civil litigation topics ranging from RICO and complex litigation to gender issues and civil rights, and to trial and appellate practice, including:

• Greater Chicago Anti-Defamation League, Summer Associate Research Program, "Social Justice" (Speaker) (2009)
• Kaplan Higher Education Legal Department Retreat, "Public Interest Litigation for Corporate Lawyers" (Speaker) (2009)
• Ethical Humanist Society of Chicago, "Civil Rights Litigation" (Speaker) (2008)
• Personal PAC, "the Current Status of Reproductive Rights" (Speaker) (2007)
• John Marshall Law School, "Breaking the Glass Ceiling" (Panelist) (2007)
• Appleseed Fund for Justice, "Bridging the Gap" (Keynote Speaker) (2006)
• Planned Parenthood Illinois Action, "Perspectives on the Supreme Court" (Speaker) (2005)
• Chicago Foundation for Women, "A Conversation with U. S. Supreme Court Justice Ruth Bader Ginsburg" (Moderator) (2005)
• Illinois CPA Society, Business & Technology Show, "Legal Landmines: Employment Law for Non-Lawyers" (Speaker) (2005)
• Appellate Lawyers Association of Illinois, "Arguments at the U. S. Supreme Court" (Panelist) (2004)
• Chicago Humanities Festival, Mock Appeal in DiCaprio v. R.M.S. Titanic (Presenter with Dawn Clark Netsch) (2003)
• Illinois Human Rights Commission, "The Current Status of Agency Practice" (Speaker) (2003)
• ABA's Commission on Women in the Profession, "The Status of Women's Rights" (Panelist) (2003)
• AT&T Litigation Department, "Working with Inside Counsel" (Speaker) (2001)
• Cornell Law School, "Advanced Civil Procedure" (Guest Speaker) (2000)
• HOPE Fair Housing Center (Featured Speaker) (1999)
• "NOW v. Scheidler: Protecting Women's Access to Reproductive Health Services," 62 Albany L. Rev. 967 (1999)
• UCLA Law Faculty Rounds, "Applications of Civil RICO" (Luncheon Speaker) (1998)
• U. S. House of Representatives, Judiciary Committee, Hearings on FACE Act (1998)
• New College, Sarasota, Florida (Graduation Speaker) (1995)
• "RICO Reaches Non-Commercial Racketeers: NOW v. Scheidler," published in CIVIL RIGHTS LITIGATION AND ATTORNEYS' FEES HANDBOOK (Clark Boardman & Callahan) (1995)
• "The Supreme Court's Decision in NOW v. Scheidler," 18 Private Antitrust Litigation News (American Bar Association, Section on Antitrust Litigation Law) (August 31,1994)
• John Marshall Law School Fair Housing Seminar, "Race Discrimination in Mortgage Lending" (Speaker) (1993)
• "The Legality of the Chicago Nuclear Weapon Free Zone Ordinance," 17 Loyola Law Journal 553 (1986)

Ms. Clayton has also taught trial advocacy at the Mandel Legal Aid Clinic of the University of Chicago, Northwestern University College of Law, Loyola Law School, and the National Institute for Trial Advocacy.