• Posted on December 10, 2020

    Education

    • University of Illinois College of Law, Champaign, Illinois, 2001 J.D., Magna Cum Laude
    • Law Journal: The Elder Law Journal, Managing Editor
    • Boston University, Boston, Massachusetts, 1997 B.A., Cum Laude

    Associations & Memberships

    • Selected to SuperLawyers in Employment Law since 2019
    • Illinois State Bar Association
    • DuPage County Bar Association; 2014 Chair of Employment Law committee
    • Rotary Club of Central DuPage, Board Member, 2014 Rotarian of the Year

    Admissions

    • Illinois

    Brian K. LaFratta, a Senior Director with the Firm, focuses his practice on all areas of employment law, including employment litigation, employment contracts and covenants not to compete, and employment law counseling and compliance issues. In addition, Brian counsels employers on compliance with employment laws, prepares employment and non-compete agreements, drafts employee handbooks, and conducts employment law training. He also represents buyers and sellers with respect to employment law issues arising out of mergers and acquisitions. Brian represents employers in federal and state courts in discrimination, harassment, retaliation, wage and hour, and breach of contract lawsuits. He also represents both employers and employees in non-compete and trade secret litigation, including TRO and preliminary injunction proceedings. He routinely defends employers before the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights (IDHR).

    Following his graduation from the University of Illinois College of Law, Brian began his career in the employment law group of Winston & Strawn. Prior to joining Huck Bouma PC in 2011, he worked at the national employment law firm of Fisher & Phillips.

    Brian has been a Wheaton resident since 2002. In his free time, Brian enjoys exercising, reading and spending time with his wife and two very active children.

    Speaking Engagements:
    Brian speaks on employment law topics for trade groups and business associations.

    Bar Admissions:
    State of Illinois Bar
    U.S. District Court for the Northern District of Illinois
    U.S. District Court for the Central District of Illinois
    U.S. District Court for the Southern District of Illinois
    U.S. Court of Appeals for the Sixth Circuit
    U.S. Court of Appeals for the Seventh Circuit
    U.S. Court of Appeals for the Ninth Circuit
    U.S. District Court for the Northern District of Indiana


  • Posted on December 9, 2020

    Education

    • Loyola University, Chicago, Illinois, 1995
      Business Administration
    • The John Marshall Law School,
      Chicago, Illinois, 2005,
      Juris Doctor
    Associations & Memberships
    • Member of the Trial Bar for the Northern District of Illinois
    • Du Page County Bar Association
    Admissions
    • Illinois
    • Wisconsin
    • United States District Court, Northern District of Illinois
    • United States Bankruptcy Court, Northern District of Illinois
    • United States District Court, Central District of Illinois
    • United States Bankruptcy Court, Central District of Illinois
    • United Sates District Court, Southern District of Illinois
    • United States Bankruptcy Court, Southern District of Illinois
    • United States District Court, Western District of Wisconsin
    • United States Bankruptcy Court, Western District of Wisconsin
    • United States District Court, Northern District of Indiana

    Eric J. Malnar is a senior Director in the Litigation Department, focusing his practice principally on commercial litigation including foreclosures, workouts and debt restructurings, real estate, and employment practices claims.

    Mr. Malnar represents manufacturers, real estate developers, financial institutions, insurance companies, and entrepreneurs in a broad range of matters including breach of contract, complex commercial litigation, bankruptcy, breach of fiduciary duty, franchise litigation, real estate litigation and title insurance disputes, regulatory litigation, shareholder disputes, intellectual property, trademark and copyright, consumer fraud, securities litigation, legal malpractice, class action, and trade secrets litigation.

    Prior to joining Huck Bouma, Eric was a partner at the Chicago law firm of Quintairos, Prieto, Wood & Boyer, P.A.

    Commercial Litigation:
    Mr. Malnar has researched, drafted and successfully argued numerous dispositive motions and has conducted numerous depositions in support of dispositive motions. His experience includes drafting briefs before the Illinois Appellate Court and the Seventh Circuit Appellate Court, and prosecuting high-dollar amount collection matters; in this area, a sample of his experience includes:

    • Breach of contract, first chair trial before Cook County Circuit Court.
    • Favorable settlement obtained in a multi-million dollar equipment finance case spanning claims for fraud, conversion, and breach of contact.
    • Prosecuted a case against a labor union in federal court on behalf of an employer which resulted in a favorable settlement.
    • Favorable settlement in mechanics lien matter covering three Illinois counties and 40 different properties.
    • Favorable settlement in contested matter before the Illinois EPA.

    Bankruptcy Litigation:
    Successfully represented numerous defendants in Adversary Proceedings for avoidance and fraudulent transfer claims.

    • Second chair trial experience in Adversary Proceeding resulting in dismissal of all claims.
    • Successfully argued motions for lifting of automatic stay and objection to dischargeability.
    • Represented retiree committees in multiple, large-scale bankruptcies.

    Intellectual Property:
    Mr. Malnar has successfully prosecuted numerous claims for trademark and copyright violations including:

    • Defending a publisher against trademark violations resulting in dismissal of all claims.
    • Complaint and temporary restraining order in Texas Federal Court for trademark and copyright violations resulting in favorable settlement.

    Employment Law:
    Representation of healthcare providers in claims regarding non-compete agreements and tortious interference.

    Real Estate Litigation / Title Insurance Services:
    Successfully defended homeowners from large claim for fraud and violation of the Illinois Real Estate Disclosure Act.

    • Breach of contract case involving large residential real estate resulting in victory for client including possession, monetary damages and attorneys’ fees.
    • Successfully represented Title Insurance clients for claims ranging from foreclosure, reformation and equitable subrogation.

    Banking and Lending Litigation / Services:
    Represented financial institutions with respect to Loss-Share Agreement and Financial Institution Reform, Recovery, and Enforcement Act (FIRREA) law.

    • Successfully represented the FDIC in FIRREA litigation via statutory special powers.
    • Represented banking clients in all aspects of commercial and residential foreclosure including pre-foreclosure, forbearance, short-sales and workouts.
    • Successfully defended banking clients with respect to commercial and statutory consumer claims.

    Mr. Malnar has served as an advisor to clients in all aspects of their legal needs outside of litigation, including federal, state and in local regulatory procedures. He has served as quasi-in-house counsel in managing clients’ outside counsel for out of state litigation; he has drafted and negotiated various contracts, equipment leases, licensing agreements, loan documents and settlement agreements toward final disposition, and works closely with title insurance partners in real estate closings.

    Prior to becoming a lawyer, Eric Malnar worked for five years in the computer technology industry. In addition, he spent ten years moonlighting as a Chicago musician. He recorded two full length albums and has performed countless shows throughout the country.