• Posted on December 10, 2020

    Education

    • DePaul University College of Law, J.D., 1991
      Law Review: DePaul University Law Review, Editorial Board
    • DePaul University College of Commerce, B.S. in Accounting, 1988
      Honors: Graduated with Highest Honors
      Stanley Scholar
      Strobel Honors Accounting Program

    Associations & Memberships

    • Certification/Specialties: Certified Public Accountant, 1988
    • Selected as an “Leading American Attorney” by the Leading Attorney Network
    • Selected as an “Illinois Super Lawyer” by Law & Politics magazine

    Admissions

    • Illinois
    • U.S. District Court Northern District of Illinois
    • U.S. Tax Court

    Nick Marsico is a businessman who happens to be an attorney, which allows him to provide practical, real-world answers and the ability to translate complex legal issues into business issues that can be more easily evaluated. Nick, a senior Director with the Firm, focuses his practice on business transactions for small and mid-sized businesses, such as buying and selling businesses, private placement offerings, limited liability company issues, license agreements and other technology issues, and trademark and copyright protection, as well as common transactional matters such as entity formation and structuring, contract drafting, and contract law.

    In his mergers and acquisitions practice, Nick counsels clients on the appropriate transaction structure for buying or selling the business, performing due diligence, and negotiating transaction documents including the letter of intent, the purchase agreement, confidentiality agreements, employment agreements, and consulting agreements.

    In his trademark practice, Nick conducts trademark searches; files trademark applications; provide opinions as to the availability of a desired mark or the infringement or validity of the mark; prosecutes trademarks before the Patent and Trademark Office; negotiates license agreements; negotiates trademark disputes and consent agreements; and represents clients before the Trademark Trial and Appeal Board in actions such as opposition proceedings.

    Nick also counsels businesses trying to raise capital from private investors. Typically, these businesses need capital for their business plan, but cannot obtain a traditional bank loan. These businesses typically issue equity or convertible notes to the investors. Raising capital from investors must be done carefully in order comply with federal and state securities laws. Nick counsels clients on the structure of these transactions, which are typically Reg D private placements, drafts the private placement memorandum, and advises on compliance with federal and state securities laws.

    Nick also has a tax background and advises on federal and state tax planning matters, tax compliance matters, tax litigation, and Illinois franchise tax matters.

    Nick is also Certified Public Accountant and has taught business law classes as an adjunct professor for DePaul University’s CPA Review Program. He has been a speaker at various seminars involving recent developments in limited liability companies, business law, and tax. He is a regular speaker for the National Business Institute on LLC issues. He has been selected as a member of the “Leading American Attorneys” by the Leading Attorney Network (lawlead.com), which is awarded to the top 5% of attorneys. He has been named an “Illinois Super Lawyer” by Law & Politics magazine (superlawyers.com), which is awarded to the top 5% of Illinois attorneys.

    Nick joined Huck Bouma in 2007. Prior to joining Huck Bouma, Nick was a partner at the Chicago law firm of Rooks, Pitts and Poust, which later merged into Dykema Gossett PLLC, which is a large national law firm.

    Nick lives in Wheaton with his wife, Kelly and their two sons. He enjoys biking and golfing. He actively participates in his sons’ Boy Scouts troop and their other activities. He is a passionate life-long Chicago Blackhawks fan, an optimistic Chicago Bears fan, and a long-suffering Chicago Cubs fan.

    Publications:
    Current Status of the Series LLC: Illinois Series Improves Upon Delaware Series LLC But Many Open Issues Remain, vol. 9, no. 6, Journal of Passthrough Entities, November-December, 2006
    Illinois Series LLC: New Vehicle For Holding Multiple Properties, vol. 10, no. 3, Illinois Real Estate Journal, March, 2007
    Will the Series LLC Work For Holding Real Estate?, vol. 22, issue 12, Midwest Real Estate News, December, 2006
    Chopping Down the Fruit Tree: Caruth Corp. v. United States Applies Assignment of Income Doctrine to Gift of Stock Between Declaration and Record Dates, v.40, no. 3, DePaul Law Review, Spring, 1991

    Speaking Engagements:
    Anatomy of the LLC, December, 16 and 17, 2008
    Advanced LLC Issues, April 18, 2007
    Advanced LLC Issues, December 5, 2006
    Limited Liability Company Update in Illinois, September 14, 2005
    Operating as a Privately Owned Company in the 21st Century, May 17, 2005
    Advanced LLC Issues in Illinois, March 22, 2005
    The Ins and Outs of Limited Liability Companies in Illinois, November 12, 2004
    Limited Liability Companies and Limited Liability Partnerships in Illinois, October 21, 2003
    Tax Aspects of Limited Liability Companies in Illinois, August 23, 2002
    Adjunct Professor, Business Law, DePaul University’s CPA Review Program


  • 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.