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Hillary Weis Coustan

Massey & Gail LLP
The Wharf
1000 Maine Ave. SW
Suite 450
Washington, D.C. 20024
Office: 312.283.1590
Direct: 312.379.0950
Fax: 312.379.0467
   
Hillary Weis Coustan
Partner

Hillary Weis Coustan represents companies and individuals in complex commercial litigation nationwide. For more than two decades, she has handled high-stakes disputes involving securities fraud, consumer fraud, unfair competition, breach of contract, breach of fiduciary duty, fraudulent transfer, intellectual property, and other business torts.

Hillary has experience across all phases of litigation, including discovery, dispositive motion practice, trial, remedies, attorneys’ fees proceedings, and appeals. She also represents clients in internal investigations, mediations, and arbitrations.

In addition to her practice, Hillary has taught disability law at both Northwestern Pritzker School of Law and Loyola University Chicago School of Law.

Before joining the firm, Hillary was a partner at Agrawal Evans in Chicago and previously practiced at Sachnoff & Weaver, which later combined with Reed Smith. She earned her law degree from Stanford Law School, where she was a Public Interest Fellow and served as a teaching assistant in the Youth and Education Law Clinic.

  • Principal drafter of all pre-trial submissions and appellate briefing for Nuveen in a more than $500 million defamation action in Delaware Court of Chancery involving statements concerning the high-yield municipal bond market; secured summary judgment in the client’s favor.
  • Developed legal strategy, prepared key witnesses, and drafted post-hearing briefing for a multinational pharmaceutical company in a $130 million arbitration before CPR Institute for Dispute Resolution in Illinois involving alleged failure to use commercially reasonable efforts to commercialize a product; secured a unanimous defense award following a six-day evidentiary hearing.
  • Principal drafter of all pre- and post-hearing submissions for a publicly traded online gaming and sports betting company in a nearly $10 million international arbitration before American Arbitration Association in Illinois involving a business partner dispute; managed witness preparation and expert testimony and secured a favorable defense award following an eight-day evidentiary hearing.
  • Defended JPMorgan Chase & Co. in California Superior Court in a $80mm+ dispute brought by foreign investors alleging fraud by former business partners; obtained a complete defense verdict.
  • Principal drafter of dispositive motions for JPMorgan Chase & Co. in the U.S. District Court for the Eastern District of Wisconsin involving claims for breach of contract, fraud, negligence, conversion, and subrogation; obtained complete summary judgment.
  • Led a case for JPMorgan Chase & Co. in the Southern District of Florida involving breach of contract; secured a favorable settlement.
  • Principal drafter of dispositive motion practice for a corporate chief executive officer and company in Illinois state court involving breach of contract and fiduciary duty claims; favorable resolution on appeal.
  • Principal drafter of a successful motion to dismiss in the U.S. District Court for the District of New Jersey involving claims for libel and unfair competition against Convr Inc.
  • Represented a former chief financial officer in an 11-week jury trial in the U.S. District Court for the Northern District of Illinois involving allegations of securities fraud; drafted jury instructions and verdict forms and prepared expert witnesses.
  • Represented the board of directors of a consumer technology services company in a confidential internal investigation concerning alleged fraud and potential contractual violations.
  • Represented the board of directors of a global technology provider in a confidential investigation of allegations about employee misconduct.
  • Led an internal investigation involving allegations of sexual harassment, including witness interviews, discovery oversight, and recommendations to the client.

  • Stanford Law School, J.D., with distinction, 2002
  • University of Michigan, B.A., with honors and highest distinction, 1997

  • Hon. Robert W. Gettleman, U.S. District Court for the Northern District of Illinois

  • Super Lawyers, Business Litigation (2022–present), Illinois Super Lawyers

  • U.S. Court of Appeals for the Ninth Circuit
  • Illinois

  • “United States Supreme Court October 2021 Term and October 2020 Term in Review,” CLE presentation (September 2021)
  • “United States Supreme Court October 2020 Term in Review,” CLE presentation (June 2021)
  • “United States Supreme Court October 2018 Term in Review,” CLE presentation (August 2019)
  • “How In-House Counsel Can Best Assist Outside Counsel and Assess Their Readiness for Trial,” CLE presentation (March 2019)
  • “Briefcraft: The Art of Briefwriting,” panelist, Natural Resources Defense Council (August 2016)
  • “New Frontiers: Technology, the Internet and the ADA,” moderator, Federal Bar Association (June 2016)
  • “A Retrospective on the Corey H. Litigation,” moderator, Loyola University Chicago School of Law (June 2015)
  • “The Educational, Social and Economic Benefits of Early Childhood Education,” moderator, Loyola University Chicago School of Law (May 2013)
  • “Charter Schools and Special Education,” panelist, American University Washington College of Law (February 2011)
  • “Enabling Legislation: How the ADA Amendments Act of 2008 Amended Ten Years of Supreme Court Precedent,” Litigation Magazine (Fall 2009) (with Hon. Robert W. Gettleman)

  • Soup Kitchen Site Supervisor, Beth Emet Synagogue (2020–present)
  • Executive Committee and Board Member, Beth Emet Synagogue (2015–2018)
  • Early Childhood Committee Co-Chair, Beth Emet Synagogue (2013–2015)
  • PTA Education Chair, Bessie Rhodes School of Global Studies (2013–2016)