Beth L. Fancsali

Beth L. Fancsali

Partner

T: (312) 201-2470
F: (312) 416-4540
fancsali@wildman.com

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Practice Areas:

Litigation
Antitrust
Class Action
Commercial Litigation
Investigations
White Collar Criminal

Education:

University of Texas School of Law, J.D. 1990, with honors, Order of the Coif, Texas Law Review — Associate Editor

Miami University (Ohio) B.S. Business Administration 1987, magna cum laude




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Beth L. Fancsali

Beth Fancsali is a partner in the Litigation Department of Wildman Harrold. She counsels and defends corporations in complex investigation and litigation matters covering antitrust and commercial subject matters. Many of these matters extend across multiple jurisdictions, are brought as class actions, or are parallel to government investigations. She was a partner with Haynes and Boone LLP in Dallas, Texas until she returned to her home state of Illinois and joined Wildman Harrold in 2003. Her practice spans the insurance, manufacturing, healthcare, and retail industries for national and international companies such as CNA, Schneider Electric/Square D, and Equity Residential.

Representative Experience:


Antitrust
  • Regular counseling of clients in various industries on antitrust issues relating to distribution, marketing, pricing, and compliance programs.
  • Representation of CNA Insurance in multidistrict class action litigation alleging bid-rigging and market allocation in violation of the Sherman Act, the RICO statute, state antitrust statutes, and common law (In re Insurance Brokerage Antitrust Litigation). This case involves more than a decade of business for virtually the entire commercial insurance industry.
  • Successful defense of electrical product manufacturer, Square D Company, in a multi-week evidentiary arbitration proceeding brought by former distributor alleging conspiracy in violation of the Sherman Act, price discrimination in violation of the Robinson-Patman Act, wrongful termination of the distributorship, deceptive conduct in violation of Illinois and Tennessee consumer protection statutes, and other common law tort claims. The claimant sought more than $10 million in damages from Square D Company, but was awarded nothing and ordered to pay all costs of the arbitration.
  • Representation of companies in antitrust investigations by various state attorneys general, including investigations concerning whether industry participants engaged in unlawful group boycott and whether companies conspired to rig bids or allocate markets.
  • Representation of leading manufacturer of hospital equipment in seven year litigation and trial of competitor claims of monopolization and attempted monopolization. This case raised novel theories of bundling and monopoly leveraging, in addition to tying and predatory pricing claims, that implicated hospital and group purchasing organization practices utilized throughout the country.

Commercial Litigation
  • Representation of several different groups of retailers and their internet affiliates in qui tam litigation brought by a private party on behalf of three states alleging reverse false claims in connection with tax on sales made through the internet. These cases involve novel issues including the nexus required for a state to constitutionally impose tax on sales made by remote internet retailers and the ability of a private party to raise tax issues on behalf of a state in order to collect a “whistleblower” reward.
  • Representation of the country's largest owner of apartment complexes in class action alleging violation of Florida consumer protection and deceptive practices statutes, including trial and subsequent settlement based on award of less than 20 percent of the damages sought.
  • Prosecution of legal malpractice action on behalf of global corporation concerning corporate acquisition that had resulted in legal proceedings brought by the government of India for failure to comply with its securities laws.
  • Achieved dismissal of Australian company from thousands of Texas asbestos suits in landmark personal jurisdiction mandamus proceeding. CSR Limited v. Link, 925 S.W.2d 591 (Tex. 1996). This case has been called one of the “three most important Texas cases in the area of personal jurisdiction” by O’Connor’s Texas Rules – Civil Trials.

Investigations
  • Conducted internal investigation for insurance company arising from internal “whistleblower” allegations.
  • Various antitrust investigations (described above).
  • Representation of Chicago based company in investigation and competing civil lawsuits brought by and against the San Diego County District Attorney’s Office and the Attorney General of California involving application and constitutionality of consumer protection statutes.
  • Representation of individuals (including a target) in investigation by several federal government agencies and grand jury proceeding concerning accounting practices—no indictments issued.
  • Internal investigation for school district concerning widespread media reports of fraud in alternative teacher certification program.

Publications And Presentations:

  • Speaker, “Protecting Your Investigation When the Government or a Whistleblower Comes Calling,” Navigant Consulting Legal Roundtable, June 2008.

  • Co-author, “Attorney-Client Privilege in Corporate Internal Investigations,” The Corporate Counselor, June 2008.

  • Speaker, “Complications of the Attorney-Client Privilege in Government Investigations,” IQPC Internal & Government Investigations Conference, Washington, D.C., January 2008.
  • Author, “How Wide Did the Supreme Court Open the Door to Minimum Resale Pricing?”, Andrews Antitrust Litigation Reporter, Vol. 15, Issue 6, September 2007.
  • Contributing author, Antitrust Law Developments (Sixth), 2007.

  • Contributing author, Indirect Purchaser Handbook, ABA Section of Anitrust Law, 2007.
  • Contributing author, 2005 Supplement to Antitrust Law Developments (Fifth), 2006. 
  • “Illinois Supreme Court Overturns Verdict Against State Farm in Avery Case,” The Insurance Policy, Insurance Committee of the Antitrust Law Section of the American Bar Association, Fall 2005.
  • Co-author, Mass Torts and Class Actions: Facing Increased Scrutiny, 167 F.R.D. 483 (1996).


Professional Associations:

American Bar Association (Antitrust, Criminal, Justice, Health Law and Litigation Sections)

Chicago Bar Association

Illinois State Bar Association

Chicago Women Antitrust Lawyers Network

The Executives’ Club of Chicago

State Bar of Texas


Bar Admissions:

Illinois

Texas

U.S. Courts of Appeal for the Third, Fifth, Seventh, and Ninth Circuits

U.S. District Court for the Northern District of Illinois (Trial Bar member)

U.S. District Courts for all districts of Texas


Personal Information:

Beth is a successful competitor both inside and outside the courtroom. In her spare time, she breeds and shows Morgan horses that have won world, national, and regional titles. Since childhood, her Morgan horses have proven to be an effective respite whether she is simply spending time at the barn or competing across the country.


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