|Advisory Board Member|
| Litigator: Yes|
| Practice Description: |
Mr. Zulkey has extensive practice experience in insurance, risk management, partnership law, employment disputes and professional liability. He has been at Baker & McKenzie for his entire career. After having been a litigator in the firm's Chicago office since 1973 and a partner since 1980, he became the firm's first general counsel in 1994. His duties include managing claims and insurance issues, drafting and interpreting articles of partnership, parliamentarian, managing partner and other employment disputes, managing all outside counsel and managing numerous other partnership issues.
He still spends a portion of his time practicing on behalf of firm clients and advising insurers, policyholders and self-insureds in connection with managing their financial risk issues, often on a multi-national basis. He regularly interprets and litigates all aspects of liability insurance and claim-handling relationships, including environmental, advertising injury, D&O, legal malpractice and bad faith on an international basis and assists the firm's clients in its securing of coverage and dispute resolution of claims.
He serves as national claims counsel to a mutual insurance company in regard to catastrophic general liability and D&O claims relating to the utility industry and as a counsel for a major international insurer regarding environmental insurance matters. He has represented various captives on professional liability claims, including litigating and managing claims and interpreting and drafting policies. Mr. Zulkey has argued many leading Illinois insurance coverage cases to the Illinois Appellate and Supreme Courts. He regularly assists the firm's clients in its securing of coverage and dispute resolution of claims and also serves as an arbitrator and mediator.
He is listed in Naifeh and Smith's The Best Lawyers in America, 1999-2000; Euromoney Legal Group's Guide to the World's Leading Insurance & Reinsurance Lawyers; the millenia edition of National Registry of Who's Who, and The International Who's Who of Business Lawyers.
He is an adjunct professor of law at Northwestern University School of Law in its Clinical Trial Advocacy Program and Litigation Management. He is the current chairman of the IADC's Legal Writing Contest and is a past chairman of the Casualty Insurance Committee.
Notable Cases and Results:
Mr. Zulkey has tried numerous cases in federal and state courts, jury and bench, in the following substantive areas: employment discrimination; commercial/breach of contract; injunctive relief; product liability; professional liability; negligence; insurance coverage. He has briefed and argued appeals in reviewing courts around the country, including several seminal cases in Illinois and has participated in writing over 100 appellate briefs.
U.S. District Court, 1973
U.S. Court of Appeals, 7th Circuit
U.S. Supreme Court, 1977
Hourly Rate: $401-$500
Retainer: Varies upon case
Year of Birth: 1948
Law School: University of Illinois College of Law,J.D., 1973
Law School Honors/Involvement: With honors; Order of the Coif; Harno Scholar; Law Review; "Notes and Comments" editor of the Law Forum
Undergraduate School: Northwestern University, B.A., economics, 1970
Undergraduate School Honors/Involvement: With honors
General counsel (1992-present)
Member, Management Committee of 60-person
Litigation Department (1990-1996)
Associate attorney (1973-1980)
Summer associate (1972-1973)
Bar/Professional Association Involvement:
American Arbitration Association
Mediator, Circuit Court of Cook County
American Bar Association
Vice-chair of the ABA/TIPS Committee on Excess and Reinsurance
Chairman, Legal Malpractice Subcommittee of the ABA/TIPS Committee on Insurance Coverage Litigation
American Management Association
Appellate Lawyer's Association
Association of Professional Responsibility Lawyers
Chicago Bar Association
Defense Research Institute
American Bar Foundation
Illinois State Bar Association
Board of Insurance
Illinois Defense Counsel
International Association of Defense Counsel
Chairman, Legal Writing Contest
Chairman, Casualty & Excess Insurance Committee, 1993 - 1995
International Bar Association
Professional Liability Underwriting Society
The Society of Trial Lawyers
Served on Landmark Preservation Commission, city of Evanston
Parish Council president, St. Mary's Evanston
Evanston High School Booster Club, Board of Directors
Chicago Literary Club
Published various non-legal historical articles
Published Legal Writing:
Litigating Insurance Disputes, published by Juris Publishing, Inc.,1993 (Rel. 2-2002).
"An Introduction to Commercial and Professional Liability Insurance," with Ronald L. Ohren, Commercial and Professional Liability Insurance 2002. Illinois Institute for Continuing Legal Education, 2002, pp. 1-1 - 1-44.
"Advertising Liability: What is the Required Nexus to Advertising?" Defense Counsel Journal, January, 1992, Volume 59, No. 1, Pgs. 80 - 85.
"Liability Insurance Coverage: How to Avoid Unpleasant Surprises," with Byron H. Higgins, The Journal of College and University Law, 17 J.C.U.L. (Fall, 1990).
"Choice of Law Resolution in Insurance Coverage Disputes: A State By State Survey," The Brief, an American Bar Association journal, Summer, 1990 and Liability Risk & Insurance, DYP Insurance & Reinsurance Group Ltd., London, September 1990, Issue No. 2.
"When Can and How Does an Insurer Properly Exhaust Its Limits?" Defense Counsel Journal, April, 1989, Volume 56, Pgs. 202 - 205.
"Periods of Limitations and Their Effect on Pollution Liability Claims - United States," Working Groups, AIDA Studies in Pollution Liability and Insurance, AIDA VII, 1986, Pgs. 163 - 166.
"Insurance Law," with Steven M. Bauer, Loyola University of Chicago Law Journal, Winter 1986, Volume 18, No. 2, Pgs. 605 - 632.
"The Status of the Law on Insuring Environmental Insurance Coverage in the United States," Insuring Environmental Risks, Sotherby & Co., London, 1986.
"Management of the Defense Under a Reservation of Rights," CGL Reporter, Seminar, Boston, Massachusetts, June, 1985.
"The Duty to Defend After Exhaustion of Policy Limits," with Michael A. Pollard, For The Defense, June, 1985, Pgs. 21 - 28.
"Does the Duty to Defend Ever End?" seminar, In-Depth Analysis in the CGL Insurance Policy, GL Reporter, New Orleans, February 23 - 24, 1984.
"Law Firm Risk Management-Post Enron Challenges," conference presented by Hildebrandt International, November 22, 2002, New York.
"How to Read an Insurance Policy," presented at the CBA's YLS Insurance Law Seminar, "A Nuts & Bolts Overview of Insurance Coverage," on November 20, 2002, Chicago, Illinois.
"National Conference on Legal Malpractice and Risk Management," presented by Hinshaw & Culbertson, March 13-15, 2002, Chicago
Participated in the Association of Professional Responsibility Lawyers' Cambridge Conference Roundtable Discussion, An International Perspective On The Future of The Professions, MDP & MJP Multi-National Service Firms' and Clients' Perspective, July 12, 2000, Moat House, Cambridge, England.
"Managing Risk for a Global Law Firm," presented at the International Association of Defense Counsel Annual Meeting 2000, July 1-8, 2000, at The Greenbrier, White Sulphur Springs, West Virginia.
"When Your Partners are Your Clients: Lessons from a Law Firm General Counsel," presented at The Canadian Institute's Strategic Forum for Canadian In-house Counsel, Toronto, Canada, October 20, 1998.
"U.S. Litigation Cost Management," presented at EuroForum Conference entitled "U.S. Insurance Law and Practice Update," held on June 5, 1998, London, England.
"The Private Securities Litigation Reform Act of 1995: A Review of Its Impact on D&O Claims," presented at the Illinois Association of Defense Trial Counsel Insurance Symposium, "Who is the Client?" Chicago, Illinois, January 24, 1997.
"A General Review of the Status of EMF Litigation in the United States," presented at the Energy Insurance Mutual Risk Managers Meeting, Tarpon Springs, Florida, February 1996.
"Defending Legal Malpractice Claims Under a Reservation of Rights and Other Coverage Issues Defense Counsel Face," presented at ISBA Mutual Insurance Company Third Annual Defense Counsel Seminar, Chicago, Illinois, June 16, 1995.
"Damage Control: Keeping the Lid on the Liability Case" (Anatomy of the Defense Damage Case) - Insurance Considerations, presented at the International Association of Defense Counsel Annual Meeting, Colorado Springs, Colorado, July, 1994.
"Insurance Coverage for Patent Infringement," presented at the ABA Tort and Insurance Practice Section, Insurance Coverage Litigation Committee, Orlando, Florida, February 25, 1995.
"Planning for and Dealing with Insurance Issues in a Corporate Disaster: The Insured's Perspective," presented at Baker & McKenzie's Seminar entitled "Preparing for and Responding to Corporate Catastrophes and Disasters," June 11, 1993, First Chicago Conference Center, Chicago, Illinois.
"Trigger of Coverage: Number of Occurrences and Stacking," with Forrest G. Keaton, presented at the Illinois State Bar Association's Insurance Law Seminar, March 25, 1993, Chicago, Illinois.
"Failed Thrifts & Banks - Defending Actions by the FDIC/OTS/RTC - Sources of Indemnification for Attorney Malpractice Claims Arising Out of Claims by the FDIC/RTC," presented at the annual meeting of the International Association of Defense Counsel, July 5, 1992, Greenbrier Hotel, White Sulphur Springs, West Virginia.
"Coverage for Foreign Practice: A Commentary," presented at the American Bar Association's Standing Committee on Lawyer's Professional Liability Conference, April 23 - 24, 1992.
"Obligations of the Insurer," with Lisa Sopata Broganm oresented at the Illinois State Bar Association, Law Ed Series, Insurance Policies: A Primer, March 6, 1992, Bloomington, Illinois and March 19, 1992, Chicago, Illinois.
"Primary, Excess and Reinsurance Problems Faced by Trial and Coverage Counsel in a Large Loss Case from the Perspective of Counsel for Excess Insurers," International Association of Defense Counsel Joint CLE Program by Excess & Reinsurance, Casualty Insurance, Professional E & O and Property Insurance Committees, Southampton, Bermuda, July 7-14, 1991.
"Managing Reinsurance Arbitration in the Nineties: Avoiding Problems with the Arbitration Process," with Ronald L. Ohren, American Bar Association Tort and Insurance Practice Seminar, San Antonio, Texas, April 27, 1991.
"Survey of Recent Environmental Insurance Coverage Cases," Environmental Litigation Seminar, Singapore, October, 1989.
"Coverage! Coverage! Where is the Coverage?" Illinois Association of Defense Counsel Continuing Legal Education Program Annual Seminar, Boston, Massachusetts, July 6, 1989.
"Liability Insurance Coverage: How to Avoid Unpleasant Surprises," with Byron H. Higgins, National Association of College and University Attorneys, Boston, Massachusetts, July 1, 1989.
"What Does an Insurance Policy Include and When Is It in Effect - How It Impacts Your Clients, Your Cases and Your Practice," program of Illinois Institute For Continuing Legal Education, Springfield, Illinois, January 24, 1989 and Chicago, Illinois, January 27, 1989.
"Litigating Coverage Disputes - The Declaratory Judgment Action," Strategic Claim Risk Unit, The Travelers Insurance Companies, Hartford, Connecticut, June, 1988.
"Handling Complex Insurance Coverage Problems," Illinois Defense Counsel Spring Seminar, 1987.
"Corporate Liability Risks - Is There Coverage?" Critical Liability Risk To Corporate Survival Seminar, New York, New York, October, 1986.
"Pollution Liability and Insurance Coverage in the United States - The Current Status and a Look Into the Future," with Stephen R. Ayres, presented to Lloyds' Under-30s Non-Marine Group, Claims Discussion Group, Lloyds, London, April, 1986 and April, 1988.
"Management of the Defense Under a Reservation of Rights," CGL Reporter, seminar, Boston, Massachusetts, June, 1985.
"Commonly Encountered Coverage Problems Under the Illinois Structural Work Act," with Francis D. Morrissey, Illinois Defense Council Spring Seminar, 1985.
"Does the Duty to Defend Ever End?" seminar, In-Depth Analysis in the CGL Insurance Policy, CGL Reporter, New Orleans, February 23 - 24, 1984.
Baker & McKenzie was established more than 50 years ago. With 64 offices in 35 countries, more than 600 partners and 3,000 lawyers, and revenues of $1 billion, the firm conducts business in the world's most significant financial and commercial centers. Baker & McKenzie is staffed by locally qualified attorneys intimately familiar with the legal and business practices of their market and region. Utilizing a global and regional practice structure and groundbreaking technology, the firm provides clients with the legal solutions needed to conduct complex, multi-jurisdictional business transactions. The execution of the firm's legal services is individual and singular, and yet the scope encompasses awareness and ability in virtually every corner of the world. The firm's practice consists of Antitrust & Trade; Banking & Finance; Corporate; Dispute Resolution; Employment; Insurance; Intellectual Property; International/Commercial; IT/Communications; Major Projects & Project Finance; Real Estate, Construction, Environment & Tourism; Tax.
Practice Group Description:
Risk management analysis, including interpreting, drafting and litigating insurance wording, advising on claim management and resolution, including reserve setting, professional liability analysis and resolution of partnership/fiduciary disputes; manages catastrophic claims and litigation, including general liability, director and officer, and legal malpractice on behalf of insurers and risk retention groups; advises insurers, policyholders and self-insureds in connection with managing their financial risk issues, often on a multi-national basis; handles insurance broker professional liability.
Married to Janice; two children
Additional Office Locations:
Almaty, Amsterdam, Antwerp, Bahrain, Baku, Barcelona, Berlin, Bologna, Brussels, Budapest, Cairo, Dusseldorf, Frankfort, Geneva, Kyiv, London, Madrid, Milan, Moscow, Munich, Paris, Prague, Riyadh, Rome, St. Petersburg, Stockholm, Warsaw, and Zurich.
Bangkok, Beijing, Hanoi, Ho Chi Minh City, Hong Kong, Manila, Melbourne, Singapore, Sydney, Taipei, and Tokyo.
North and South America:
Bogota, Brasilia, Buenos Aires, Calgary, Caracas, Chicago, Dallas, Guadalajara, Houston, Juarez, Mexico City, Miami, Monterrey, New York, Palo Alto, Porto Alegre, Rio de Janeiro, San Diego, San Francisco, Santiago, Sao Paulo, Tijuana, Toronto, Valencia, and Washington D.C.
Parking: Prudential Building, 130 East Randolph Drive, Lower Level
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