Eric J. Malnar - Wheaton, IL

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.

Franchise Law:

Mr. Malnar has been working with the firm’s Franchise Law Group since 2023. Since that time, he has been representing franchisors in complying with federal and state franchise disclosure and franchise registration laws, including preparing Franchise Disclosure Documents and obtaining state franchise registrations, advising and counseling franchisor clients on franchise relationship matters and risk management, and representing franchisors in litigation matters.

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.