Overview

Complex projects involving novel issues do not always require substantial resources. Clients hire Neil Lloyd to help them reduce their litigation investments in complex cases by quickly identifying the critical nuance that will matter most to trial and appellate judges. Neil brings the same insight, dedication, and passion to each project, whether it is a major representation or a quick-hit consultation.

Neil concentrates his practice in litigation strategic consulting. He works with businesses, individuals, and law firms to develop and execute targeted, cost-effective strategies that solve their thorniest legal problems. Clients repeatedly call on Neil to sharpen and polish their briefs and oral presentations, to tackle issues of first impression, and to rescue them from bad results by judges and juries.

While clients often hire Neil at the outset of a case, at other times they bring him in during a crisis or ask him to partner with existing counsel. In each situation, clients return, knowing that Neil consistently adds value. As each case shifts and develops, he helps ensure that his client’s litigation investment aligns with its litigation risk.

In his rescue litigation practice, Neil has persuaded trial judges to change their minds mid-case. He has also convinced both trial and appellate judges to set aside or pare back substantial jury verdicts. Neil recognizes that rescue situations involve more than uphill battles with high financial stakes: they are often anxiety producing for outside counsel, inside counsel, and business decision-makers. Not only does Neil quickly develop a rescue strategy, he also works collaboratively to build relationships with all stakeholders. His approach saves clients money by lowering tensions, fostering cooperation, and leveraging the client’s previous investment in trial counsel.

Over the past 25 years, Neil has written and edited thousands of trial court and appellate briefs. He has served as in-court trial counsel for legal issues and appellate preservation in three, complex, multi-week jury trials involving emerging product liability issues and one complex multi-week bench trial involving environmental compliance. He has argued appeals in state and federal courts across the country, including in the Seventh and Tenth Circuits, the California Court of Appeal, and the Illinois Appellate Court and Supreme Court. He has successfully tried cases involving personal injury claims, ambiguous contracts, punitive damages, and the interplay between statutory and contractual obligations.

  • Experience

    • Between January 2016 and May 2019, Neil served as in-court legal issues and appellate preservation counsel in five-week, three-month, and six-week product liability jury trials, assisting lead trial counsel concerning evidentiary issues, jury instructions, and evidentiary sufficiency motions, including the first trial in the country to raise the BAP1 genetic mutation as the causative agent for mesothelioma.

    • In 2016, Neil served as in-court legal issues and appellate preservation counsel in a three-week bench trial raising issues of first impression under the Clean Air Act.
    • Neil wrote the briefs and developed a successful oral argument strategy for a major product liability action involving the food and beverage industry. He persuaded the Illinois Appellate Court to set aside a $32 million jury verdict, to grant a new trial, and to reject the plaintiff’s theory that the defendant had a duty to warn the entire world about potential health risks associated with a class of flavoring products.

      Neil’s successful litigation strategy against a 15-year effort to expand tort liability for asbestos personal injury actions in Illinois under a civil conspiracy theory ensured that solvent defendants were not unfairly shouldered with damages caused by bankrupt entities.
    • In an issue of first impression, Neil wrote the briefs and developed a successful litigation strategy for a major insurer concerning the scope of retroactivity of a prior New Mexico Supreme Court decision involving underinsured motorist coverage.
    • Neil wrote the briefs and developed a successful litigation strategy for a major insurer facing a potential eight-figure exposure in hundreds of actions pending simultaneously in federal and state trial and appellate courts and administrative tribunals in Louisiana, where medical providers claimed that they had been underpaid for treating injured workers.
    • Neil wrote the critical jury instructions, post-trial motions, and appellate briefs that led to the eventual exoneration of a former public company general counsel on criminal charges under the so-called “honest services” mail fraud statute.
    • Neil led the multi-year defense of a law firm facing claims of legal malpractice, breach of fiduciary duty, and fraud arising from an underlying multi-year lawsuit against other professional services providers.
  • Credentials

    Education

    • University of Chicago Law School, J.D., 1994, with honors
      The University of Chicago Law Review, Editorial Board
    • Pomona College, B.A., 1988

    Bar Admissions

    • California
    • Illinois
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Eighth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the Northern District of Illinois (Trial Bar)
    • U.S. District Court for the Eastern District of Michigan

        Teaching Appointments

        • Adjunct Professor, Northwestern University School of Law (legal ethics)
        • Instructor, National Institute for Trial Advocacy (deposition and trial skills)
      • Insights

        TITLE
        Alert

        Blanket Deadline Extension Orders: Short-Term Relief and Jurisdictional Risks

        Civil litigation is a highly deadline-driven activity – statutes of limitation, discovery responses, notices of appeal. The “use it by a date certain or lose it” nature of all of these deadlines pushes the wheels of justice forward, steadily, if sometimes slowly.

        News Release

        Eighty-Eight Attorneys Named to 2020 Leading Lawyers

        Schiff Hardin LLP is pleased to announce that 88 attorneys have been named to the 2020 Leading Lawyers list.

        News Release

        2019 Leading Lawyers Lists Recognize 95 Schiff Attorneys

        Schiff Hardin LLP is pleased to have 95 attorneys named to the 2019 Leading Lawyers list.

        News Release

        95 Schiff Hardin Lawyers Named to 2018 Leading Lawyers Lists

        Ninety-six Schiff Hardin lawyers have been named to the 2018 Leading Lawyers lists for Illinois and Michigan.

        News Release

        99 Schiff Hardin Attorneys Named to 2017 Leading Lawyers List

        Ninety-nine Schiff Hardin lawyers have been named to the 2017 Leading Lawyers list for Illinois and Michigan.

        News Release

        91 Schiff Hardin Lawyers Named to 2016 Illinois, Michigan Leading Lawyers Network

        The list is comprised of those attorneys who are most recommended as top lawyers among their peers.

        Speeches & Presentations

        • “Ethics: Understanding Attorney Obligations in High-Risk Cases,” (panelist) Cutting-Edge issues in Asbestos Litigation Conference (Mar. 9, 2018)
      • Citizenship

        Pro Bono Activities

        Working with the ABA’s Death Penalty Representation Project and the Equal Justice Initiative of Alabama, Neil for more than a decade represented an Alabama capital defendant pressing claims of ineffective assistance of trial counsel through the state and federal courts.

         

        Working with the Office of the Illinois Appellate Defender, Neil has represented indigent criminal defendants in their direct appeals.

         

        Neil, under appointment from the federal trial and appellate courts in Chicago, has represented incarcerated persons challenging the conditions of their confinement.

      Product Liability and Mass Torts Blog

      Blanket Deadline Extension Orders: Short-Term Relief and Jurisdictional Risks

      Civil litigation is a highly deadline-driven activity – statutes of limitation, discovery responses, notices of appeal. The “use it by a date certain or lose it” nature of all of these deadlines pushes the wheels of justice forward, steadily, if sometimes slowly. Over the past 48 hours, in response to the novel coronavirus, state and... Continue Reading

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