Hillary W. Coustan

PARTNER

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Massey & Gail LLP
50 East Washington Street
Suite 400
Chicago, IL 60602

Office: 312.283.1590
Direct: 312.379.0950
Fax: 312.379.0467

Hillary Weis Coustan has specialized in complex commercial litigation for nearly 20 years. She has litigated a variety of claims on behalf of plaintiffs and defendants, including securities fraud, deceptive trade practices, unfair competition, breach of contract, breach of fiduciary duty, fraudulent transfer, consumer fraud, intellectual property, and business torts. Hillary’s practice encompasses all phases of litigation, including discovery, dispositive motion practice, trial, remedies, attorneys’ fees, and appeals.

In addition to serving clients in private practice, Hillary taught disability law for several years at Northwestern Pritzker School of Law and Loyola University Chicago School of Law.

Before joining Massey & Gail, Hillary worked as an associate at Sachnoff & Weaver (now Reed Smith) and as a partner at Agrawal Evans in Chicago. She received her law degree from Stanford Law School, where she was a Public Interest Fellow and teaching assistant in the Youth and Education Law Clinic.

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

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

  • Illinois
  • United States Court of Appeals for the Ninth Circuit

  • Super Lawyer, Business Litigation (2022-present) – Illinois Super Lawyers
  • Women inPower Fellowship (2020) – JCC Chicago
  • Public Interest Fellow (2001) – Stanford Law School
  • Phi Beta Kappa (1997) – University of Michigan
  • Virginia Voss Memorial Award for Academic Writing (1997) – University of Michigan

  • “United States Supreme Court October 2021 Term and October 2020 Term in Review” CLE (September 2021)
  • “United States Supreme Court October 2020 Term in Review” CLE (June 2021)
  • “United States Supreme Court October 2020 Term in Review” CLE (June 2021)
  • “United States Supreme Court October 2018 Term In Review” CLE (August 2019)
  • “How In-House Counsel Can Best Assist Outside Counsel and Assess Their Readiness For Trial” CLE (March 2019)
  • Natural Resources Defense Council, panelist for “Briefcraft: The Art of Briefwriting” (August 2016)
  • Federal Bar Association, moderated “New Frontiers: Technology, the Internet and the ADA” (June 2016)
  • Loyola University Chicago School of Law, moderated “A Retrospective on the Corey H. Litigation” (June 2015)
  • Loyola University School of Law, moderated “The Educational, Social and Economic Benefits of Early Childhood Education” (May 2013)
  • American University Washington College of Law, moderated “Charter Schools and Special Education” (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)
  • “The SEC’s Continuing Evolution on Corporate Penalties,” Ray Garrett Jr. Corporate and Securities Law Institute (May 2007) (with Sarah Wolff)
  • “What Educational Resources Do Students Need to Meet California’s Educational Content Standards? A Textual Analysis of California’s Educational Content Standards and Their Implications for Basic Educational Conditions and Resources,” Teachers College Record (October 2004) (with William Koski)

  • Adjunct Faculty, Northwestern University Pritzker School of Law (2003-present)
  • Adjunct Faculty, Loyola University Chicago School of Law (2009-2015)

  • JCFS, Board of Directors (September 2022-present)
  • Beth Emet Synagogue, Soup Kitchen Site Supervisor (2020-present)
  • Beth Emet Synagogue, Executive Committee and Board Member (2015-2018)
  • Beth Emet Synagogue, Early Childhood Committee Co-Chair (2013-2015)
  • Bessie Rhodes School of Global Studies, PTA Education Chairperson (2013-2016)
  • School for Little Children, Board Member (2010-2012)
  • Jewish Council for Youth Services, Board Member (2004-2008)

  • Panelist, “Briefcraft: The Art of Briefwriting,” Natural Resources Defense Council, August 2016
  • Moderator, “New Frontiers: Technology, the Internet and the ADA,” Federal Bar Association, June 2016
  • Moderator, “A Retrospective on the Corey H. Litigation,” Loyola University Chicago School of Law, June 2015
  • Moderator, “The Educational, Social and Economic Benefits of Early Childhood Education,” Loyola University School of Law, May 2013
  • Panelist, “Charter Schools and Special Education,” American University Washington College of Law, February 2011

  • Secured summary judgment for Nuveen in over half a billion-dollar defamation case involving the high yield municipal bond market.
  • Successfully defended JPMorgan Chase & Co. at trial in Los Angeles Superior Court in a case that involved two wealthy foreign nationals who claimed they had been defrauded by their former business partners.
  • Obtained summary judgment for defendant on claims of breach of contract, fraud, negligence, conversion, and subrogation.
  • Obtained dismissal of complaint alleging libel and unfair competition.
  • Represented former CFO against allegations of securities fraud in 11-week jury trial in federal district court.
  • Successfully defended CEO and corporation against allegations of breach of contract and breach of fiduciary duty.
  • Obtained summary judgment for corporate client in complex tort case.
  • Represented plaintiff in tortious interference with contract case arising from investment in hedge fund. Case settled shortly before trial.
  • Successfully moved for reconsideration of attorney fee award in federal district court.