Clayton Faits focuses on complex commercial litigation at the trial and appellate levels in both state and federal courts. Driven to learn all he can about each case and client, he shapes that understanding into a compelling narrative and convincing arguments in court and at the negotiating table.
Representing clients in industries ranging from insurance to manufacturing, energy, and real estate, Clayton has secured victories for clients in insurance coverage litigation, product defect cases, contract disputes, False Claims Act litigation, and antitrust claims. He has significant hands-on experience in taking and defending depositions (including those of expert witnesses), arguing motions, and taking cases from their inception through trial and appeal. Experienced at every step in the life cycle of a case, Clayton litigates with an eye toward the final result, whether that is a settlement, a favorable decision at trial, or an eventual win on appeal.
Prior to joining the firm, Clayton was an associate in Dentons US, LLP’s Litigation and Dispute Resolution Practice. Before becoming a lawyer, Clayton had a 10-year career in theater and museum program development, with a focus on communicating complex information to diverse audiences in a way that was accessible and memorable. With a natural curiosity and passion for storytelling and the skills honed in that communication role, he crafts and delivers logical and compelling arguments in court and at the negotiating table.
Representative Matters
Represented a grocery store chain facing a class-action lawsuit alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Illinois law on insurance coverage for underlying BIPA lawsuits was (and still is) in flux, with decisions coming out of federal and state courts that are sometimes inconsistent with each other. However, our team has won a number of substantive victories on dispositive motions that have led to favorable settlements, with nearly $3 million recovered to date. There is a potential to exceed $4 million if we get a favorable decision on appeal. Cases against the various insurers proceeded in Illinois state and federal courts.
Reached a confidential favorable settlement in a lawsuit in the Delaware Court of Chancery on behalf of investors in a startup company acquired under a confidential deal agreement. The investors alleged that they were undercompensated for their investment in the company.
Served as a member of a large litigation team representing opt-out plaintiffs in a lawsuit against broiler chicken producers alleging a conspiracy to reduce production and drive up prices. Clayton’s key contribution was drafting the briefs opposing a Daubert motion seeking to exclude our expert economist’s report and opinions. Achieved success with our expert’s testimony permitted.
Sought recovery on an insurance coverage claim on behalf of a winemaker for wines damaged by smoke from the 2020 wildfires in California. Secured a confidential settlement for a total recovery exceeding $3.1 million ($2.1 million above what the insurer originally agreed to pay). The case involved complex issues and evolving science regarding when and how grapes, or wines, become tainted when exposed to smoke, which Clayton helped present at a mediation that led to a favorable settlement.
Helped secure a confidential favorable settlement of a dispute between a commercial landlord and tenant regarding extending a lease for signage rights on a recognizable building in the Chicago skyline. The case hinged on the notice requirements in the contract and touched on whether the realities of the COVID-19 pandemic lockdowns should excuse them.
Education
J.D., Northwestern Pritzker School of Law, cum laude, 2019
- Executive Editor, Journal of Criminal Law and Criminology
B.A., Tulane University, Theater, 2007
Bar Admissions
- Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
