Overview

Melanie MacKay is a litigation partner in the Firm's Chicago office. She represents publicly traded companies, private equity funds and their portfolio companies, investment advisers, and other corporations and their senior executives and directors in a variety of matters, including complex commercial litigation, governance disputes, securities litigation, derivative actions, internal investigations and product liability litigation. Melanie has extensive experience in all aspects of litigation, including successfully arguing dispositive motions, obtaining favorable judgment after trial, prevailing in appellate courts and negotiating settlements.

Melanie recently represented a sovereign wealth fund during the expedited trial and appeal of a complex dispute impacting the client's multibillion-dollar investment in a public utility company; she achieved complete victory for the client on all counts. She also argued a dispositive motion in Delaware Chancery Court, achieving dismissal with prejudice of all derivative claims asserted against her clients, including claims for breach of fiduciary duty, unjust enrichment, gross mismanagement and corporate waste.

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Thought Leadership

Publications

Co-Author, “Delaware Books and Records Demands in 2023: Protections and Pitfalls for Companies,” OnPoint, December 12, 2023

Co-Author, “Delaware Supreme Court Confirms that Buyers and Sellers Can Allocate the Risk of Non-Intentional Fraud,” Deal Lawyers, March 10, 2021

Co-Author, “Duplicative Non-Compete Provisions in Employment Contracts Might Defang Choice of Forum Provisions in Corporate Formation Documents,” Law360, March 2, 2021

Co-Author, “Delaware Court of Chancery Issues Major Decision on COVID-Related Issues in M&A Deals, Allows Buyer to Terminate Agreement for Breach of Operating Covenant,” OnPoint, December 2, 2020

Co-Author, “Tensions Rise Between China and the United States: Intellectual Property Prosecutions Just the Tip of the Iceberg,” OnPoint, October 27, 2020

Co-Author, “Delaware Supreme Court Rules that Corporations Can Require Securities Act Claims to Be Filed Exclusively in Federal Court,” OnPoint, March 19, 2020

Speaking Engagements

Panelist, Corporate Governance Symposium, February 27, 2024

Presenter, Corporate & Securities Roundtable Lunch, June 17, 2020

Speaker, “Deal Disputes in the Time of COVID-19,” Private Equity Podcast, April 30, 2020

Credentials

Admissions & Qualifications

  • 2010Illinois

Courts

  • Supreme Court of the United States
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Southern District of Illinois

Education

  • DePaul University College of LawJ.D.cum laude2010
    Editor-in-Chief, DePaul Law Review
  • Georgetown UniversityB.A., French2005