Jessica Heckinger Nowak, Of Counsel

Biography

Jessica Heckinger Nowak focuses her commercial litigation practice in the medical device and healthcare industry, intellectual property, employment, and real estate disputes. Her clients have ranged from some of the world’s largest corporations to privately held companies and individuals.

Jessica has practiced in federal, state, and appellate courts, as well as arbitration hearings litigating a wide variety of matters. She has experience in a variation of disputes such as licensing, actions seeking to enforce restrictive employment covenants, trade secrets, breach of contract, defending actions for breaches of fiduciary duties, intellectual property and trademark, patent, securities litigation, litigation related to real estate transactions, and employment. Jessica also has practiced in bankruptcy court, where she has prosecuted landlord commercial lease rights and litigated post-petition claims.

In each matter, she works collaboratively with her clients to develop a deep understanding of their needs, goals, and operations to maximize her ability to effectively and efficiently represent them, while striving to minimize interruption of their businesses.

Jessica's recent representative experience includes:

Medical Device and Healthcare Industry

  • Served as counsel to one of the world's largest medical device companies for more than a decade, advising and representing them in a wide range of disputes, including royalty licensing disputes; breach of contract litigation; restrictive covenant litigation; litigation arising from various other commercial disputes; and licensing agreement disputes.
  • Represented a medical device company in royalty licensing disputes where the Plaintiffs sought nine figures in royalties. The matters involved complex contract and intellectual property issues and they proceeded to multi-week arbitrations, where the client prevailed on all counts.
  • Won a dispute on behalf of a medical device manufacturer as to whether payments to a consulting surgeon under a licensing agreement violated the Anti-Kickback Statute because the remuneration exceeded the fair market value of the surgeon’s services.
  • Obtained a favorable settlement for a medical device manufacturer in a dispute with a Group Purchasing Organization regarding the pricing of medical devices.
  • Defended a medical device manufacturer in a dispute with a distributor regarding the alleged breach of an asset purchase agreement.
  • Represented multiple leading healthcare IT and software companies in various disputes with healthcare providers, such as disputes for breaches of contract related to equipment failure or for failing to properly submit bills to Medicare or Medicaid.

Intellectual Property

  • Represented an x-ray tube manufacturer in seeking a preliminary injunction in federal court in a patent infringement dispute, resulting in a favorable settlement for the client.
  • Represented a one of the world’s largest luxury goods conglomerates and its subsidiaries in multiple trademark and licensing disputes.

Employment

  • Defended eight employees in an action for a TRO and preliminary injunction seeking post-employment restrictions in federal court, including preparing testimony for the preliminary injunction hearing, drafting responses to expedited interrogatories, and drafting supporting affidavits.
  • Represented an x-ray tube manufacturer in a misappropriation of trade secrets claim against a competitor and three former employees, resulting in a favorable settlement for the client.

Real Estate

  • Defended a REIT in a federal court action arising from a failed commercial real estate transaction, a resulting in a successful dismissal of the majority of claims against the client, and a favorable settlement on the remaining claims.
  • Represented a REIT in an action to terminate a purchase agreement due to the changed condition of a multi-family residential real estate property as a result of COVID-19.

Legal Services

Education and Honors

  • DePaul University College of Law (J.D., cum laude, 2006)
    • DePaul University Law Review, member
    • Phi Delta Phi Honors Society
  • University of Illinois (B.S., highest distinction, 2003)
    • Bronze Tablet Recipient

Bar Admissions

  • Illinois

Court Admissions

  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. Court of Appeals, 7th Circuit

Professional and Civic Activities

  • Rehabilitation Institute of Chicago, Bearcat Ball Planning Committee, co-chair, 2011

Professional Recognition

  • 40 & Under Hot List, Benchmark Litigation, 2018-2020