Andrew T. McClain

Associate

Overview

Andrew T. McClain is an associate with Foley & Lardner LLP, where he is a member of the firm’s Bankruptcy & Business Reorganizations Practice. He concentrates his practice on creditors’ rights, out-of-court workouts and restructuring and commercial litigation.

Andrew has represented secured lenders, special servicers, government-sponsored enterprises, equipment suppliers, and a court-appointed receiver for the Securities and Exchange Commission. His experience includes all facets of creditors’ rights, including judicial and non-judicial commercial foreclosures, receiverships and Article 9 sales. Andrew regularly counsels clients on insolvency and collections issues, commercial lending, distressed real estate and special servicing.

In addition, Andrew represents clients in a wide variety of commercial litigation, including real estate litigation, business disputes, and construction litigation. He routinely litigates cases in both state and federal court. Andrew successfully enforces and defends his clients’ rights at all stages of litigation, including complicated discovery disputes, dispositive motions, state and federal appeals, and leading his clients through mediations and settlements.

Representative Experience

  • SEC v. EquityBuild, Inc.: Represent multiple secured real estate lenders and special servicers in federal Securities and Exchange Commission receivership.
  • SEC v. Morgan: Represent government-sponsored enterprise in connection with federal Securities and Exchange Commission receivership.
  • SEC v. Northridge Holdings, Ltd.: Represent government-sponsored enterprise in connection with federal Securities and Exchange Commission receivership.
  • SEC v. Illinois Stock Transfer Company: Represented court-appointed receiver for Securities and Exchange Commission in connection with stock transfer agent receivership.
  • SEC v. Gina Champion-Cain: Represent multiple secured commercial real estate lenders in connection with federal Securities and Exchange Commission receivership.
  • WBCMT 2003-C9 Island Living LLC v. Swan Creek Limited Partnership: Represented special servicer in commercial foreclosure and obtained favorable decision regarding assignment of rents post-redemption from Sixth Circuit Court of Appeals.
  • Hooper Holmes, Inc.: Represented debtor in chapter 11 reorganization of healthcare company.
  • Jack Cooper Ventures, Inc.: Represented successful stalking horse bidder of transportation and logistics provider that is the largest over-the-road finished vehicle logistics company in North America.
  • Represent national property restoration company enforcing its mechanic’s lien rights.
  • Represent secured lenders in all phases of commercial litigation pursing breach of note and guaranty claims as well as out-of-court workouts and restructuring.
  • Special Servicers and Government-sponsored enterprise: counsel to special servicers and government-sponsored enterprise in commercial litigation matters, commercial foreclosures, and out-of-court workouts and restructurings.
  • UCC Sales: Counsel to secured lenders in multiple Article 9 sales.

Publications

  • Author, “Establishing Diversity When a Trust Is Involved,” Law360 (June 2018)

Recognition

  • Selected for inclusion in the Illinois Super Lawyers - Rising Stars® list (2019 and 2020)
  • Named The Best Lawyers in America® Ones to Watch (2021)

Education

  • Michigan State University College of Law (J.D., cum laude)
    • Associate editor for the Michigan State Law Review
  • Fordham University (B.S.)

Admissions

  • Illinois
  • Michigan
  • U.S. District Court
    • Northern District of Illinois
    • Eastern District of Michigan
  • U.S. Court of Appeals for the Seventh Circuit