Nicole C.Henning

Partner

(T) + 1.312.269.4158

Nicole Henning leads the Chicago Office's Issues & Appeals Practice and is often called upon to brief and analyze complex and cutting-edge issues facing Jones Day's clients. She has helped clients to successfully navigate all manner of difficult litigation, but particularly focuses on qui tam litigation, white collar criminal cases, products liability cases, class actions, and tax disputes.

Nicole has significant experience in representing clients in nationwide, global settlements of qui tam litigation, developing in-depth knowledge of the damages and liability issues that often arise in False Claims Act (FCA) litigation. She has played a key role in internal investigations concerning alleged violations of the Foreign Corrupt Practices Act (FCPA), the Anti-Kickback Statute (AKBS), and other securities laws and regulations. Although Nicole has successfully briefed appeals in numerous state and federal appellate courts and has successfully argued cases in the Illinois Appellate Court and the United States Court of Appeals for the Sixth, Seventh, and Ninth Circuits, her practice is not limited to appeals. She can be counted on to deliver results in the trial court as well, having litigated cases through every stage from initial pleadings to trial to merits briefing before the United States Supreme Court.

Nicole is a director of Bounce Children's Foundation, an organization that helps chronically ill children and their families. She serves on the Chicago Office's pro bono committee and the National Immigrant Justice Center's Leadership Board. She is a member of the Appellate Lawyers Association and the Seventh Circuit Bar Association.

Experience

  • Boehringer Ingelheim successfully defends FTC "pay-for-delay" investigationThe U.S. Federal Trade Commission ("FTC") ended an 11-year investigation into the settlements of two Hatch-Waxman patent infringement lawsuits between Jones Day's client, Boehringer Ingelheim Pharmaceuticals, Inc., and a generic drug manufacturer.
  • Prisoner wins appeal reversing denial of counsel decision in constitutional caseJones Day represented a prisoner suffering from mental illness and learning disabilities who sought the assistance of counsel to litigate his constitutional claims against Wisconsin prison officials.
  • Appellant prevails in Seventh Circuit prisoner-rights appealJones Day successfully represented the appellant in a prisoner-rights case in the Seventh Circuit Court of Appeals.
  • Pharmaceutical manufacturer obtains dismissal with prejudice of pharmaceutical products and medical malpractice lawsuitA pharmaceutical manufacturer represented by Jones Day obtained an Illinois Appellate Court decision rejecting a plaintiff’s attempt to revive a product liability lawsuit that the trial court had previously dismissed with prejudice.
  • Scholars file amicus brief in Ninth Circuit related to executive order on immigrationJones Day filed an amicus brief on behalf of a group of constitutional law scholars to assist the Ninth Circuit as it considered whether to grant an emergency stay of a temporary injunction entered by the District Court for the Western District of Washington.
  • Expedia, Hotels.com, Egencia, and Hotwire prevail on summary judgment in hotel tax caseJones Day recently secured an important summary judgment victory for Expedia, Inc. (WA), Hotels.com, Egencia, and Hotwire, Inc. on claims brought by Illinois municipalities for allegedly unpaid hotel occupancy taxes.
  • Illinois American Water and American Lake Water obtain dismissal of breach of contract actionOn June 2, 2016, Jones Day clients Illinois-American Water Company and American Lake Water Company obtained a dismissal of a breach of contract action.
  • AbbVie and TAP Pharmaceuticals obtain Sixth Circuit affirmation of dismissal of product liability lawsuitJones Day clients AbbVie Inc. and TAP Pharmaceuticals, Inc. obtained Sixth Circuit affirmation of a federal court decision dismissing with prejudice a product liability lawsuit in which the plaintiff alleged injuries from the drug Lupron, on statute of limitations and other grounds.
  • Immigrant obtains Ninth Circuit decision holding that written perjury under California Penal Code § 118 does not involve moral turpitudeOn March 10, 2016, The United States Court of Appeals for the Ninth Circuit reversed a Board of Immigration Appeals ("BIA") decision adverse to Jones Day client MR, a citizen of El Salvador.
  • Fortune 500 medical device company conducts mock dawn raidJones Day devised and conducted a mock dawn raid and training at the Brazilian headquarters of a U.S.-based Fortune 500 medical device company.
  • Technology provider settles False Claims Act appellate litigationJones Day represented one of the largest U.S. providers of technology equipment and services in a federal appeal regarding False Claims Act (FCA) litigation.
  • Abbott prevails on appeal of first products liability trial involving LupronOn behalf of Abbott Laboratories, Jones Day successfully defended an appeal of Abbott's trial victory in the first-ever products liability trial involving the drug Lupron.
  • Citizen of Florida Hank Asher obtains reversal of adverse personal jurisdiction ruling in Michigan Court of AppealsOn September 15, 2011, the Michigan Court of Appeals dismissed a case against Jones Day client Hank Asher for lack of personal jurisdiction, reversing a contrary ruling by the Berrien County Trial Court.
  • SAP's $1.3 billion jury award vacatedIn November 2010, Jones Day defended SAP AG, SAP America, Inc. and TomorrowNow, Inc. in an Oakland federal trial that was limited to the amount of damages to be awarded on Oracle's copyright claims.
  • Client charged with identity theft finds some relief through the discovery of mitigating circumstancesIn December 2010, the State's Attorney's Office charged SS with identity theft and attempted identity theft, alleging that she tried to withdraw funds from someone else's bank account using the account number and a fake driver's license.
  • Minister and putative class of inmates represented in religious discrimination caseA Jones Day team led by Caroline Mitchell and David Kiernan in the San Francisco office, with support from Matthew Silveira and Michael Scott in the San Francisco office, and Nicole Massey and Dennis Murashko in the Chicago office, is litigating a case on behalf of a Wiccan minister and a putative class of Wiccan/Pagan inmates who are adherents of Wicca and other Pagan religions.
  • Kos Pharmaceuticals favorably resolves allegations of antikickback violations and off label marketingJones Day client Kos Pharmaceuticals, Inc. was accused in multiple qui tam lawsuits throughout the United States of various misconduct during the years 2001-2006.
  • Alaskan legislator obtains favorable ruling from U.S. Supreme Court, narrows reach of honest services fraud statuteOn June 24, 2010, the United States Supreme Court ruled in favor of Jones Day client Bruce Weyhrauch, a former Alaska state representative who was accused of committing a federal fraud because he did not disclose that he was seeking employment from a company with an interest in a tax law bill pending before the state legislature.
  • Abbott obtains favorable North Carolina Supreme Court ruling involving revocation of opposing counsel's pro hac vice admission to practice in pending products liability caseOn June 17, 2010, the North Carolina Supreme Court ruled in favor of Jones Day client Abbott Laboratories, holding that the trial court acted within its discretion when, in response to Abbott's motion to disqualify plaintiff's counsel, it revoked plaintiff's counsel's pro hac vice admission to practice before a North Carolina trial court.
  • EMCORE victorious in Federal Circuit appeal of fiber optics patent disputeJones Day obtained a favorable judgment for EMCORE Corporation at the Federal Circuit, upholding a District Court summary judgment that affirmed the validity of EMCORE patents related to the transmission of information through fiber optic cables.
  • Speaking Engagements

    • August 3, 2017
      Supreme Court in Review, CLE Presentation to General Counsels of Illinois Agencies
    • June 1, 2017
      Cross-Border Investigations, JD University
    • February 23, 2017
      U.S. Business Outlook in the New Administration Transition in the Legal Trenches: How Trump Appointees Could Shape the Judiciary and Influence Enforcement Priorities
    • June 30, 2016
      Yale Law School Alumni Association Supreme Court Watchers Panel
    • June 30, 2016
      Chaos in Nexus Land
    • May 5, 2016
      Office of the Governor - General Counsel's Office, CLE panelist, Supreme Court Review: October Term 2015 and Beyond
    • July 31, 2015
      Down to Business: A Tour of Recent Supreme Court Rulings All Young Lawyers Need to Know About, American Bar Association Annual Conference Young Lawyer's Division Panel
    • October 24, 2012
      Issues & Appeals - Supreme Court Review
    • October 18, 2011
      Issues & Appeals – Supreme Court Review
    • October 6-7, 2010
      Issues & Appeals – Supreme Court Review
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