Rebecca Weinstein Bacon

“She is one of the best trial lawyers that I have ever worked with. She has an ability to talk to a jury in a way that can take a subject matter that would bore the jury and make it interesting because of her enthusiasm.”  – Chambers USA Client's Guide 2023 

Rebecca Weinstein Bacon is a nationally recognized trial lawyer with over two decades of experience trying and litigating complex cases for Fortune 500 companies. Her representations span a broad range of matters, including pharmaceutical products liability claims, antitrust cases, consumer class actions, and commercial disputes.  

Rebecca’s ascent in her career is a product of her propensity for turning her client’s most crucial, high-stakes legal matters into resounding victories, achieving precedent-setting outcomes. While representing Bayer in the WeightSmart litigation, Rebecca successfully appealed a ruling to the Third Circuit and set a new standard regarding class ascertainability in class action lawsuits. She tried one of the only federal consumer class action cases to go to trial, which resulted in a defense verdict for Whirlpool. The plaintiffs were seeking $66M in damages. She tried one of the only "pattern or practice" employment discrimination cases to go to trial brought by the EEOC against Texas Roadhouse. She led a team defending FedEx Ground against sweeping claims by the EEOC relating to their treatment of deaf package handlers, crafting a strategy that led to a favorable settlement.  

Also, Rebecca has been chosen to first chair trials for a major motor carrier company involving some of its most critical matters related to fatal roadside incidents in various states. This includes leading a wrongful death and negligence case for the company that was settled in May 2022 with a favorable result and leading two more cases scheduled for trial in 2023. She also tries cases to arbitrators. Recently, she led a team to victory in three confidential AAA arbitrations concerning breach of contract claims – two cases on the defensive side, the other on the offense. Both matters involved significant damages.  

Regardless of the subject matter, clients view Rebecca’s prowess in the courtroom as their competitive edge. Compassionate but tenacious, she is a skilled legal strategist with a strong command of the courtroom. Her emotional awareness, combined with her business sophistication and acumen, let her interpret and respond to a broad legal landscape, always working towards achieving the best result for her clients. This approach has earned Rebecca peer recognition and many accolades, including repeated recognition on Benchmark Litigation’s "Top 100 Trial Lawyers” and “Top 250 Women in Litigation” lists and being named to the “Notable Women in Law” list by Crain’s Chicago Business. In addition, Rebecca is Chambers ranked in General Commercial Litigation (Illinois) and Product Liability & Mass Torts. Rebecca has also been recognized as one of Lawdragon’s 500 leading lawyers as well as litigators in America. She is one of the Top 50 of Illinois Women Super Lawyers and has been recognized by Who’s Who Legal for her work in Product Liability Defense and well as Commercial Litigation. 

Rebecca served as an adjunct professor at Northwestern University School of Law, where she taught trial advocacy for three years. She has also published and presented on a wide range of topics related to high-stakes litigation. 

In addition to Rebecca’s impressive law career, she is committed to mental health awareness and is a relentless advocate for women in the firm and the broader community. Rebecca is a member of The Chicago Network, which empowers, inspires, and supports the next generation of women leaders, and serves on the board of directors for the Depression and Bipolar Support Alliance, a leading organization focusing on mood disorders. 

Rebecca graduated from Columbia University School of Law as a Kent and Stone Scholar and earned her bachelor's degree from UCLA with honors.

Rebecca named by Crain's as one of Chicago's Most Influential Women Lawyers

Law 360 Interviews Female Powerbroker Rebecca Weinstein Bacon 

Representative Matters

Carling O’Brien v. Emerald Lake Capital Management (Los Angeles County, Cal.)
Lead trial counsel for Emerald Lake and other defendants in litigation related to Ms. O’Brien’s termination for cause from Emerald Lake. Successfully compelled arbitration of Ms. O’Brien’s claims as to the principal defendants and secured stay of the case as to the others.

SmileDirectClub v. Align Technology, Operating Agreement Arbitration
Before hiring Bartlit Beck, SDC won an arbitration against Align (maker of Invisalign®) that required Align to close numerous Invisalign® stores.  In a follow-on Arbitration Bartlit Beck represented Align and obtained a complete defense victory for Align in claims SDC brought asserting that Align had further violated the Operating Agreement between the parties. Rebecca first chaired- this hearing.

Align Technology v. SmileDirectClub, Supply Agreement Arbitration I
First-chaired a team that obtained a complete victory for Align in an arbitration related to Align’s affirmative claims against SmileDirectClub (“SDC”) and SDC’s first counterclaim against Align under the Supply Agreement.  The arbitrator entered an award for $63 million in favor of Align, and the Superior Court for the County of Santa Clara confirmed that award.

Align Technology v. SmileDirectClub, Supply Agreement Arbitration II
Succcessful defense of SDC’s second counterclaim against Align at an arbitration hearing. The Arbitrator issued an award in favor of Align and against SDC.

Align Technology v. SmileDirectClub, False Advertising Case
Based on findings by the arbitrator in the Operating Agreement Arbitration, Bartlit Beck represents Align in a case asserting claims against SDC on the ground that SDC is lying to consumers about the level of supervision dentists and orthodontists provide to patients in SDC’s business. 

EEOC v. FedEx Ground (W.D. Pa.)
Lead trial counsel for FedEx Ground in an enforcement action brought by the EEOC under the Americans With Disabilities Act. EEOC filed claims on behalf of roughly 300 deaf FedEx Ground package handlers from dozens of facilities around the country, alleging that FedEx Ground failed to provide a variety of reasonable accommodations to these employees, such as ASL interpreters at meetings. Bartlit Beck was brought in to take over the matter after nearly a decade of investigation, conciliation, and litigation with EEOC. Along with a team of lawyers from three different firms, Bartlit Beck crafted a strategy that led to a favorable settlement, prior to a single deposition being taken.

Pelvic Mesh Product Liability Litigation
Trial counsel for Ethicon/Johnson & Johnson in defense of lawsuits alleging personal injuries caused by pelvic mesh medical devices. Designated trial counsel in a number of matters set for trial, both in state court and in federal cases remanded by the MDL court for trials around the country.

Confidential Counseling
Advised Fortune 100 company on potential litigation regarding allegations of nationwide gender discrimination.

Pearson Family Foundation v. University of Chicago (N.D. Okla.)
Representing University of Chicago in dispute arising from $100 million grant agreement.

Equal Employment Opportunity Commission v. Texas Roadhouse (U.S. District Court, D. Mass.)
Trial counsel for landmark pattern or practice age discrimination claim brought by EEOC against national restaurant chain. After three-week jury trial in January 2017, case ended in a mistrial because jury was deadlocked after deliberating for one week. Law360 coverage here. Case settled prior to retrial.

In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation (U.S. District Court, N.D. Ohio)
Trial counsel, along with Phil Beck, in bellwether consumer class action trial of plaintiffs' claims of design defect and breach of implied warranty. After three and a half week jury trial, jury deliberated less than two hours before returning complete defense verdict.

Click here to read Bloomberg BusinessWeek article.

Click here to read the American Lawyer article.

Click here to read the Law360 article.

In re Domestic Drywall Antitrust Litigation (E.D. Pa.)
Defended the leading U.S. drywall manufacturer against Sherman Act and state-law price fixing claims brought by twelve of the nation's largest homebuilders. Secured summary judgment on liability in favor of clients United States Gypsum Company and USG Corp. This decision came after the court denied summary judgment to multiple co-Defendants. The case against a distributor subsidiary, L&W Supply, was settled.

YAZ®/Yasmin® Litigation
National counsel and trial counsel for Bayer in litigation alleging personal injuries caused by the oral contraceptives YAZ® and Yasmin®. Cases pending in federal and state courts. MDL in Illinois.

• Schuchert v. Bayer (S.D. Ill.): Selected as trial counsel to represented Bayer in the first stroke case set for trial in the YAZ®/Yasmin® federal multidistrict litigation. Case settled prior to trial.
• Reagh v. Bayer (Court of Common Pleas, Philadelphia County, Pennsylvania): Chosen to first chair second stroke case set for trial in coordinated proceedings pending in state court in Philadelphia. Case settled before trial.

Chicago Loop Parking vs. The City of Chicago 
Trial counsel for the City of Chicago in an arbitration that Chicago Loop Parking (Morgan Stanley) brought against the City in connection with the Millennium Park Garages. Case tried in arbitration and the panel awarded 25% of the amount sought.

In re: Trasylol Litigation
National counsel for Bayer in products liability cases in state and federal court involving Trasylol, a drug used during coronary bypass surgery. Rebecca took and defended key depositions, including expert depositions that led to their Daubert exclusion. 

WeightSmart® Litigation
National counsel for Bayer in consumer fraud class action lawsuits relating to OneADay® vitamins. Successfully defeated nationwide class certification motion under New Jersey Consumer Fraud Act. The district court later certified a Florida-only class. The Third Circuit took the 23(f) appeal and reversed and remanded to the district court based on Bayer's argument that the class was not ascertainable. The plaintiffs petitioned rehearing en banc, but in a 9-4 opinion, the Third Circuit denied the request for rehearing.

Click here to read Law360 article. Click here to read the Third Circuit's opinion.

In re Teflon® Product Liability Litigation
National counsel for DuPont in more than twenty class action lawsuits related to Teflon®-coated cookware. Successfully defeated class certification motion. Court denied plaintiffs' leave for appeal. Cases voluntarily dismissed with prejudice.

Baycol® Litigation
National counsel for Bayer in products liability litigation related to the anti-cholesterol drug Baycol®. Cases pending throughout the country were consolidated in federal court in Minnesota.

Haltom v. Bayer Corp.
Trial counsel for Bayer in products liability case involving Baycol. Plaintiff sought $560 million in actual and punitive damages. After a one-month jury trial in state court in Corpus Christi, Texas, the jury returned a verdict for Bayer on all issues.

DuPont v. Cardinal Healthcare 200, Inc.
Represented DuPont in breach of contract and promissory estoppel case relating to DuPont's business that makes fabric for surgical drapes and gowns. Case settled favorably just before trial.

Hoover v. BISSELL Inc.
Represented BISSELL Inc. in patent infringement and trade dress suit brought by Hoover involving a nozzle configuration for vacuums. Case settled favorably.

B.J. Services v. Halliburton Energy Services
Represented Halliburton in patent infringement case related to methods for fracturing subterranean formations to stimulate oil and gas recovery. Hired to try case ninety days before trial. After month-long jury trial, jury found for B.J. Services and awarded less than 25% of damages sought. 

Residential Funding Corp. (GMAC) v. DeGeorge Financial Corp.
Represented Residential Funding in jury trial in lender liability case involving an agreement to purchase home construction loans. Jury returned a verdict for Residential Funding on all issues and awarded Residential Funding $96 million in damages. Case listed as one of the Top Plaintiffs' Verdicts for 2001 by The National Law Journal.

Hubbell Steel v. Dun & Bradstreet; Gibraltar Steel v. Dun & Bradstreet
Represented Dun & Bradstreet in actions for tort and breach of contract relating to Dun & Bradstreet's reporting services. Case settled favorably.

University of Chicago v. Chou
Defended University of Chicago in suit claiming that a researcher was wrongfully denied credit as co-inventor of herpes vaccine. Case dismissed by federal district court in Chicago. Briefed and argued appeal to Federal Circuit. Case reversed in part and remanded in part. Case settled favorably.

Professional Activities and Community Service

Co-Chair of the Depression and Bipolar Support Alliance 

Board Member of the Center For Work Life Law (University of California Law San Francisco)

Member, The Chicago Network (nominated 2014)

Member, International Association of Defense Counsel (IADC) (2011-present)

Association of Trial Lawyers of America

Adjunct Professor, Northwestern University School of Law, High Tech Trial Techniques 

Acknowledgements, Presentations, and Publications

Alternative Fee Discussion featuring Rebecca Weinstein Bacon from the ABA Journal

Be the Expert Series: Gearing up for Trial-ABA Webinar Section of Antitrust Law, Civil Practice and Procedure and Trial Practice Committees

Plaintiffs Playbook Reprised: How to Best Deal with Past Transgressions and Other Accusations-DRI Drug & Medical Device Conference

Global Women's Leadership Roundtable on Confidence-Tiara Coaching

Trying the class action: Opportunities and challenges for plaintiffs and defendants: Should strategies between class certification briefings and trial be different?-LSI Twelfth Annual Conference on Class Actions (Seattle, WA)

Current State of the Law on Ascertainability and Standing-Consumer Class Action Conference (Orange County, CA)

Client Expectations and How To Assess Value-IADC/FDCC Joint Law Firm Management Conference (Chicago, IL)

Spinning a Yarn: Trial Theme, Selection, and Persuasion in Jury Trials-DRI Products Liability Conference (National Harbor, MD)

Showdown: Products Masters Demonstrate Their Closing Styles (Jury Consultant and Mock Jurors Evaluated Ms. Bacon and two other attorneys perform closing arguments)-DRI Products Liability Conference (National Harbor, MD)

Analyzing Products Liability Trends Outside the U.S.-Coordinating Litigation Efforts Across International Jurisdictions-17th Annual DRI Drug and Medical Device Litigation Conference 

Class Certification Trends and Motions to Dismiss Class Allegations-Second Annual LSI Conference on Litigating Class Actions (Chicago, IL)       

International Discovery: Understanding and Dealing with Foreign Discovery Requirements-ALI ABA Webinar 

Tech Savvy Jurors in a High Tech World: Strategies for Addressing Juror Misconduct-20th Annual IADC Meeting (Asheville, NC)

How the Explosion of Social Media, Cloud Computing and New Forms of DTC Marketing are Changing the Products Liability Playing Field-15th Anniversary Drug and Medical Device Litigation Conference 

Featured in "Facing The Alternative: How Does A Flat Fee System Really Work?"-ABA Journal

Social Media: The Impact on Pharma-Drug and Medical Device Litigation Conference of the American Conference Institute (New York, NY)

Handling Trial Themes in Difficult Cases-Women in Products Liability Conference (Chicago, IL)