Sarah P. Herlihy - Assistant General Counsel

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Sarah P. Herlihy

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Chicago
Phone: +1 312-862-7089
Fax: +1 312-862-2200
Overview News

Professional Profile

Sarah P. Herlihy is the assistant general counsel of Kirkland & Ellis and a partner in the litigation department in Kirkland’s Chicago office. In addition to working on professional responsibility matters for the firm, Sarah has represented a variety of clients in numerous industries and has broad experience in complex commercial litigation, including breach of contract, negligent misrepresentation, fraudulent conveyance, franchise law, and professional malpractice matters. Throughout her career at Kirkland, Sarah has represented various clients including BP, Aon, General Motors, Sun Capital Partners, Inc., Ernst & Young, NES Rentals, and others.


Representative Matters

BP Products North America Structural Steel Litigation. Counsel for BP Products North America in Indiana federal court and Louisiana state court actions asserting breach of warranty, negligence and fraud claims arising from premature degradation of fireproofing material installed on structural steel at BP’s Whiting, Indiana refinery. 

Northrop Grumman Corp. v. Aon. Counsel for Aon in professional liability action arising from Northrop Grumman’s Hurricane Katrina losses at its shipyards in Louisiana and Mississippi.

TIG Insurance Company v. Wexford Underwriting Managers, Inc. Counsel for Wexford Underwriting Managers, Inc., an Aon affiliated company, in Illinois state court matter involving breach of contract/indemnification action.

Miller v. Sun Capital Partners, Inc., et al. Counsel for Sun Capital Partners, Inc. and multiple affiliates in Delaware bankruptcy court adversary proceeding where plaintiff, a Chapter 7 Trustee, has asserted fraudulent conveyance, equitable subordination, and breach of fiduciary duty claims.

Polycom v. Sun Capital Partners V, L.P., et al. Counsel for affiliates of Sun Capital Partners, Inc. in Delaware Chancery Court breach of contract lawsuit arising out of the acquisition of a subsidiary of a telecommunications company.

CalPers, et al. v. Wachovia Capital Markets, LLC, et al. Counsel for Ernst & Young in professional malpractice action in California state court and multi-district litigation in the Western District of Pennsylvania arising out of work performed for a Pennsylvania manufacturing company.

Richard DesPortes v. ERJ Insurance Group, Inc. d/b/a American Heritage Insurance Services, et al.  Counsel for a leading property and casualty insurance company subsidiary in nation-wide class action alleging that client failed to refund unearned fees on plaintiffs guaranteed auto protection contracts after plaintiffs repaid their loans before maturity.

General Motors/Dealer Arbitration Proceedings. Counsel for General Motors in numerous matters that rejected General Motors dealers filed seeking reinstatement after General Motors’ bankruptcy pursuant to Section 747 of the Consolidated Appropriations Act of 2010 (Public Law 111–117).

General Motors Oldsmobile Litigation. Counsel for General Motors in multiple actions that Oldsmobile dealers filed challenging General Motors’ decision to phase out its Oldsmobile Division.


Publications

Note, Amending the Natural Born Citizen Requirement: Globalization as the Impetus and the Obstacle, 81 Chi.-Kent L. Rev. 275 (2006)

Featured in Chicago-Kent Report from the Dean: Six Standout Professionals Reinvent Themselves as Law Students


Prior Experience

Manager of Guest Relations, The Field Museum of Natural History, 2001–2002

Manager of Training and Operational Services, International Theme Park Services, Inc., 1995–2001

Courts

United States District Court for the Central District of Illinois
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