Nikki Marcotte’s practice primarily centers on complex commercial litigation and construction law in both federal and state trial courts. They have a broad range of experience representing clients in matters involving white collar defense and government investigations, trade secrets, fraud investigations and litigation, auditor fraud and negligence matters, antitrust cases, contract disputes, business and commercial disputes, employment litigation, product liability issues, consumer protection matters, and class action defense.
Clients turn to Nikki for their collaborative, creative, and pragmatic approach to litigation, focusing on effectively and efficiently resolving issues in a way that addresses their clients’ needs. They are known for their ability to deftly manage cases at all phases of litigation, including those on appeal, and for crafting innovative litigation strategies to realistically achieve clients’ desired outcomes.
Prior to joining the firm, Nikki was a litigation associate at an AmLaw 20 firm in Chicago. There, they represented and counseled large corporate clients through internal fraud investigations, government investigations into various alleged securities law violations, financial regulatory compliance issues, and complex restructuring litigation matters.
In their free time, Nikki loves woodworking, blacksmithing, and martial arts. Nikki also loves spending time with their spouse cooking new recipes, traveling, exploring Chicago’s best thrift stores, entertaining friends and family at dinner parties, and playing with their dog Prima at the dog beach.
Awards and Honors
- Recognized by Super Lawyers as a Rising Star in Business Litigation in 2025 and 2026
- Recognized by the National Association of Women Lawyers as a Rising Attorney in 2024
Professional Organization
- Chicago Bar Association
- Editor-in-Chief of the CBA Record
- Co-Host of the @theBar podcast
- Former Editor-in-Chief of the YLS Journal
- Former Vice Chair of the LGBTQIA+ Committee
- LAGBAC – Chicago’s LGBTQ+ Bar Association
- Trans+ Committee Co-Founder and Member
- National LGBTQ+ Bar Association
- BiLaw Caucus Member
- Multi-year CLE panelist at annual Lavendar Law Conference
- Kansas Bar Association
- Missouri Bar Association
Representative Matters
- Represented large corporate trucking debtor in adversary Chapter 11 litigation regarding approximately $9 billion in withdrawal liability and related claims filed by various multiemployer pension plans, successfully deposing seasoned actuarial experts and drafting the key motions for summary judgment that ultimately reduced these claims by over half.
- Defended major national accounting firm in Florida state court and Vermont federal court in auditor fraud and negligence actions brought by international banks and state insurance regulatory agency, managing all aspects of discovery, factual development, and expert analysis; deposing plaintiff witnesses; and creating strategies to successfully challenge plaintiffs’ claims at summary judgment and trial.
- Deposed over 50 fact and expert witnesses, successfully securing key admissions needed for summary judgment and trial.
- Drafted and argued multiple successful motions to dismiss and summary judgment motions in Missouri and Illinois state and federal courts.
- Drafted several state and federal appellate briefs in various matters related to discrete jurisdiction issues, professional fees disputes, and Illinois mechanics’ lien and public construction contract disputes.
Pro Bono Representation (as part of Representative Matters)
- Represented class of trans and gender nonconforming individuals incarcerated in Illinois state prisons in civil rights lawsuit against state prison officials for their failure to provide adequate gender-affirming care to class members.
- Successfully secured compassionate release of a queer incarcerated woman suffering from terminal cancer in an emergency clemency action filed with the Illinois Prisoner Review Board.
- Represented and counseled Black trans woman incarcerated in Illinois state prison in civil rights action against state prison officials who beat and sexually assaulted client in retaliation for reporting officials for wrongdoing and due to her status as a trans woman.
Publications
- Author, “Editor’s Briefcase: Condemned to Repeat History? Lessons in Fundamental Rights,” CBA Record (March/April 2026)
- Author, “Editor’s Briefcase: Embracing a New Year,” CBA Record (January/February 2026)
- Author, “Editor’s Briefcase: A Song of Hope: Pauli Murray’s Enduring Civil Rights Legacy,” CBA Record (November/December 2025)
- Author, “Editor’s Briefcase: A New Opportunity to Make an Impact,” CBA Record (September/October 2025)
- Author, “Editor’s Briefcase: Kid, You’ll Move Mountains,” CBA Record (July/August 2025)
- Author, “Navigating Illinois’s Newly Admitted Attorney Requirement: A Guide for New Illinois Lawyers,” YLS Journal (January/February 2023)
- Author, “Post-Dobbs Pro Bono Work: Chicagoland LGBTQ+ Advocacy Groups that Need Our Help,” YLS Journal (September/October 2022)
Presentations
- Panelist, “Bisexualawyering: Best Practices in Working with Bi+ Clients, Attorneys, and Staff,” Lavender Law Conference CLE Panel, Washington, D.C. (July 2024)
- Panelist, “LGBTQ+ Workplace Discrimination Protections Across Illinois and the U.S.,” CBA LGBTQIA+ Committee CLE Panel, Chicago (October 2023)
- Panelist, “We Are Here: Living and Lawyering Bisexuality,” Institute for Inclusion in the Legal Profession’s LGBTQ+ History Month Webinar Series, Virtual (October 2023)
- Moderator/Panelist, “Blurring the Binaries,” Lavender Law Conference CLE Panel, Chicago (July 2023)
- Panelist, “Student Debt Forum,” Young Lawyers Section CLE Panel, Chicago (April 2023)
Bar and Court Admissions
- Illinois, 2021
- Kansas, 2019
- Missouri, 2017
- Northern District of Illinois, 2022
- District of Kansas, 2017
- Western District of Missouri, 2017