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William D. O'Donaghue
Partner
wodonaghue@kftrlaw.com
Practice Areas
Mr. O’Donaghue concentrates his practice in alcoholic beverage law, hospitality law, and public policy issues, particularly economic development.
Mr. O’Donaghue has over twenty years of experience in the alcohol beverage industry as a private attorney and government regulator. His practice focuses on all aspects of alcohol beverage law, including but not limited to transactions, regulatory matters, legislative matters, and licensing. His experience has given him a unique perspective and knowledge regarding all areas of the industry.
Mr. O’Donaghue has extensive experience in negotiating, crafting, and developing state-based incentive packages for corporations, large and small. While serving as the Acting General Counsel/Deputy General Counsel to the Department of Commerce and Economic Opportunity, he worked on state incentive packages for Ford Motor Company, Chrysler, Centerpoint Properties, and numerous others. His experience includes drafting legislation such as the Small Business Jobs Tax Credit, and providing counseling to the Participation Loan Program. He served as counsel to the Illinois Film Office on issues related to major film productions such as The Dark Knight, The Informant!, and Transformers, as well as numerous smaller film, television, and commercial productions.
Professional Associations & Affiliations
Mr. O’Donaghue is a member of the Illinois Licensed Beverage Association, the Illinois Restaurant Association, and the National Conference of State Liquor Administrators.
Education/Work History
J.D., Chicago-Kent College of Law, 1985
B.A, Political Science-Economics, Boston College, 1979
In January of 1990, Mayor Richard Daley appointed Mr. O’Donaghue to the City of Chicago License Appeal Commission. As chairman of the three-member administrative law panel, Mr. O’Donaghue handled a large docket of cases. The number of cases handled by the Commission grew from 24 in 1989 to over 180 a year starting in 1990. The caseload increased because of a new Liquor Dealer Ordinance passed by the City Council. While on the Commission, Mr. O’Donaghue was tasked with the job of implementing the new law. Many of his rulings and decisions are still being used as precedent today, and were upheld on appeal to the Circuit Courts and the Illinois Appellate and Supreme Court. His experience on the Commission gave him a comprehensive view into the retail operations of the industry.In January of 2004, Mr. O’Donaghue joined the Illinois Liquor Control Commission as its Chief Legal Counsel. As Chief Counsel, Mr. O’Donaghue served as the main legal advisor to the Commission. He oversaw management of the appeals docket, enforcement citations, and revenue cases. During his time with the Commission, enforcement actions increased significantly, resulting in a more level playing field for all tiers of the industry. This was accomplished by Mr. O’Donaghue’s actively working with the Commission’s Field Agents to aggressively investigate violations of the Liquor Control Act. His increased enforcement efforts led to the payment of the largest fine ever to the Commission. Additionally Mr. O’Donaghue was responsible for analyzing and crafting legislation. He was the State’s main negotiator of the legislation that implemented the Granholm decision. As a point person, Mr. O’Donaghue worked closely with all sectors of the industry, including IGGVA, ABDI, WSDI, the Wine Institute, IRMA, ILBA, and the Legislature. He was one of the chief architects and drafters of the legislation. The legislation preserved the right of Illinois wineries to self-distribute and to direct ship to consumers, and passed without opposition. It also protected and preserved the tenets of the three-tier system.
Mr. O’Donaghue was the Acting General Counsel/Deputy General Counsel to the Department of Commerce and Economic Opportunity (DCEO) from June 2007 until October 2010. The Department is the principal granting agency and economic development agency for the State of Illinois. In this capacity, Mr. O’Donaghue supervised and provided legal services to the Department’s various bureaus, including the Illinois Film Office, the Illinois Board of Tourism Office, the Department’s Business Development Program, and all of the related grant, tax incentive, and loan participation programs, the Office of International Trade Investment, Renewable Energy Programs, Coal Development, Workforce Development, and other programs. While at DCEO, Mr. O’Donaghue was instrumental in the drafting and working on key components of Governor Quinn’s economic development program. In particular, Mr. O’Donaghue worked on and assisted in drafting the tax credit program, commonly known as Auto EDGE, which has helped to revive the Illinois automotive industry. He also worked on and drafted the Small Business Jobs Tax Credit program, as well as providing advice and counsel on numerous other economic development projects.
Mr. O’Donaghue returned to private practice in November of 2010 and joined the firm of Kubasiak, Fylstra, Thorpe and Rotunno, P.C. in 2011.
Speaking Engagements
Mr. O’Donaghue has been a regular presenter and speaker at conferences and symposiums regarding the regulation of alcoholic beverages. Some of the groups he has presented to include the National Conference of State Liquor Administrators, the National Alcohol Beverage Control Association, the CLE Wine Beer and Spirits Legal symposium, an advisory committee to then New York Governor Eliot Spitzer, the Associated Beer Distributors of Illinois, the Illinois Licensed Beverage Association, the Illinois Grape Growers and Vintners Association and others.
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