Mitchell L. Marinello

BIOGRAPHY

Mitchell L. Marinello is a veteran trial attorney who represents individuals and businesses in a variety of litigation and arbitration matters.  Mitch also provides advice and counseling to clients who are thinking about bringing a lawsuit, anticipate being sued or are trying to avoid litigation.

Although clients' interests are frequently better served through settlement rather than through full-blown litigation and trial, Mitch is an experienced trial attorney, and he is ready to aggressively defend or prosecute a case through trial whenever that approach is necessary or advantageous.  Mitch has successfully tried cases or other evidentiary proceedings in the state, federal and bankruptcy courts of Illinois and also in Iowa, Florida, Louisiana, Michigan, New York, Pennsylvania and Texas.  Mitch also has presented cases before the American Arbitration Association, the Financial Industry Regulatory Authority and the Chicago Board of Options Exchange.

Mitch's clients have included business executives, small business owners, real estate developers, manufacturing companies, chemical companies, energy companies, accounting firms, law firms, medical organizations, retail chains, and federal and state governmental agencies.

Mitch has more than fifteen years experience as an arbitrator and currently serves on arbitration panels for the American Arbitration Association, the Financial Industry Regulatory Authority, the National Futures Association and the CPR International Institute for Conflict Prevention & Resolution. Mitch has served as an arbitrator in well over 100 cases and is often selected to chair the proceedings.  Mitch is also a member of the Chicago International Dispute Resolution Association and serves as a private mediator.

For a period of ten years, Mitch served as the Managing Partner of Novack and Macey.  Mitch is the Editor of Litigation Review, a legal periodical published by Novack and Macey, and the firm's chief representative to the Integrated Advisory Group International, an international association of law, accounting and business consulting firms.

Mitch serves as a Director of the Chicago Chapter of the Federal Bar Association, is a member of the Chicago Bar Association where he served as a past Chair of the Civil Practice Committee, and is a member of the Litigation and Labor and Employment Committees of the American Bar Association. Mitch is a volunteer for the Canzonetta Youth String Chamber Orchestra in Evanston, Illinois.

Mitch and his wife, Nancy Young, a surgeon at Children's Memorial Hospital, live with their three children in Wilmette, Illinois.

EDUCATION

• Wesleyan University (B.A. 1976), with Honors, Magna Cum Laude
• The Thomas J. Watson Foundation (Fellow, 1976-1977)
• New York University Law School (J.D. 1980), Senior Writing Editor for the Moot Court Board

BAR ADMISSIONS

• Illinois
• New York
• Trial Bar of the United States District Court for the Northern District of Illinois

SPEECHES AND PUBLICATIONS

• "The Collapse of the Auction Rate Securities Market," October 2009 
• "Obtaining Discovery From Non-Parties Under the Federal Arbitration Act," Presentation at ABA Annual Meeting, Chicago, IL, August, 2009 
• "Smart Evidence: Commercial Litigation," Illinois Institute of Continuing Legal Education, August 2009  
• "Controlling the Cost of Arbitration in Commercial Cases," Presentation sponsored by the ADR Committee of the Chicago Bar Association, April, 2009 
• "Illinois Civil Practice: Preserving the Record During Trial," Illinois Institute of Continuing Legal Education, (2009) 
• "Illinois Civil Practice: Motions at the Close of the Evidence," Illinois Institute of Continuing Legal Education, (2009) 
• "Protecting the Natural Cost Advantages of Arbitration," American Bar Association In-House Litigator, 2008 PDF
• “Contracts for the Benefit of a Third Person,” Chapter 10, Illinois Law of Contracts, Illinois Institute of Continuing Legal Education, September 2008  
• “Playing Nice: Noncompete Terms in Physician Employment Agreements,”Medical Group Management Association Connexion, February 2005  
• “Does A Stranger To A Contract Acquire Any Rights Under It? A Primer on Third-Party Beneficiary Law,” 2005  
• “Obtaining TROs and Preliminary Injunctions,” 2004  
• “Disputes About Common Area Maintenance Charges," 2001  
• “Recent Supreme Court Rulings on the Americans with Disabilities Act,” The Trial Lawyer’s Guide, Vol. 43, No. 2, 1999  
• “Expanding Illinois’ Service of Process on Individuals," CBA Record, July/August, 1991  

REPRESENTATIVE CASES

• Cherney vs. Heidrick & Struggles, Inc., (IL Law Div) (prosecute action for damages resulting from termination of employment)
• Lucky JJC, Inc. vs. Gurnee mills Operating Company, LLC, (IL Chancery Div.) (prosecute action to challenge exercise of option to purchase building)
• Allscripts LLC vs. Manhattan Management Services, et al., (N.D. IL) (prosecute action to enforce software license)
• Tunnell Consulting, Inc. vs. KPS Special Situation Fund LP, (IL Chancery Div.) (prosecute action to enforce oral contract for consulting fees and commission)
• Elgin Improvements, LLC v. Card N'Camera, (IL) (prosecute action to enforce shopping center lease)
• United Laboratories, Inc. vs. Nick Savaiano, et al., (N.D. IL) (defense of claim alleging negligence in structuring of ESOP transaction and in legal advice re the post-sale management of a manufacturing company)
• Fitch, et al. vs. McDermott Will & Emery, LLP, (IL Law Div.) (defense of claim alleging negligence in estate planning)
• Herro et al. vs. Lyric Hale Hughes, et al., (IL Law Div.) (defense of case alleging breach of fiduciary duties to investors)
• GG/DH LP, Inc. vs. Tires, Ltd., (FL Circuit Court) (defense of action for specific performance of an agreement to sell a building)
• C.H. Robinson Worldwide, Inc. vs. Command Transportation, LLC, et al., (N.D. IL) (defense of claim arising under the Computer Fraud and Abuse Act and state unfair competition laws)
• Michigan Energy Exchange, LLC vs. TransCanada Gas Services, Ltd., (W.D. MI) (defense of claim alleging breach of gas supply contract)
• Hoppa, et al. vs. Great Western Business Services, et al., (N.D. IL) (defense of class action asserting claims under TCPA and IL Consumer Fraud Act)
• Recognition Communications, Inc. vs. American Automobile Association, Inc., (IL Chancery Div.) (defense of class action alleging misrepresentation in connection with circulation and advertising rates)
• Summers, et al. vs. State Street Bank & Trust Company, (N.D. IL) (defense of class action relating to investments made by Trustee of United Airlines ESOP)
• Dumas v. Angus Chemical (La. Dist. Ct.) (defense of class action arising from a major explosion at chemical manufacturing plant)
• Vacala Construction Company vs. Illinois Capital Development Board (defense of suit concerning the construction of a library building at Chicago State University)

MEDIA COVERAGE

• Novack and Macey Attorneys Again Selected as Super Lawyers and Rising Stars
• Novack and Macey Partners Marinello and Miller Publish Guidelines for Trying Cases in Illinois
• Novack and Macey Attorneys Are Super Lawyers and Rising Stars!
• Novack and Macey to host the IAG International Conference October 2-4, 2008
• Elgin Improvements LLC vs. Ray Remzi-Useimi
• Oaks Improvements LLC Development vs. Lucky Fella, LLC
• Copyright Trial Leads to Favorable Settlement
• 9 out of 10 Novack and Macey Partners Named “Leading Lawyers”
• Novack and Macey Joins International Organization
• Is Liability Lurking in Your Safety Rules?