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 and try it 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 agenices.

Mitch has more than fifteen years experience as an arbitrator and currently serves on the Complex Commercial Case Panel for the AAA and as a public arbitrator for FINRA.  Mitch has served as an arbitrator in more than 100 cases and is often selected to chair the proceedings.

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

Mitch is a member of the Federal Bar Association and the Chicago Bar Association and is a past Chair of the CBA's Civil Practice Committee. He is a member of the Chicago International Dispute Resolution Association.  He is also 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

• "Illinois Civil Practice: Preserving the Record During Trial," Illinois Institute of Continuing Legal Education (IICLE), Co-Author (2009) 
• "Illinois Civil Practice: Motions at the Close of the Evidence," Illinois Institute of Continuing Legal Education (IICLE), Co-Author (2009) 
• "Protecting the Natural Cost Advantages of Arbitration," American Bar Association In-House Litigator, 2008 PDF
• "Smart Evidence: Commercial Litigation," Illinois Institute of Continuing Legal Education (IICLE), 2006  PDF
• “Contracts for the Benefit of a Third Person,” Chapter 10, Illinois Law of Contracts, Illinois Institute of Continuing Legal Education (IICLE), April 2006  PDF
• “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

• Tunnell Consulting, Inc. v. KPS Special Situations Fund II LP, Circuit Court of Cook County, Illinois, Law Division, No. 05 L 12960 (2006)
• Jerry Summers, et al. v. State Street Bank & Trust Company, United States Court of Appeals for the Seventh Circuit, No. 05-4317
• GG/DH LP, Inc. vs. Tires, Ltd., No. 04-15571 (FL. Circuit Court 2006)
• C.H. Robinson Worldwide, Inc. v. Command Transportation, LLC, et al., United States District Court for the Northern District of Illinois, No. 05 CV 3401 (2006)
• Allscripts, LLC v. Manhattan Management Services, Inc., et al., United States District Court for the Northern District of Illnois, No. 05 C 3442 (2006)
• Recognition Communications, Inc. vs. American Automobile Association, Inc., No. 03 CH 12733 (IL Chancery Div. 2005)
• Foot Locker vs. Travelers Insurance Company (NY 2005)
• James J. Christie v. McDermott Will & Emery, et al., Circuit Court of Cook County, Illinois, No. 03 L 01328 (2004)
• Michigan Energy Exchange, L.L.C. v. TransCanada Gas Services, Inc., No. 03 CV 0027 (USDC W.D. MI 2003)
• Suburban Heights Medical Center v. Karen Will, No. 03 CH 01903 (IL Chancery Div. 2003)
• RSM McGladrey, Inc. vs. John Doe, et al., (JAMS) (Mediation relating to agreements prohibiting the solicitation of employees)
• First Merit Realty Services vs. Amberly Square Apartments, et al. (AAA Arbitration) (Action to enforce agreement relating to the sale and management of ten apartment complexes)

MEDIA COVERAGE

• 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?