• Lawdragon Top 500
    Litigators in America (2005)

legal scholarship

My career as a litigator encompassed a broad range of interesting legal topics.

I first encountered labor and employment law as a fledgling commercial litigator. This was just as revolutionary changes in employment law and practice were beginning to take shape. My many assignments in commercial litigation, which continued throughout my legal career, covered a remarkably wide range of different areas of the law and many industries. A number of the papers included here may be somewhat out of date, but could still serve as a useful point of departure.

I am launching a blog devoted to capturing developments in the law of remedies and damages, particularly under Illinois law, both in the employment and in the commercial litigation arena. The focus will be on cases that affect active litigation issues.

The reason I chose this topic is that damage issues have an unusually significant and yet overlooked role in helping cases to reach settlement. Almost always, lawyers and clients are most heavily focused on the dispute over liability. But a necessary step in formulating a demand or offer is knowing what recovery is possible if there is liability. That is a matter on which there is much to consider in the law governing damages.

The information on this site is designed as a research tool for attorneys, and not as legal advice. No reader should rely on these papers or the blog as legal advice or as anything other than a legal research tool.

Seminar Speaker: American Bar Association, Illinois State Bar Association, Pennsylvania Bar Association, Chicago Bar Association, College of Labor & Employment Lawyers, Illinois Institute for Continuing Legal Education, Practising Law Institute, National Employment Lawyers Association, Northwestern Univ. Law School, Loyola Univ. Law School, DePaul College of Law, National Academy of Arbitrators and various private seminar providers.

recent programs

Mike was one of four leaders of a lengthy presentation and group discussion on mediation ethics at the annual meeting of the Association of Attorney-Mediators in May of 2012, held here in Chicago.  Mike participated in planning and organizing the program as well.  Mike also led a session for an Illinois Chapter meeting

Mike spoke at two NELA programs in 2012.  In April, he spoke on arbitration of employment cases at the “ABC’s of Alternative Dispute Resolution In Employment Cases” Conference in Seattle and in June, spoke on “The Ties That Bind,” a program in restrictive covenants at the NELA Annual Convention.

Mike spoke on Mediation/ADR Strategies for the McDonalds 2012 Tort Litigation Group’s Annual Claim & Litigation Seminar in September of last year, speaking on the topic for just under an hour. The event gathered litigation attorneys who represent McDonalds from around the country for two days of presentations,

Mike was a featured speaker at Bridgeport’s first Chicago conference on Wage & Hour Class Actions, a day long program covering a range of issues arising in such cases.  The program was chaired by Joe Tilson of Meckler Bulger Tilson Marick & Pearson.  Mike spoke on “Mediation and Settlement” along with panelists Doug Werman or Werman Law Offices and Elizabeth McRee of Jones Day.

Mike handled presentations at Teresa Frisbie’s Loyola Law School class on mediation both in the Spring and the Fall, providing tips and leading discussion with law students in the class.

upcoming events

IICLE Basic Skills program—late this year or early next year, IICLE will be doing a Labor & Employment Law basic skills program for newer lawyers or lawyers unfamiliar with the field.  Mike will be one of four Illinois lawyers selected to present on the program.

IICLE Labor & Employment Law Program—On March 15, 2013, the annual IICLE update of this area of law will take place in Chicago.  Mike will be speaking to the general group on “Retaliation” cases and in an afternoon workshop on Non-Compete Agreements.

Mike will be authoring an update to his chapter on “Partners and Minority Shareholders” for the IICLE Employment Termination Handbook supplement to be published early in 2013.  The handbook, which Mike initially proposed to IICLE and organized back in the 1980’s, has contained this chapter since it was first published almost 25 years ago, with Mike writing all of the supplements and revised chapters.  The chapter is 100 pages long and covers a host of issues involved in partnership and internal corporate disputes, focusing on Illinois law but including significant material from Delaware law as well.