Mitchell Marinello

Mitch is a trial lawyer with over 35 years of experience in handling business and professional disputes in the courts and through arbitration and mediation. He provides his clients with services...

Experience

Mitch is a trial lawyer with over 35 years of experience in handling business and professional disputes in the courts and through arbitration and mediation. He provides his clients with services ranging from skilled representation in court and arbitration to practical advice on how to comply with the law, improve business practices, or resolve a dispute at a reasonable cost.

For ten years, Mitch served as the Managing Partner of Novack and Macey, LLP.

Work History

Windels Marx Davies & Ives, N.Y., N.Y. (1980-1984); Levy & Erens, Chicago, (1985); Novack and Macey, LLP (1985 to present)

License(s)

Mitch is a licensed member of the bar in Illinois and New York. He is admitted to practice in the Second and Seventh Circuit Courts of Appeals, the Northern and Central Districts of Illinois, the Southern and Eastern Districts of New York, and the Western District of Michigan.

Education

Wesleyan University (B.A. 1976), with Honors, Magna Cum Laude; The Thomas J. Watson Foundation (Fellow, 1976-1977)(studying British Labor Policy); New York University Law School (J.D. 1980), Senior Writing Editor for the Moot Court Board. Mediation Skills Training program (40 hours) given by the Northwestern University School of Professional Training (2014).

Publications

Recent ADR-Related Publications: •“Federal Court Denies Injunction Against Zoom Hearing,” published by the American Bar Association, Litigation Section, ADR Website (hereinafter “ABA”) May 10, 2021; “Federal Court Confirms Emergency Arbitrator’s Interim Injunction,” ABA, February 10, 2021; “Monster and Olympic: Still in a Jam?,” ABA, January 13, 2021; “Illinois Federal District Court Confirms FINRA Award,” ABA, November 10, 2020; “Employment Award Vacated for Manifest Disregard of the Law, ABA, September 9, 2020;” “Michigan Court Refuses Arbitration of Sexual Harassment Claim,”, December, 2019; “U.S. Discovery Not Available in Foreign Enforcement Proceedings,” ABA, November, 2019; “New York Law Prohibiting Arbitration of Sexual Harassment Claims Is Preempted,” ABA September 12, 2019; “Petrobas Decision Rejects Allegations of Arbitrator Bias”, ABA on July 24, 2019; “Debt Collector Waived Right to Arbitrate?”, ABA, May 1, 2019 “District Court Defers to Appellate Arbitration Panel,” ABA on April 3, 2019; “What Will They think of Next?,” ABA, February 27, 2019; “Supreme Court Says ‘Wholly Groundless’ Argument Is Just That,” January 16, 2019; “Ethics Missteps Lead to Award Being Vacated,” ABA, December 6, 2018; “Judgment Confirming Award Is Reversed Due to Hague Convention,” ABA, August 12, 2018; “Are Truck Drivers Exempt From the FAA When Classified As Independent Contractors?,” June 6, 2018; “Arbitrator Has Authority To Make Summary Dispositions,” ABA, April 19, 2018; “Mixing It Up: Did We Mediate or Arbitrate?” ABA, March 19, 2018; “Can an Arbitrator Certify an Opt-Out Class?,” ABA, December 18, 2017; “Jury Finds For JAMS in Resume Padding Case,”, September 1, 2017; “President Appoints Philip A. Miscimarra NLRB Acting Chairman,” ABA, February 16, 2017; “Supreme Court Agrees to Clarify FAA vs NLRB Issues,” ABA, February 1, 2017; “Client Loses Claim That Arbitration Agreement with Attorney Violates IL Public Policy,” ABA, January 20, 2017; “Law Firm’s Refusal to Pay Former Client’s Arbitration Fees Subject It to Litigation,” ABA July 18, 2016; “Second Circuit Reinstates Brady’s Suspension” April, 2016; “Oregon Court Blocks Use of Certain Mediation Statements In Malpractice Case,” February, 2016, “Law Firm’s Mandatory Arbitration Clause Ruled Unenforceable”, ABA, January, 2016;

Awards

The ADR website that Mitch edits was awarded the ABA’s Best Website for 2016. Mitch also has received the Most Valuable Volunteer Award from the Illinois Institute for Continuing Legal Education. Mitch has been awarded Martindale-Hubbell’s AV® Preeminent Peer Review Rating, its highest rating for ethical standards and legal ability. Mitch also has been chosen by his peers as a Super Lawyer and Leading Lawyer in Commercial Litigation each year since 2004.

Panels

Mitch has served as an arbitrator and mediator in a broad variety of commercial disputes including cases involving intellectual property related to pharmaceuticals, medical devices and various technologies and inventions. To date, he has served as an arbitrator in more than 225 business cases, frequently as the chair of three-person arbitration panels.

Mitch is a Fellow of the College of Commercial Arbitrators and a long-time panelist with the American Arbitration Association where he serves on the Large and Complex Case Panel and the Employment Panel. Mitch is also a panelist for the AAA International Centre for Dispute Resolution, the International Institute for Conflict Prevention and Resolution (“CPR”), the Chicago International Institute for Dispute Resolution, the Financial Industry Regulatory Authority (Public and Employment Panels), the American Health Lawyers Association, and the National Futures Association. Mitch serves as mediator for the AAA and for CPR and also arbitrates and mediates cases privately.

Associations

Mitch is a member of the Litigation Section of the American Bar Association. He is the former Co-Chair of the ADR Committee, former member of the Book Publication Board, and current Editor of the ADR Website. Mitch also serves as a Board member and the Secretary of the Resolution Systems Institute, an organization dedicated to enhancing ADR systems in the courts. He is an Adjunct Professor at DePaul School of Law, where he teaches Commercial Arbitration. Mitch is a former Director and the Secretary of the International Advisory Group, an international association of law firms and accountants, a member of the Chicago Bar Association and past Chair of its Civil Practice Committee, and a former Director of the Chicago Chapter of the Federal Bar Association. Mitch was appointed to the Illinois Chapter of the National Academy of Distinguished Neutrals, and he is a member of the American Bar Foundation.

Miscellaneous

Recent ADR Presentations: Arbitration: Where Does It Belong and Not Belong, ABA GPSolo Conference, New York City, April 3, 2019 (panel discussion of recent federal legislative proposals that would limit the use of arbitration in the civil rights, consumer and employment areas); The Metes and Bounds of Arbitral Jurisdiction, ABA Webinar, March 28, 2019; Practical Differences Between Commercial Arbitration and Litigation, sponsored by the AAA and the CBA, June 20, 2018; Speaker/Facilitator, ABA ADR Training Institute, June, 2017 and 2016, Chicago, IL “Crossing the Line: New Developments in Arbitral Jurisdiction,” Webinar sponsored by the AAA on February, 2016, and April 30, 2015; and “The Use of ADR in Environmental Disputes,” sponsored by the CBA Environmental Law Committee, April 18, 2015.