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Mark Wallin, Chicago Attorney
OVERVIEW

Mark Wallin

Partner

Chicago

One N. Wacker Drive
Suite 4400
Chicago, IL 60606-2833

Minneapolis

225 S. Sixth Street
Suite 2800
Minneapolis, MN 55402-4662

Los Angeles

2029 Century Park East
Suite 300
Los Angeles, CA 90067

P 312-214-4591

F 312-759-5646

Mark Wallin defends businesses in complex class, collective and multi-plaintiff actions involving a wide array of employment and commercial disputes. His experienced understanding of complex class litigation and ability to distill his clients’ practical concerns positions him to provide strategic advice for resolving sophisticated issues – whether through trial or negotiated resolutions. Mark represents companies of virtually all sizes, from Fortune 500 to family-owned small businesses.

OVERVIEW

Mark Wallin defends businesses in complex class, collective and multi-plaintiff actions involving a wide array of employment and commercial disputes. His experienced understanding of complex class litigation and ability to distill his clients’ practical concerns positions him to provide strategic advice for resolving sophisticated issues – whether through trial or negotiated resolutions. Mark represents companies of virtually all sizes, from Fortune 500 to family-owned small businesses.

Mark serves as lead counsel on a variety of class and collective action matters involving breach of contract, breach of fiduciary duty, as well as violations of the FCRA, FLSA and state wage and hour law, including class and PAGA actions brought under the California Labor Code. Through tenacious advocacy, Mark has defeated FLSA conditional collective certification and Rule 23 class certification. His hallmark is understanding both the strategic and tactical steps that mitigate or avoid conflict and the often-substantial liability that can result. He also represents businesses in multi-plaintiff and single-plaintiff discrimination litigation.

With honed litigation skills from working on civil and criminal issues during law school at the U.S. Attorney’s Office for the Northern District of Illinois as well as at the U.S. Court of Appeals for the Seventh Circuit, Mark has a unique vantage point in seeing issues from the court’s perspective. 

Committed to providing pro bono service, Mark has represented individuals in criminal jury trials in state and federal court and represents indigent plaintiffs in civil rights matters as part of the Trial Bar for the United States District Court for the Northern District of Illinois.

Professional and Community Involvement

Member, American Bar Association 

Member, Transportation Lawyers Association 

Firm representative, Illinois Chamber of Commerce 

Member, Executives’ Club of Chicago 

Member, Association of Business Trial Lawyers, Los Angeles 

Member, California Lawyers Association

Honors

Award for Excellence in Pro Bono Service, U.S. District Court for the Northern District of Illinois and the Federal Bar Association, 2015 

The Best Lawyers in America, Ones to Watch, 2021-2022

EXPERIENCE
EXPERIENCE
  • Lead counsel in representation of hospitality company in putative class and California Private Attorneys General Act (PAGA) lawsuits, alleging violations of the California Labor Code, including meal and rest period violations, tip violations, and off-the-clock work violations
  • Lead counsel in representation of third-party logistics company in putative class and collective action alleging misclassification of employees under the FLSA, as well as violations of multiple state wage and hour laws
  • Lead counsel in representation national retailer in FCRA arbitration, obtaining full defense award after final hearing on the merits
  • Lead counsel in representation of third-party logistics provider and sourcing company in multi-national class action alleging breach of contract, breach of fiduciary duty, and violation of federal perishable commodity law
  • Lead counsel in representation of medical device manufacturer in putative class and PAGA lawsuit, alleging violations of the California Labor Code, including minimum wage and overtime violations, meal and rest period violations, wait time violations, off-the-clock work, and failure to reimburse for necessary business expenses.
  • Lead counsel in representation of cannabis company in   putative class and collective action alleging claims under the FLSA and state wage and hour laws based upon alleged tip pool violations.
  • Lead counsel in representation of a study abroad not-for-profit company in a putative class action lawsuit alleging breach of contract arising out of the spring 2020 semester affected by COVID-19.
  • Lead counsel in representation of manufacturer of consumer packaged goods in putative class and PAGA lawsuit, alleging violations of the California Labor Code, based upon alleged misclassification of worker as an independent contractor.
  • Lead counsel in representation of third-party logistics company in putative class and PAGA lawsuit, alleging violations of the California Labor Code, including minimum wage and overtime violations, meal and rest period violations, wait time violations, off-the-clock work, and failure to reimburse for necessary business expenses.
  • Lead counsel in representation of multiple nursing homes in putative class and collective actions alleging violations of the FLSA, including off-the-clock work and regular rate of pay violations.
  • Lead counsel in representation of a cannabis company in in putative class action and California  PAGA lawsuits, alleging violations of the California Labor Code
  • Represent national retailer in nationwide gender discrimination class action litigation and arbitration, and consent decree compliance matters
  • Lead counsel in representation of a nationwide insulation installation service provider in three California Private Attorneys General Act matters alleging meal and rest break violations, overtime violations, pay statement violations, and other violations of the California Labor Code
  • Lead counsel in representation of wireless distribution and services company in putative class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA)
  • Represented of commercial production companies in putative class action lawsuits alleging violations of the California Labor Code, including meal and rest break violations, and overtime violations
  • Represented airline and retail catering company in defense of a BIPA class action
  • Represented printing ink manufacturer in defense of a BIPA class action
  • Represented manufacturer in defense of hybrid class and collective action alleging unpaid “off the clock” work in connection with “donning and doffing”
  • Represented call center employer in defense of collective action alleging unpaid “off the clock” work in connection with login/logoff activities
  • Represented call center employer of home-based sales representatives in defense of previously-decertified nationwide collective action alleging unpaid “off the clock” work in connection with login/logoff activities
  • Represented a nation-wide restaurant chain in a class and collective action alleging multiple violations of the FLSA, including failure to provide tip credit notice, violation of the “20% rule,” unlawful off-the-clock work, and unlawful wage deductions, as well as violations of wage and hour laws of ten different states*
  • Represented a landscaping company in a putative class and collective action alleging minimum wage violation pursuant to the FLSA and Illinois wage and hour laws*
  • Represented a nation-wide logistics company in a collective action alleging a failure to pay overtime wages for off-the-clock work*
  • Represented an environmental services company in a putative class action alleging violations of Illinois law*
  • Represented a nation-wide pizza delivery restaurant in a collective action brought by drivers alleging minimum wage violations based upon mileage reimbursement*
  • Represented a third party logistics company in defense of class/collective action alleging employee misclassification under federal and state wage and hour laws, and individual allegations of discrimination and retaliation on the basis of gender and disability*
  • Represented a national insurance company in in defense of multi-plaintiff EEOC initiated representative litigation alleging complex claims of race, gender, and national origin discrimination and harassment, as well as retaliation*
  • Represented a steel manufacturer against allegations involving disability discrimination and failure to accommodate*
  • Represented a rail road company in the defense of a complex EEOC initiated representative litigation alleging disability discrimination and failure to accommodate*
  • Represented a third party logistics companies in class/collective action alleging employee misclassification under federal and state wage and hour laws, conditional certification denied July 6, 2018*
  • Represented a restaurant chain with locations in 15 states in a multi-state class/collective action alleging tip credit and other wage and hour violations*
  • Represented a staffing company in an EEOC initiated representative litigation alleging race, national origin, and disability discrimination*
  • Represented a nation-wide restaurant chain in a putative class and collective action alleging failure to provide tip credit notice and improper tip pooling in violation of FLSA, Pennsylvania, and New Hampshire law*
  • Represented a staffing company in the defense of a putative nationwide collective action involving alleged exempt misclassification*

*These matters occurred prior to joining Barnes & Thornburg.

PRESENTATIONS
  • Panel Moderator, “Analyzing Recent Employment Cases: Identifying Lessons Learned and Developing Best Practices,” Consero General Counsel Forum, November 13, 2023
  • Speaker, “Building Better Arbitration Agreements,” Association of Corporate Counsel, 2023 Annual Meeting, October 23, 2023
  • Speaker, “When The Government Says ‘#MeToo’: The Rise Of EEOC Enforcement Litigation For Workplace Harassment,” Clear Law Institute Webinars, Clear Law Institute, LLC, April 23, 2019
INSIGHTS & EVENTS
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