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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

A relentless competitor, Mark Wallin’s practice is focused on defending businesses in complex class, collective, and multi-plaintiff actions, involving a wide array of employment and commercial disputes. His ability to understand complex class litigation as well as his clients’ practical concerns allows him to look ahead to provide strategic advice for resolving sophisticated issues – whether through adjudication or negotiated resolution.

OVERVIEW

A relentless competitor, Mark Wallin’s practice is focused on defending businesses in complex class, collective, and multi-plaintiff actions, involving a wide array of employment and commercial disputes. His ability to understand complex class litigation as well as his clients’ practical concerns allows him to look ahead to provide strategic advice for resolving sophisticated issues – whether through adjudication or negotiated resolution.

Mark has been lead counsel in a variety of class and collective action matters involving breaches of contract, breaches of fiduciary duties, 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 because he understands what strategic and tactical steps are necessary to mitigate or avoid such representative treatment and the often-substantial liability that can flow from it. He has also represented businesses in multi-plaintiff and single-plaintiff discrimination litigation.

Mark strives to provide the highest-level of service to his clients, guiding them through every step of the process and building long-term relationships. Mark believes it is his role to understand his clients’ business needs so he can help them determine what a “win” means to them. Indeed, Mark has successfully represented companies of virtually all sizes, from Fortune 500 to family owned small businesses.

Mark has also undertaken several pro bono cases, including trying criminal jury trials in state and federal court and representing indigent plaintiffs in civil rights matters as part of the Trial Bar for the United States District Court for the Northern District of Illinois.

Mark began honing his litigation skills during law school while working at the U.S. Attorney’s Office for the Northern District of Illinois, where he worked on civil and criminal issues. Also during law school, he worked for judge on the U.S. Court of Appeals for the Seventh Circuit, which gave him a unique vantage of seeing the issues from the court’s perspective.

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
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