Michael L. DeMarino
Partner
As a partner at Mercer Oak, Mike is a trusted advisor to companies and business owners on a variety of disputes and corporate transactions. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to tens of thousands of claims by employees arising under federal and state wage and hour and anti-discrimination laws.
His experience includes defending clients with a national presence in a wide range of industries, including franchisors, hospitality, restaurant companies, and staffing companies. His expertise covers the full scope of claims and theories arising under the Fair Labor Standards Act and Title VII.
Mike also represents companies and owners in a variety of commercial litigation disputes, including shareholder suits (direct and derivative), civil RICO claims, disputes arising out of business divorces and acquisitions, and claims for professional malpractice and auditor liability.
In addition to his litigation practice, Mike has served as a trusted counsel to privately held companies and business owners on a number of corporate and transactional matters. His work includes advising clients on business formation, governance, and commercial agreements.
Prior to joining Mercer Oak, Mike was a partner at two AM 100 firms and a regional employment boutique firm. In addition, Mr. DeMarino served as a judicial law clerk to the Honorable William J. Bauer, United States Court of Appeals for the Seventh Circuit.
Areas of Practice:
Labor & Employment
Complex Discrimination Litigation; Wage & Hour Litigation
Commercial Litigation
Credentials:
J.D., University of Illinois Chicago School of Law (2009)
Rank: 3rd
Editor, The John Marshall Law Review
Member, The John Marshall Law Review
Recipient, CALI Award for Excellence in Criminal Law
Recipient, Fred Herzog Scholarship
Admissions:
Illinois
Courts:
The United States District Court for the Northern District of Illinois
The United States District Court for the Eastern District of Wisconsin
The United States District Court for the Eastern District of Michigan
The United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Fifth Circuit
Affiliations:
Illinois Bar State Association
Chicago Bar Association
Justinian Society
Representative Employment Matters:
Achoual, et al. v. Colonel’s Limited, LLC (Papa John’s International, Inc.), No. 17-CV-662 (U.S. District Court/Eastern District of Virginia) (ongoing defense of class action brought by restaurant workers alleging wage & hour violations).
Brooks/Anderson, et al. v. C.H. Robinson, et al., No. 16-CV-00939 (W.D. Missouri) (ongoing defense of collective action brought by “Account Coordinators” and “Freight Brokers” for alleged misclassification).
Brown, et al. v. Landry’s, Inc., No. GD-15-10078 (Court of Common Pleas, Allegheny County, Pennsylvania) (favorable settlement obtained after denial of class action claims under Pennsylvania Wage Payment and Collection Law in action alleging wage & hour violations involving restaurant workers).
Brunner, et al. v. Jimmy John’s, et al., No. 14-CV-5509 (U.S. District Court/Northern District of Illinois) (ongoing representation in wage & hour class action by assistant managers alleging unpaid vacation pay, violations of the Illinois Minimum Wage Act, and miscellaneous wage & hour violations).
Carlson, et al. v. CH Robinson, Inc., No. 02-CV-3780 (U.S. District Court/District of Minnesota) (favorable settlement obtained in class action gender discrimination case alleging company-wide claims for pay, promotional opportunities, and terms and conditions of employment).
Dietrich, et al. v. C.H. Robinson Worldwide, Inc., No. 18-CV-4871 (U.S. District Court/Northern District of Illinois) (ongoing defense of wage & hour class action brought by workers alleging FLSA violations, as well as Title I and Title VII violations).
Durling, et al. v. Papa John’s International, Inc., No. 16-CV-3592 (U.S. District Court/Southern District of New York) (ongoing defense of class and FLSA collective action action brought by restaurant workers alleging wage & hour violations).
Edwards, et al. v. Papa John’s International, Inc., et al., No. 17-CV-283 (U.S. District Court/District of Idaho) (ongoing defense of class action brought by restaurant workers alleging wage & hour violations).
EEOC v. Seasons 52, et al., No. 15-CV-20561 (U.S. District Court/Southern District of Florida) (ongoing representation of EEOC pattern or practice case alleging company-wide hiring discrimination under the ADEA).
Flood, et al. v Carlson Restaurants, Inc., et al., No. 14-CV-2740 (U.S. District Court/Southern District of New York) (successfully defended and obtained settlement in FLSA collective action alleging wage & hour violations involving restaurant workers).
Gaffers, et al. v. Kelly Services, Inc., No. 16-CV-10128 (U.S. District Court/Eastern District of Michigan) (successfully defended and obtained settlement of FLSA collective action, class action, and individual arbitrations brought by temporary employees alleging wage & hour violations).
Gilbert, et al. v. Kelly Services, Inc., No. 17-CV-11800 (Superior Court of Maricopa County, Arizona) (successfully defended and obtained settlement of class action brought by temporary employees alleging wage & hour violations).
Grubb, et al. v. ERJ Dining, LLC, No. 17-CV-316 (U.S. District Court/Western District Kentucky, Louisville Jury Division) (ongoing defense of class action brought by restaurant workers alleging wage & hour violations).
Holmes, et al. v. Kelly Services, Inc., et al., No. 16-CV-13164 (U.S. District Court/Eastern District of Michigan) (ongoing defense of class action brought by temporary employees alleging wage & hour violations).
Hubbard, et al. v. Papa John’s International Inc., No.: 19-CV-22 (W.D. Ky.) (successfully obtained stay pending resolution of overlapping FLSA collective action in class action brought by employees alleging wage & hour violations).
Hughen v. Parker Restaurant Group, LLC, No. 1:25-CV-03765 (N.D. Ill.) (ongoing class and collective action involving tip credit, off-the-clock, and minimum wage violations).
In Re Papa John’s Employee and Franchisee Employee Antitrust Litigation, Case No.: 18-CV-825 (W.D. Ky.) (ongoing defense of class action involving alleged antitrust claims for wage suppression).
Landry’s, Inc. and McCormick & Schmick’s v. National Labor Relations Board - Nos.: 4:16-CV-1548 (S.D. Tex.) / 16-20714 (5th Cir.) (obtained successful dismissal of NLRB claims for unfair labor practices).
Lentini v. Kelly Services, Inc. and Cutco Stores, Inc., No.: 17-CV-13261 (E.D. Mich.) (obtained favorable settlement in class action involving alleged wage & hour violations and wrongful termination).
Mitchell v. Villas of Holly Brook Senior Living, LLC, No. 2:22-CV-2269-CSB (C.D. Ill.) (obtained favorable settlement in meal break wage & hour class and collective action).
Gloria Pantoja v. Medix Staffing Solutions, Inc., et al., No.: 17 CECG 00280 (Ca. Super. Ct.) (obtained favorable settlement in case involving alleged pregnancy discrimination).
Stone, et al. v. Round Rock Restaurant Group, LLC, et al., No. 18-CV-1319 (U.S. District Court/Arizona) (ongoing defense of class action brought by restaurant workers alleging wage & hour violations).
Thomas, et al. v. Papa John’s International, Inc., No. 17-CV-411 (U.S. District Court/Southern District of Ohio) (ongoing defense of class action brought by restaurant workers alleging wage & hour violations).
Watson, et al. v. Jimmy John’s, LLC, et al., No. 15-CV-768 (U.S. District Court/Southern District of Ohio) (ongoing representation in FLSA class action by current and former employees alleging unpaid overtime wages, and violations of the FLSA).
Worthington v. Jimmy John’s, LLC, et al., No.: 16-CV-8573 (N.D. Ill.) (obtained favorable settlement in case involving discrimination claims).
Representative Commercial Matters and Class Actions:
Alliance Wholesale Distributor v. Jaffe Drug Store, Inc. No. 08-L-0015 (Kankakee Cty. Il.) (defense of breach of contract dispute involving pharmaceutical wholesaler).
Ampro Computers, Inc. v. LXE, LLC, et al., No. 13-CV-01937 (De. Dist. Ct.) (obtained favorable settlement in defense of alleged breach of manufacturing agreement).
Brenson, et al. v. Settlement Funding LLC d/b/a Peachtree, No. 11-CH-09238 (Cook Cty. Il.) (defense of consumer fraud class action).
Cannonball Fund, Ltd. v. Dutchess Capital Mgmt., LLC, No. SUCV201102307BLS1, (Mass. Super. Ct.) (obtained favorable settlement in prosecution of shareholder direct and derivative claims for breach of fiduciary duties and professional negligence).
Cox, et al. v. Sherman Capital, LLC, et al., No. 12-CV-1654 (S.D. In.) (successful defense and grant of summary judgment in nationwide RICO class action with award of defense fees).
Nationwide Agribusiness Insurance Co., v. Meller Poultry Equipment, Inc. No. 12-CV-1227 (E.D. Wi.) (defense of design defect claim).
Precious Smith v. AmeriGas Propane, Inc. No. 2010114343 (Cir. Ct. Cook County Il.) (obtained favorable settlement in defense of wrongful death claim).
Timelines, Inc. v. Facebook, Inc., No. 11-CV-6867 (N.D. Ill.) (obtained favorable settlement in prosecution of trademark infringement claim).
U.S. Bank National Association v. Juan Carlos Campos, No. 10-CH-03258 (Cir. Ct Cook Cty Il.) (obtained favorable settlement in consumer fraud claims and claims brought under Home Affordable Modification Program).
Publications and Interviews:
Co-Author, “The Supreme Court of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification,” Workplace Class Action Blog, Seyfarth Shaw LLP (August 17, 2019)
Co-Author, “High Times Continue – Illinois Enacts Recreational Cannabis Law,” Workplace Class Action Blog, Seyfarth Shaw LLP (June 28, 2019)
Co-Author, “Half Baked — Illinois Legislature Includes Some Employer Protections in New Recreational Cannabis Law, But Creates Potential Liabilities,” Workplace Class Action Blog, Seyfarth Shaw LLP (June 13, 2019)
Co-Author, “Ninth Circuit Rules That Varying State Laws Do Not Defeat Predominance Requirement In Class Action Settlement Context,” Workplace Class Action Blog, Seyfarth Shaw LLP (June 11, 2019)
Co-Author, “U.S. Supreme Court Rules That Third-Party Counterclaim Defendants Are Not Entitled To Removal Under The CAFA,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 30, 2019)
Co-Author, “Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 21, 2019)
Co-Author, “The U.S. Supreme Court Rules That The Deadline To Appeal A Class Certification Order Is Not Subject To Equitable Tolling,” Workplace Class Action Blog, Seyfarth Shaw LLP (February 26, 2019)
Co-Author, “The 2018 Judicial Hellholes Report On The Worst Jurisdictions For Defendants,” Workplace Class Action Blog, Seyfarth Shaw LLP (December 5, 2018)
Co-Author, “Illinois Appellate Court Rules That Class Settlement Objectors Engaged In Fraud On the Court,” Workplace Class Action Blog, Seyfarth Shaw LLP (November 21, 2018)
Co-Author, “Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code’s Automatic Stay,” Workplace Class Action Blog, Seyfarth Shaw LLP (October 15, 2018)
Co-Author, “Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA,” Workplace Class Action Blog, Seyfarth Shaw LLP (September 27, 2018)
Co-Author, “Seventh Circuit Allows Objector To Recover Fees From Class Counsel’s Fee Award,” Workplace Class Action Blog, Seyfarth Shaw LLP (August 7, 2018)
Co-Author, “Court Rejects Individual Pattern and Practice Claim and Enforces Arbitration Agreement in Discrimination Case,” Workplace Class Action Blog, Seyfarth Shaw LLP (July 25, 2018)
Co-Author, “Tenth Circuit Reaffirms That Title VII Does Not Require Employers to Offer an Employee Their ‘Preferred’ Religious Accommodation,” Workplace Class Action Blog, Seyfarth Shaw LLP (July 10, 2018)
Co-Author, “New Class Action Litigation Risks,” Workplace Class Action Blog, Seyfarth Shaw LLP (April 23, 2018)
Co-Author, “District Court Awards Punitive Damages In Sex-Based Harassment EEOC Suit,” Workplace Class Action Blog, Seyfarth Shaw LLP (November 21, 2017)
Co-Author, “U.S. Supreme Court’s Narrow Application Of Specific Jurisdiction Will Impede Forum Shopping In Class Actions,” Workplace Class Action Blog, Seyfarth Shaw LLP (June 29, 2017)
Co-Author, “U.S. Supreme Court Rules That Plaintiffs’ Voluntary Dismissal Does Not Transform A Decision Denying Class Certification Into An Appealable Final Decision,” Workplace Class Action Blog, Seyfarth Shaw LLP (June 12, 2017)
Co-Author, “Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions,” Workplace Class Action Blog, Seyfarth Shaw LLP (April 24, 2017)
Co-Author, “U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized Damages,” Workplace Class Action Blog, Seyfarth Shaw LLP (December 9, 2016)
Co-Author, “Court Rejects EEOC’s EPA Lawsuit Theory,” Workplace Class Action Blog, Seyfarth Shaw LLP (October 23, 2016)
Co-Author, “Fifth Circuit Green Lights Discovery Over Immigration Status In EEOC Litigation,” Workplace Class Action Blog, Seyfarth Shaw LLP (October 3, 2016)
Co-Author, “Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics,” Workplace Class Action Blog, Seyfarth Shaw LLP (September 20, 2016)
“SEC Proposes to Add Flexibility to E-Proxy Rules to Increase Voter Response,” Corporate Client Advisory (October 19, 2009)
“Rule 2019: The Debtor’s New Weapon,” The John Marshall Law Review, Vol. 42, No. 1 (Fall 2008)
Interviewed and quoted, “IL Appellate Decision v. Attorney in Class Action ‘Pro Objectors’ Case ‘So Damaging,’ Attorney Says”, Cook County Record, December 5, 2019 (regarding professional objectors in class action cases).
Interviewed and quoted, “Florida U.S. District Court Decertifies Class of Haitian Seasonal Farm Workers”, Legalnewsline.com, December 29, 2016 (regarding individualized issues surrounding emotional distress damages in class certification context).