Michael DeMarino

Partner

  • Michael DeMarino
  • Phone: +1 312 499 6717

    Michael DeMarino - LinkedIn Import to Address Book

  • Duane Morris LLP
    190 South LaSalle Street, Suite 3700
    Chicago, IL 60603-3433
    USA

Michael L. DeMarino, a member of Duane Morris’ Workplace Class Action group, focuses his practice on complex discrimination and wage-and-hour litigation. Mr. DeMarino represents employers facing complex class and collective action litigation arising under federal and state wage-and-hour and anti-discrimination laws, as well as government-initiated investigations and litigation.

Mr. DeMarino has defended clients with a national presence in numerous industries, including franchisors, hospitality and restaurant companies, and staffing companies. His knowledge covers the full scope of claims and theories arising under the Fair Labor Standards Act, Title VII, ADEA, and the ADA. His practice also includes counseling and advising C-suite executives on a wide range of employment and business-related matters.

In addition, Mr. DeMarino is experienced in various aspects of commercial litigation, including the defense and prosecution of shareholder direct and derivative suits, trademark infringement claims, and general business-to-business disputes. He also has extensive knowledge of the defense of product liability suits.

Mr. DeMarino is a graduate of the John Marshall School of Law and College of the Holy Cross (B.A.), and served as a judicial law clerk to Hon. William J. Bauer in the U.S. Court of Appeals for the Seventh Circuit.

Admissions

  • Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Fifth Circuit

Education

  • John Marshall Law School, J.D., 2009
  • College of the Holy Cross, B.A., 2001

Experience

  • Duane Morris LLP
    - Partner, 2022-present
  • Seyfarth Shaw LLP
    - Partner, 2016-2022

  • Reed Smith LLP, 2010-2011; 2012-2016

  • Jenner & Block LLP, 2009-2010

Professional Activities

  • Illinois State Bar Association

  • The Chicago Bar Association

  • The Justinian Society

Honors and Awards

  • Listed in Best Lawyers “Ones to Watch,” 2021

Board Memberships

  • Dan Marino Foundation
    - Board of Directors and Counsel
  • Jason Taylor Foundation
    - Board of Directors and Counsel
  • The Ritz Carlton Club
    - Board of Directors, St. Thomas and Aspen Highlands, Counsel

Civic and Charitable Activities

  • NYC Council of Marines

  • Marine Corps Law Enforcement Foundation

Selected Publications

  • Co-Author, “Court Declines To Enjoin Employer’s Mandatory COVID-19 Vaccination Policy” Workplace Class Action Blog, Seyfarth Shaw LLP, September 29, 2021

  • Co-Author, “Primer on The Line Between Proper and Improper Communications with Parties in a Class Action” Workplace Class Action Blog, Seyfarth Shaw LLP, January 28, 2021

  • Co-Author, “Class Certification Denied in Bus Company Discrimination Suit” Workplace Class Action Blog, Seyfarth Shaw LLP, November 10, 2020

  • Co-Author, “California Court of Appeal Denies Oracle’s Petition for a Writ Of Mandate or a Writ of Prohibition to Reverse Class Certification” Workplace Class Action Blog, Seyfarth Shaw LLP, June 4, 2020

  • Co-Author, “Defendant Seeks Rehearing En Banc on Seventh Circuit’s Decision Rejecting Bristol-Myers Squibb in Rule 23 Class” Workplace Class Action Blog, Seyfarth Shaw LLP, April 17, 2020

  • Co-Author, “Class Certification Granted In Staffing Company Workplace Bias Suit” Workplace Class Action Blog, Seyfarth Shaw LLP, April 3, 2020

  • 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 Beware the Traps," Management Alert, 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, “Eighth Circuit Decides That Arbitration Agreements Cover ADEA Collective Actions,” Workplace Class Action Blog, Seyfarth Shaw LLP, April 24, 2017

  • 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

Selected Speaking Engagements

  • Speaker, “Insight on the Viability of Class Waivers in the Era of COVID-19,” American Bar Association Webinar, December 16, 2020

  • Speaker, “Mastering Qui Tam, False Claims and Class Actions,” The Rossdale Group CLE Seminar, October 15, 2020

  • Speaker, “Employment Class Actions: The 2020 Landscape Explored,” The Knowledge Group Live Webcast, October 8, 2020

  • Speaker, “Settling Wage/Hour Claims,” Strafford Publications Webinar, September 22, 2020

  • Speaker, “Personal Jurisdiction and Article III Standing in Class Actions,” Strafford Publications Webinar, July 28, 2020

  • Speaker, “Class Certification: Trends, Developments and Effective Strategies,” The Knowledge Group Live Webcast, February 11, 2020

  • Speaker, “Class Action Litigation in 2019: Trends and Updates to Watch For,” The Knowledge Group Live Webcast, August 20, 2019

  • Speaker, “FLSA Collective Action Certification and Decertification Strategies,” Law Practice CLE,  August 8, 2019

  • Speaker, “Workplace Class Action Litigation: Navigating Trends, Developments and Issues,” The Knowledge Group Live Webcast, June 25, 2019

  • Speaker, “EPLI Decision-Making for Wage & Hour Claims,” ACI’s 32nd Annual Wage and Hour Claims and Class Actions Conference, June 25, 2019

  • Speaker, “FLSA Collective Action Conditional Certification and Decertification Strategies,” Strafford Publications Webinars, June 19, 2019

  • Speaker, “Employment Litigation and Claim Settlements: Maximizing Tax Benefits, Avoiding Penalties When Allocating Proceeds,” Strafford Publications Webinars, May 1, 2019

  • Speaker, “2019 Workplace Class Action Litigation Report Webinar,” Legal Executive Institute, Thomson Reuters, March 26, 2019

  • Speaker, “Wage and Hour Class Actions: Looking Back and What’s Ahead,” The Knowledge Group Webinar, January 17, 2019

  • Speaker, “How and Why Employers Must Create Reasonable Accommodations Under The ADA,” Lexington Insurance Company Sponsored Webinar, August 1, 2018

  • Speaker, “FLSA Collective Action Conditional Certification and Decertification Strategies,” Strafford Publications Webinars, June 20, 2018

  • Speaker, “EEOC: Updates, Investigations and Enforcement in 2018,” The Knowledge Congress Live Webcast Series, May 9, 2018

  • Speaker, “Workplace Class Actions: Lessons from 2017 Settlement and Court Rulings, Preparing for 2018 and Beyond,” Strafford Publications Webinars, April 25, 2018

  • Speaker, “Class Action Litigation: Defense Strategies You Need to Know,” The Knowledge Group Live Webcast, December 12, 2017

  • Speaker, “FLSA Collective Action Conditional Certification and Decertification Strategies,” Strafford Publications Webinars, May 11, 2017

  • Speaker, “Joint Employer Liability in the Employment Discrimination Context,” American Conference Institute’s 8th Annual Forum on Defending and Managing Employment Discrimination Litigation, July 29, 2016

  • Speaker, “The EEOC's Proposed Revisions to EEO-1 Report: Time to Overhaul Your Payroll System?” The Knowledge Congress Live Webcast Series, September 19, 2016

  • Speaker, “Class Action Litigation: The Ins and Outs,” The Knowledge Congress Live Webcast Series, May 6, 2016

  • Speaker, “Strategies for Compliance With Upcoming Fair Labor Standards Act (FLSA) Regulation Changes,” Lexington Insurance Company Sponsored Webinar, October 13, 2016

  • Speaker, “EEOC Conciliation Efforts: Reviewability - Truth and Consequences for Employers in 2016 and Beyond,” The Knowledge Congress Live Webcast Series, November 4, 2016

  • Speaker, “EEOC Conciliation Efforts: Reviewability - Truth and Consequences for Employers in 2015 and Beyond,” The Knowledge Congress Live Webcast Series, December 4, 2015

  • Speaker, “Legal Risks Facing the Staffing Industry,” Randstad North America Legal Committee Meeting, November 5, 2015

  • Speaker, “Key Trends In EEOC Litigation,” Retail Industry Leaders Association Webinar, August 19, 2015

  • Speaker, “Assault and Battery: Emerging Issues in Employer-Employee Litigation in 2015,” The Knowledge Congress Live Webcast Series, March 10, 2015

  • Speaker, “Defending Title VII Litigation: Rethinking Strategies After Recent Employee-Friendly Federal Court Rulings,” Strafford Publications Webinars, June 18, 2014

  • Speaker, “It’s Time to Re-Evaluate Workplace Arbitration,” Illinois Manufacturers’ Association, IMA Video Reference Library, May 8, 2014

  • Speaker, “Arbitrating Class/Collective Action Cases: The Next Frontier in ADR?” American Bar Association, ADR in Labor & Employment Law Midwinter Meeting, February 22, 2014

  • Speaker, “Wage and Hour Litigation and New Insurance Solutions,” Retail Law Conference, Phoenix, sponsored by Retail Industry Leaders Association (RILA), October 2013

  • Speaker, “Emerging Issues in Workplace Class Action Litigation,” The Knowledge Congress Webcast Series, June 2013.

  • Speaker, “Affordable Care Act: What Employers Need to Know,” HR Affinity Day Workshop, Planned Parenthood National Conference, sponsored by Lexington Insurance Company, April 2013

  • Speaker, “Workplace Class Actions and EEOC Litigation Trends for 2011,” Planned Parenthood National Conference, sponsored by Lexington Insurance Company, April 2011

  • Speaker, “On the Cutting Edge of Workplace Class Actions,” EPLI Webinar for Zurich Insurance, February 2011

  • Speaker, “Preserving Attorney-Client Privilege and Controlling Discovery,” Corporate Counsel College, International Association of Defense Counsel, April 2010

  • Speaker, “Dispute Resolution Clauses in Commercial Contracts,” Reinsurance Association of America, Re Contracts, June 2007