Focusing on commercial litigation and employment law, Mark Brookstein enjoys a diverse practice across a broad spectrum of industries. In addition to litigating matters involving contracts, real estate, business torts and other commercial disputes, Mark regularly advises employers on matters such as regulatory compliance, employee issues and protection of proprietary information.
As a litigator, Mark provides trusted business counsel to further Gould & Ratner’s philosophy of understanding a client’s overall strategic goals first and foremost. Some of his most recent cases include:
- Defending a nationwide food ingredient distributor against claims of selling adulterated sweetener
- Obtaining a temporary restraining order for a client to prevent a neighboring municipality from directing storm water into quarry operated by a building materials supplier
- Advising an international manufacturer of food processing systems on the applicability of U.S., E.U. and German contract law
Because the best litigation strategy is often to avoid it, Mark regularly engages in alternative dispute resolution to reduce risk and cost to clients. When litigation is unavoidable, Mark has the practical experience of trying cases in state, federal and arbitral forums.
Mark also leads the Litigation Practice's appellate team and has argued and won appeals on both the state and federal levels. As the result of one of his most recent victories in the Illinois Appellate Court, Mark helped strengthen protections for corporations and partnerships against veil-piercing claims
- Illinois Institute of Technology, Chicago-Kent College of Law, J.D., with high honors
- University of Wisconsin-Madison, B.A., with distinction
- American Bar Association
- Board member, Glencoe Historical Society
- Illinois Appellate Lawyers Association
- Lawyers’ Committee for Civil Rights Under Law
- PILI Fellow
Key Cases or Transactions
- Represented a Chicago-based digital healthcare agency in its sale to a global commercialization partner for the life sciences industry.
- Represented video display manufacturer in dispute concerning development of 3-D technology for use in the gaming industry.
- Obtained affirmance of trial court’s refusal to pierce the veil of general partner in connection with dispute over multi-million dollar real estate development, strengthening Illinois protection for corporate entities.
- Represented newspaper during federal jury trial against defamation claim stemming from investigation of pyramid scheme.
- Represented investment bank against securities fraud and ERISA claims stemming from the collapse of Global Crossing.
- Illinois Gets More Restrictive on Restrictive Covenants , HumanResourcesLawBlog.com , July 7, 2021
- DHS Extends Deferral of I-9 Physical Document Inspection Due to COVID-19 , HumanResourcesLawBlog.com , June 1, 2021
- ARPA Expands Employment-Related Reimbursements and Extends Unemployment , HumanResourcesLawBlog.com , March 25, 2021
- The COVID-19 Vaccines Are Here – What Do Employers Need to Know and Consider? , HumanResourcesLawBlog.com , December 22, 2020
- Employer Considerations on Returning to the Workplace in the Age of COVID-19 , May 4, 2020
- Illinois Implements Federal Stimulus Package Unemployment Benefits , April 16, 2020
- Illinois to Implement Expanded Unemployment Benefits Under the CARES Act , April 1, 2020
- New Litigation May Affect the Chicago Fair Workweek Ordinance , HumanResourcesLawBlog.com , December 18, 2019
- New Illinois Law Addresses Use of Artificial Intelligence in Hiring , November 8, 2019
- 1.3 Million More Workers Will Be Eligible for Overtime Pay Under Final DOL Rule , HumanResourcesLawBlog.com , September 25, 2019
- New Illinois Workplace Transparency Law Limits Employers’ Ability to Stop Disclosure of Alleged Illegal Acts , HumanResourcesLawBlog.com , September 4, 2019
- Illinois is Changing the Conversation on Salaries. How Do Employers Prepare? , HumanResourcesLawBlog.com , August 28, 2019
- Illinois Passes Bill Requiring Anti-Harassment Training , July 23, 2019
- Illinois Biometric Policy Law Does Not Require Proof of Actual Damages , March 27, 2019
- Employers Facing New Rules on Overtime, Reporting Pay Data , HumanResourcesLawBlog.com , March 14, 2019
- Illinois Rings in 2019 With New Employment Laws , HumanResourcesLawBlog.com , January 21, 2019
- Nursing Breaks Are Now Paid In Illinois! , HumanResourcesLawBlog.com , September 3, 2018
- Time To Rethink Mandatory Arbitration Agreements? U.S. Supreme Court Rules Class Action Waivers Are Legal , HumanResourcesLawBlog.com , May 24, 2018
- Trump Administration Suspends EEO-1 Equal Pay Reporting Requirements , HumanResourcesLawBlog.com , September 6, 2017
- Judge Strikes Down New DOL Rule on Overtime and White Collar Exemption , HumanResourcesLawBlog.com , September 5, 2017
- Appeals Court Rules That Federal Law Prohibits Workplace Discrimination Based on Sexual Orientation , HumanResourcesLawBlog.com , April 3, 2017
- Franchisor Is Not "Lovin' It" , April 29, 2016