Seasoned litigator Mitch Macknin resolves complex business disputes at trial and on appeal in courts throughout the U.S., and in arbitrations and mediations. With decades of experience, Mitch's insights enable him to see several moves ahead.
Businesses and individuals rely on Mitch to navigate their knottiest legal issues. He represents plaintiffs and defendants in every aspect of the commercial world, from antitrust, insurance, fiduciary duty, and class action cases, to matters involving executive compensation, television broadcasting, and professional sports.
Mitch’s diverse clientele includes individual and institutional investors, board members, entrepreneurs, insureds, executives, entertainers, sports teams, landlords, tenants, lenders, borrowers, broadcasters, homeowners, class plaintiffs, opt-out plaintiffs, and class defendants.
Diligent and driven to achieve his clients’ goals, Mitch approaches issues with creativity and compassion. He devises strategies to achieve a client's goals efficiently and often with minimal contention.
Early in his career, Mitch worked for a top business law firm concentrating on tax planning, corporate law, finance, and real estate. His understanding of the business underpinnings of a client's dispute has proved invaluable in resolving that dispute.
Representative Matters
In 2022, negotiated the terms of the release of over $1 billion of class claims by victims, families, and condo owners arising from the pre-dawn collapse of a high-rise condo building in South Florida, which was one of the deadliest structural failures in U.S. history. The negotiated release included a unique term, which barred future claims against the client even by anyone who opted out of the class.
Prevailed in trials in two statutory appraisal cases (shareholder dissenters' rights), winning opposite sides of the same issue. The first was on behalf of the dissenting shareholders, resulting in a judgment more than 10 times the corporation's statutory offer. The other was on behalf of the corporation, which in a case of first impression established that a minority discount can be considered in appraising the shares of the dissenting shareholders.
Defended the former officers and directors of a national homebuilding company against the bankruptcy trustee’s claims seeking more than $250 million in damages. Following successful motions to dismiss the trustee’s highest-dollar claims, the case settled for a fraction of the original demand, with funding from the company’s insurers.
Won an appeal in a matter of particular public interest involving a well-known politician. The issue was whether the adverse litigant should be allowed to litigate the case anonymously. In a groundbreaking opinion, secured the reversal of an order prohibiting the client from using the politician's name in litigating the case.
Defended a publicly held corporation and its directors/officers against shareholder actions alleging inadequate price in a tender offer. This was the first appellate case holding that our clients’ D&O insurance fully covered the “bump up” in share price paid in settlement of those actions. In fact, the $8 million awarded was twice the amount initially sought by the clients.
Represented a renowned pop singer on securities claims against a national money management and investment firm, resulting in a high dollar settlement.
Secured very beneficial settlements for large retailers that “opted out” from class actions and asserted their individual antitrust claims against Visa and MasterCard. The decision to “opt out” allowed the clients to achieve settlements with business terms tailor-made for them, and for many times the amount they would have received had they remained class members.
Secured outright dismissal of all employment-related claims brought by a securities firm against the client.
Professional Activities
Professional Memberships
American Bar Association (Litigation Section)
Chicago Bar Association
Chicago Council of Lawyers
Illinois State Bar Association
Mentor, Lincoln Park High School (Chicago)
Practice Areas
Education
J.D., Northwestern University School of Law, cum laude, 1978
- Order of the Coif
B.A., Northwestern University, with honors, Economics, 1975
Bar Admissions
- Illinois
- U.S. District Court for the Northern District of Illinois (including Trial Bar)
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Federal Circuit
