Clients turn to Mark Rotatori for his formidable experience representing companies in commercial litigation matters with an emphasis on federal and state tax controversies, public-private partnership disputes, and fraud litigation, including False Claims Act (FCA) and consumer fraud cases. He has more than 25 years of extensive trial and appellate experience in these areas in state and federal courts.
Mark's recent cases include obtaining a multimillion dollar verdict for Bridgestone/Firestone against the IRS in Nashville federal court, winning summary judgment in favor of Mayo Clinic in a tax refund lawsuit in Minnesota federal court, defeating a class certification motion in a case alleging nonpayment of tax against Expedia and Hotels.com in Chicago federal court, successfully defending Williams-Sonoma in an income tax sourcing case, dismissing FCA lawsuits brought against retailers for alleged nonpayment of sales and use tax, and reversing, on appeal, a state court ruling relating to a dispute over rates charged by public utility, Illinois American Water. He also defended the City of Chicago in its highly publicized parking meter dispute and eliminated its billion dollar exposure being sought by a consortium of private companies with a concession interest.
Mark is a leader in the legal community where he serves as chairperson of the board of directors for Equip for Equality, a nonprofit that operates the federally mandated Protection and Advocacy System for Illinois, and is a director for the Public Interest Law Initiative.
Mark is also the pro bono partner and loss prevention partner for the Chicago Office.
Experience
Speaking Engagements
- January 12, 2021
Jones Day University: The CARES Act Loan Programs and the Provider Relief Fund: What Lies Ahead - April 22, 2020
Leveraging The Voluntary Payment Doctrine in Litigation - November 12, 2018
Tax Gambling -- Not Planning For Litigation - June 30, 2016
Chaos in Nexus Land - November 4, 2015
Local Tax Morass: Making Sense of Recent Tax Development & Navigating the New Minefields, The Chicago Tax Club 62nd Annual Fall Seminar - September 19, 2013
Enterprise Zones and HIB Reform: Something New for Everyone -- even if you didn't know it - June 7, 2012
Situational Ethics: Privilege Developments That In House Counsel Need to Know, Jones Day Chicago 2012 MCLE University - February 21, 2012
Common Ethical Issues for In-House Counsel - September 20, 2011
Review of ethical issues confronting tax professionals, including duties of confidentiality in the context of evidentiary privileges, the duties of candor with respect to the disclosure of known tax preparation errors and the interplay between ethical duties and the workplace use of social media, Taxpayers' Federation of Illinois' Annual Meeting
- Case Western Reserve University (J.D. cum laude 1994; Managing Editor, Law Review); University of Notre Dame (B.A. with high honors 1991)
- Illinois; U.S. District Courts for the Northern (Trial Bar) and Central Districts of Illinois; and U.S. Courts of Appeals for the Sixth, Seventh, and Eighth Circuits
Member of the board of directors and member of the executive committee for Equip for Equality, a nonprofit organization that advances the civil rights of people with disabilities
Member of the board of directors for Public Interest Law Initiative, a nonprofit organization that provides equal access to justice to people, families, and communities in need