Mark P.Rotatori

Partner

Chicago + 1.312.269.4294

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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, 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 in true up adjustments 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 as a member of the local tax steering committee for Taxpayers' Federation of Illinois.

Mark also serves as the pro bono partner for the Chicago Office.

Experience

  • Mayo Clinic qualifies as educational organization, obtains $11.5 million in tax refundsJones Day won summary judgment for Mayo Clinic in a lawsuit against the United States of America, wherein Mayo Clinic argued that it was exempt from certain income tax on income it received from partnerships because it is an "educational organization."
  • Advocate Aurora Health wins summary judgment, defeats class certification, and obtains dismissal in FICA refund class actionJones Day client Advocate Aurora Health won summary judgment and defeated class certification in a FICA refund class action case.
  • Expedia, Hotels.com, Egencia, and Hotwire prevail on summary judgment in hotel tax caseJones Day recently secured an important summary judgment victory for Expedia, Inc. (WA), Hotels.com, Egencia, and Hotwire, Inc. on claims brought by Illinois municipalities for allegedly unpaid hotel occupancy taxes.
  • Illinois American Water and American Lake Water obtain dismissal of breach of contract actionOn June 2, 2016, Jones Day clients Illinois-American Water Company and American Lake Water Company obtained a dismissal of a breach of contract action.
  • Prepaid health plan undergoes IRS auditJones Day successfully defended a proposed revocation of the tax-exempt status of a managed care plan by the IRS.
  • Taxpayer's Federation of Illinois and Illinois Retail Merchants Association file amici curiae brief before the Illinois Supreme Court involving proper situs for retailer tax liabilityIn June 2013, Jones Day filed an amici curiae brief before the Illinois Supreme Court on behalf of the Taxpayer's Federation of Illinois and Illinois Retail Merchants Association, urging the Court to affirm the Illinois appellate court's ruling that the proper situs for retailer tax liability arising under the Home Rule County Retailers' Occupation Tax Law, the Home Rule Municipal Retailers' Occupation Tax Act, and the Regional Transportation Authority Act is the location of purchase order acceptance.
  • Chicago eliminates billion dollar liability through settlement with parking meter operatorJones Day defended the City of Chicago in a claim brought by Chicago Parking Meters, LLC ("CPM") for breach of the parties' agreement over the sale of a 75 year concession interest to operate Chicago's parking meters.
  • High school student to receive special education services for ADHDThe office has formed a partnership with the Equip for Equality's Special Education Program through which our lawyers have been trained to represent special needs students and their families in negotiating Individualized Education Plans with their school officials.
  • High school student, suffering with severe depression and anxiety, finds a way to learn and is afforded the opportunity to graduate on timeMark Rotatori, Danielle Olivotto and Emily Merkler Wood, Jones Day Chicago, recently obtained a favorable result for our client in another special education pro bono matter with our pro bono partner-Equip for Equality.
  • Kindergarten child diagnosed with sensory integration dysfunction obtains all necessary services to allow him to succeedJulie Baker and Mark Rotatori, Jones Day Chicago, represented a kindergarten child and his family in a special education matter against a local school district.
  • Illinois-American Water seeks approval of inter-company agreement from Illinois Commerce CommissionJones Day represented Illinois-American Water Company before the Illinois Commerce Commission relating to approval of an affiliate agreement for water delivery service from American Lake Water Company.
  • Chicago based client succeeds in federal income tax lawsuitJones Day represented a Chicago based client in a successful federal income tax lawsuit action in United States District Court for the Northern District of Illinois.
  • Eighteen year old pro bono client, diagnosed with autism and mild mental retardation, obtains appropriate education and related servicesEmma Salustro and Kenny Luchesi, Jones Day Chicago, successfully concluded litigation for an eighteen year old pro bono client diagnosed with autism and mild mental retardation.
  • Ameren requests increase in electric delivery service rates for AmerenCILCO, AmerenCIPS, and AmerenIPJones Day represented Ameren Corporation in proceedings before the Illinois Commerce Commission requesting an increase in electric and natural gas delivery service rates for AmerenCILCO, AmerenCIPS, and AmerenIP.
  • Education Management Corporation defends claims of education fraudJones Day defended Education Management Corporation against claims of education fraud.
  • Abbott and TAP Pharmaceutical defend against Average Wholesale Price (AWP) litigationJones Day clients Abbott Laboratories and TAP Pharmaceutical Products, along with virtually the entire pharmaceutical industry, have been the subject of civil litigation alleging that drug manufacturers falsely reported the "average wholesale price," or "AWP," for various drugs in order to inflate the reimbursement paid by government and private payors for those drugs.
  • Abbott and TAP Pharmaceutical settle NJ class action claiming violations of Prescription Drug Marketing Act in pricing Lupron®Jones Day represented Abbott Laboratories and TAP Pharmaceutical Products, Inc. in the defense of a New Jersey statewide class action alleging fraud, common law fraud and conspiracy in the pricing of its prostate cancer drug Lupron®.
  • Illinois-American Water wins dismissal in class action alleging inadequate and unreliable serviceJones Day obtained a dismissal for Illinois-American Water Company in a class action filed in the Northern District of Illinois alleging inadequate and unreliable service.
  • Illinois-American Water wins dismissal of case seeking to enjoin construction of $50 million water plantJones Day obtained a dismissal for Illinois-American Water Company in a case filed in Champaign County court seeking to enjoin the construction of a $50 million water plant.
  • Illinois-American Water wins dismissal of case seeking to enjoin water main constructionJones Day obtained a dismissal for Illinois-American Water Company in a case filed in DuPage County Court seeking to enjoin the construction of a water main.
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    June 2020 Reprints

    Defending FCA Actions Related to Pandemic Programs (Business Crimes Bulletin)

    August 2016 Commentaries

    The Voluntary Payment Doctrine Defense Is Alive and Well in Illinois

    May 2016 Alerts

    Crutchfield v. Testa—Can States Tax Online Interstate Retailers Based on Their Virtual Presence?

    May 2016 Alerts

    Taxpayers and Retailers Be Warned!

    February 2016 Commentaries

    Illinois Department of Revenue Close to Clarifying Rules on Taxability of Shipping and Delivery Charges

    November 2015 Alerts

    Sprint Ruling Means a $300 Million FCA Tax Fraud Suit Can Proceed

    October 2015 Alerts

    Illinois Appellate Court Upholds Chicago Revenue Ruling on Taxation of Transactions Outside City Limits

    August 2015 Jones Day Publications

    Illinois Attorney General's Office Announces Intention to Dismiss False Claims Act Against Liquor Retailers

    August 2015 Jones Day Publications

    The Past and Uncertain Future of Quill and the Physical Presence Requirement

    August 2015 Jones Day Publications

    Comptroller of the Treasury of Maryland v. Wynne: What Are the Potential Consequences?
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    Speaking Engagements

    • 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
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