Mark E. Wilson

E: mark.wilson@fisherbroyles.com

D: (312) 498-8078

Chicago Office

vCard

Practice Areas:

  • Bankruptcy & Restructuring
  • Commercial Transactions
  • Financial Services & Lending
  • General Corporate
  • Government
  • Insurance
  • Intellectual Property
  • International
  • Internet E-Commerce
  • Litigation – Appellate
  • Litigation – Civil Pretrial and Trial Services
  • Litigation & Risk Management
  • Mediation
  • Political Law & Litigation
  • Privacy & Data Security
  • Real Estate
  • Securities & Private Equity
  • TCPA Practice Group
  • Technology

Bar Admissions:

  • Illinois
  • U.S. Courts of Appeals, 7th Circuit
  • U.S. Courts of Appeals, 5th Circuit
  • U.S. Courts of Appeals, 10th Circuit
  • U.S. District Court, N.D. Illinois
  • U.S. District Court, C.D. Illinois
  • U.S. District Court, W.D. Wisconsin
  • U.S. District Court, W.D. Texas
  • U.S. District Court, E.D. Michigan
  • U.S. Supreme Court

Education:

  • University of Minnesota Law School, J.D., Cum Laude, 1988
  • University of Minnesota Law Review
  • Kalamazoo College, B.A., 1985

Clerkship:

  • Justice M. Jeanne Coyne, Minnesota Supreme Court, 1988-89

Large Law Firm Experience:

  • Sidley & Austin
  • Lovells
  • Clausen Miller P.C.

Mark is a highly experienced business trial lawyer. He has an unusual breadth and depth of experience, having first-chaired many cases to final jury verdict, final judicial decision and final arbitration award. Mark is known for relentless advocacy, meticulous attention to legal nuance and preparation, and innovative use of courtroom technology to maximize his client’s case at trial. Mark is highly experienced in appellate court rooms as well, having served as lead appellate counsel in dozens of appeals presenting cutting-edge business issues and constitutional issues. Recent significant trial and appellate matters include:

Digital Ally, Inc. v. Z3 Technology, LLC, No. 09-2292-KGS (D. Kan. 2012) (client was sued for declaratory judgment in an IP licensing dispute; we filed a counterclaim and won substantial damages in a jury verdict), aff’d, 754 F.3d 802 (10th Cir. 2014) (opinion announces multiple important holdings on commercial law, intellectual property licensing and appellate procedure).

Insoftvision, LLC v. MB Financial Bank, N.A., No. 1:10-cv-03377 (N.D. Ill. 2013) (not-guilty jury verdict when client was sued over an allegedly fraudulent $1.3 million wire transfer; case raised novel issues under the UCC that the court resolved in our client’s favor)

— Multiple confidential arbitrations between insurers over professional liability coverages, where we prevailed on claims for $75 million and resolved a $200 million issue for the client.

Mark is also known for banking and payments matters. The former head of the Banking Practice Group of the Chicago office of a leading international firm, Mark is regularly consulted by banks and fidelity insurers to handle intricate matters involving the Uniform Commercial Code; federal regulations on payments; wire, ACH, check and other types of financial fraud; security agreements; and commercial collections and disputes. Other significant experience includes matters involving common law fraud, contract, commercial torts, product liability, bankruptcy, creditors’ rights, mechanic’s liens, lender liability, unfair competition, covenants not to compete, shareholder disputes, intellectual property, insurance and reinsurance.

Mark maintains an active non-litigation practice as well. He serves as outside general counsel to an engineering and design firm, and handles real estate and equipment financing matters and loan transactions.

Affiliations:

Illinois Bankers Association: Associate Member liaison, published in Illinois Banker, selected for the Bank Fraud Task Force for 2011-2012, annual attendance at the Illinois Bank Counsel Conference.

Chair, UCC Litigation Subcommittee, American Bar Association, Business Law Section, 2002-2008. Headed the ABA task force charged with drafting pattern jury instructions for UCC Articles 3 and 4. Chair, UCC Committee, Chicago Bar Association. Member of ABA Business Law Section and Committees on Payments, Banking and the UCC. Member of ABA Litigation Section; Tort, Trial and Insurance Practice Section and its Fidelity-Surety Law Committee. Member, Seventh Circuit Bar Association; Chicago Bar Association and its Financial Institutions Committee, Federal Practice Committee and Commercial Litigation Committee; Civil Litigation Committee; Appellate Lawyers Association and its Rules and Moot Court Committees.

Speaking and Presentations:

Many speaking engagements on banking and financial insurance at the Chicago Bar Association Financial Institutions Committee, Creditors Bar Association, American Bar Association Annual Meeting, ABA Business Law Section Spring Meeting, ABA Fidelity and Surety Law Committee Mid-Winter Meeting, National Bond Claims Association, Fidelity Law Association and Chicago Surety Claims Association.

Publications:

Many articles on commercial law and banking, including Mark E. Wilson, ACH and Wire Fraud: Emerging Exposures to Banks, COMMERCIAL & BUS. LITIG. NEWSLETTER (Spring 2011); Mark E. Wilson, The Relative Risks of Frauds and How to Prevent Them, ILLINOIS BANKER (Sept. 2009); Mark E. Wilson, Banks’ Priority Rights Over Mechanic’s Lien Claims for Unlienable Work, COMMERCIAL & BUS. LITIG. NEWSLETTER (Winter 2011).

Reported Decisions:

United States Supreme Court:

Gilmore v. Taylor, 508 U.S. 333 (1993) (drafted successful petition for certiorari, petitioner’s briefs and presented successful oral argument)

Illinois Dep’t of Corrections v. Flowers, 505 U.S. 1239 (1992) (drafted successful petition for certiorari and successful motion to reverse the Seventh Circuit’s denial of a motion to stay the appellate mandate)

United States Courts of Appeal:

Digital Ally, Inc. v. Z3 Technology, LLC, 754 F.3d 802 (10th Cir. 2014)

Union Asset Management Holding A.G. v. Dell, Inc., 669 F.3d 632 (5th Cir. 2012)

Blue Cross Blue Shield of Massachusetts, Inc. v. BCS Ins. Co., 671 F.3d 635 (7th Cir. 2011)

BCS Ins. Co. v. Wellmark, Inc., 410 F.3d 349 (7th Cir. 2005)

Travelers Cas. & Sur. Co. of Am. v. Wells Fargo Bank N.A., 374 F.3d 521 (7th Cir. 2004)

Travelers Indem. Co. v. Engel, 81 F.3d 711 (7th Cir. 1996)

Hill v. City of Indianapolis, 17 F.3d 1016 (7th Cir. 1994) (amicus brief)

Landers Seed Co., Inc. v. Champaign Nat’l Bank, 15 F.3d 729 (7th Cir. 1994)

In re Marchiando, 13 F.3d 1111 (7th Cir. 1994)

In re Roberson, 999 F.2d 1132 (7th Cir. 1993)

Burgess v. Ryan, 996 F.2d 180 (7th Cir. 1993)

MSA Realty Corp. v. State of Illinois, 990 F.2d 288 (7th Cir. 1993)

Reed v. Gardner, 986 F.2d 1122 (7th Cir. 1993)

Barnhill v. Doiron, 958 F.2d 200 (7th Cir. 1992)

Rose v. Lane, 910 F.2d 400 (7th Cir. 1990)

State Supreme Courts:

Strategic Resources Co. v. BCS Life Ins. Co., 367 S.C. 540 (2006)

Doe v. Gainer, 162 Ill. 2d 15 (1994)

State Appellate Courts:

Henry v. Waller, 975 N.E.2d 93 (1st Dist. 2012)

Meng v. Maywood Proviso State Bank, 301 Ill. App. 3d 128 (1st Dist. 1998)

Phillips Electronics, N.V. v. New Hampshire Ins. Co., 295 Ill. App. 3d 895 (1st Dist. 1998)

People v. Provenzano, 265 Ill. App. 3d 33 (2d Dist. 1994)

Hickey v. Huber, 263 Ill. App. 3d 560 (1st Dist. 1994)

Wheat v. Wilbur, 261 Ill. App. 3d 323 (3d Dist. 1994)

May v. Central Illinois Public Service Co., 260 Ill. App. 3d 41 (5th Dist. 1994)

Kostopoulos v. Poladian, 257 Ill. App. 3d 95 (1st Dist. 1993)

Worthen v. Village of Roxana, 253 Ill. App. 3d 378 (5th Dist. 1993)

Bates v. Wilbur, 245 Ill. App. 3d 377 (3d Dist. 1993)

Grigoleit v. Pollution Control Bd., 245 Ill. App. 3d 337 (4th Dist. 1993)

David Blumenfeld, Ltd. v. Department of Professional Regulation, 263 Ill. App. 3d 981 (1st Dist. 1993)

People ex rel Hartigan v. Anderson, 232 Ill. App. 3d 273 (3d Dist. 1992)

Gallagher Drilling, Inc. v. Department of Revenue, 228 Ill. App. 3d 490 (4th Dist. 1992)

Noteworthy District Court Decisions and Bankruptcy Appeals:

Digital Ally, Inc. v. Z3 Technology, LLC, 864 F. Supp. 2d 1050 (D. Kan. 2012)

U.S. Fidelity and Guaranty Co. v. Bank of Bentonville, 29 F. Supp. 2d 553 (W.D. Ark. 1998)

Vaughn v. Illinois State Scholarship Comm’n, 151 B.R. 481 (C.D. Ill. 1993)

In re Marchiando, 142 B.R. 246 (N.D. Ill. 1992)

In re Roberson, 138 B.R. 885 (N.D. Ill. 1992)