Mario D. Robertson

/My focus

My practice spans the full lifecycle of complex litigation, from drafting complaints and pleadings to managing discovery, conducting depositions, drafting and arguing dispositive and procedural motions, and settlement negotiation. I have experience in litigating and arbitrating a wide range of complex commercial matters, including class actions, trade secret misappropriation claims, contract disputes, derivative shareholder actions, False Claims Act claims, and consumer protection claims.

I also have experience in representing clients in financial regulatory enforcement and arbitration proceedings, including matters involving breach of fiduciary duty, suitability, fraud, and securities violations, as well as enforcement actions before the SEC, FINRA, and the NFA.

/Representative experience

Includes experience from prior firms.

• Represented a registered investment advisor in a FINRA arbitration involving a breach of fiduciary duty claim. Obtained an award denying claimant’s $3 million in claims in their entirety.
• Represented a technology company in a lawsuit seeking to enjoin former employees from violations of the Illinois Trade Secrets Act, Defend Trade Secrets Act, and related contractual claims, including through expedited discovery in connection with preliminary injunction proceedings.
• Represented a retailer in a class action involving claims of implied warranty violations, consumer fraud, unfair competition, and false advertising.
• Represented a financial institution accused of violations of the False Claims Act, with responsibility spanning all phases of discovery and witness preparation.
• Represented a healthcare provider accused of violations of the False Claims Act and Colorado Medical False Claims Act in a qui tam action.
• Represented a financial institution in a class action alleging Sherman Act violations, fraud, and related claims.
• Represented a broker-dealer in a FINRA arbitration involving fraud, misrepresentation, unsuitability, breach of fiduciary duty, negligence, state securities act violations, and breach of contract claims. Successfully limited claimant’s recovery to approximately one-third of damages sought.
• Represented a broker-dealer in a FINRA arbitration involving breach of fiduciary duty, state securities act violations, and professional negligence claims.
• Represented a swap dealer in an enforcement action concerning failures to disclose daily mid-market marks to counterparties.
• Represented a broker-dealer in a FINRA inquiry related to the firm’s best execution obligations, including preparing witnesses for on-the-record testimony.
• Represented a futures commission merchant in an NFA action involving charges related to books and records, customer confirmation statements, and failure to supervise.
• Represented an individual and limited liability company in connection with an SEC subpoena, overseeing document review and production and preparing presentations to SEC staff.
• Obtained dismissal of a federal Clean Water Act claim in the Circuit Court of Cook County on oral argument.

/Looking ahead

I am following challenges in the enforcement of non-compete and solicitation agreements. Narrowly tailored agreements and adherence to best practices regarding trade secrets are imperative to protect client interests.