People: Mark Casciari, Partner

Photo of Mark Casciari, Partner

Mark Casciari

Partner

Chicago
Direct: (312) 460-5855
Fax: (312) 460-7855
Mobile: (847) 414-4420
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Mark Casciari is a partner in the firm’s Labor and Employment Department and its ERISA and Employee Benefits Litigation Practice Group.  Mr. Casciari regularly represents employers, plan sponsors, plans, plan administrators, fiduciaries, and independent fiduciaries.
 
Mr. Casciari has extensive class action experience, having defended more than 20 class actions, in nearly all of which he has served as lead defense counsel.  He also has represented defendants in many more multi-plaintiff cases.  Mr. Casciari has experience with expert witness testimony, joint representation and joint defense agreements, and with all other aspects of complex litigation, including electronic discovery.
 
Mr. Casciari has practiced before the United States Supreme Court, Courts of Appeals, District Courts, the Department of Labor and Pension Benefit Guaranty Corporation, and state court and agencies.  He has tried many cases before federal and state judges and juries, administrative law judges, hearing officers and arbitrators.  He has taken or defended hundreds of depositions, including expert depositions.  He has served as lead counsel for the defense in private mediations and settlement conferences.
 
Mr. Casciari  has been long recognized as a leading lawyer for national ERISA Litigation Law in Chambers USA: America’s Leading Business Lawyers.  He is a frequent speaker on ERISA and employee benefits topics, and on the Federal Rules of Civil Procedure.
 
Mr. Casciari has a history of pro bono representation.
 
Mark Casciari is a partner in the firm’s Labor and Employment Department and its ERISA and Employee Benefits Litigation Practice Group.  Mr. Casciari regularly represents employers, plan sponsors, plans, plan administrators, fiduciaries, and independent fiduciaries.
 
Mr. Casciari has extensive class action experience, having defended more than 20 class actions, in nearly all of which he has served as lead defense counsel.  He also has represented defendants in many more multi-plaintiff cases.  Mr. Casciari has experience with expert witness testimony, joint representation and joint defense agreements, and with all other aspects of complex litigation, including electronic discovery.
 
Mr. Casciari has practiced before the United States Supreme Court, Courts of Appeals, District Courts, the Department of Labor and Pension Benefit Guaranty Corporation, and state court and agencies.  He has tried many cases before federal and state judges and juries, administrative law judges, hearing officers and arbitrators.  He has taken or defended hundreds of depositions, including expert depositions.  He has served as lead counsel for the defense in private mediations and settlement conferences.
 
Mr. Casciari  has been long recognized as a leading lawyer for national ERISA Litigation Law in Chambers USA: America’s Leading Business Lawyers.  He is a frequent speaker on ERISA and employee benefits topics, and on the Federal Rules of Civil Procedure.
 
Mr. Casciari has a history of pro bono representation.
 

Education

  • J.D., Boston College Law School, cum laude 

  • B.A., University of Southern California, magna cum laude, Phi Beta Kappa 
       studies at Universite' de Rouen, France

Courts

  • United States Supreme Court 
  • Illinois Supreme Court
  • Arizona Supreme Court
  • U.S. Courts of Appeals for the First, Third, Fourth, Sixth, Seventh, Eighth, Ninth and District of Columbia Circuits (successfully argued 11 of 13 appeals in the Seventh Circuit)
  • U.S. District Courts for the District of Arizona, Disctrict of Colorado, Central District of Illinois, Northern District of Illinois (including its Trial Bar), Northern District of Indiana, Eastern District of Michigan, Western District of Michigan, District of Nebraska, Western District of Tennessee, Eastern District of Wisconsin, Western District of Wisconsin 
  • Supreme or lower courts, pro hac vice, of Alaska, Indiana, Minnesota, and Wisconsin

Affiliations

  • Fellow, American College of Employee Benefits Counsel
  • Fellow, College of Labor and Employment Lawyers
  • American Bar Association
  • Labor and Employment Law Section, Employee Benefits Committee; Litigation Section
  • Past Associate Senior Editor, Employee Benefits Law Treatise 
  • Federal Bar Association
  • Seventh Circuit Bar Association

Representative Engagements

Supreme Court ERISA Cases
  • LaRue v. DeWolff, Boberg & Assoc., 552 U.S. 248 (2008) ERISA remedies) (amicus representation of the U.S. Chamber of Commerce and the Financial Services Roundtable 
  • Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003) (ERISA preemption) (amicus representation of Society of Human Resource Management (SHRM))
Class Actions
  • Mr. Casciari has defended more than 20 class actions throughout the United States, and served as lead trial attorney in  two employee benefits class actions that were tried to judgment.
Other Cases of Note
  • Mr. Casciari has commenced or defended ERISA fiduciary, 401(k) fee, cash balance plan conversion, interpleader, ESOP, retiree medical, COBRA, benefit claim, ERISA preemption, collective bargaining agreement contribution cases, Administrative Procedure Act and U.S. Constitution, Mental Health Parity Act, Title VII, Pregnancy Discrimination Act, ADA, and ADEA cases.  Many of his cases are reported decisions in the federal Courts of Appeal.
Withdrawal Liability
  • Of particular note is that Mr. Casciari has represented contributing employers on more than 60 multi-employer withdrawal liability assessments or contemplated assessments, requests for review, arbitrations and federal Court litigation, involving 15 different multi-employer pension funds

Publications

Faculty Positions

  • ACI National Forum on ERISA Litigation (2013-Present)
  • Northwestern University School of Law, Adjunct Faculty, Trial Advocacy (2003-2015) and Civil Discovery (2007)
  • University of Arizona, College of Law, Part-Time Professor of Practice, Contemporary Issues in Employment Law (2016-17) and Negotiation of Employment Agreements and Separation Agreements (2017)