Monte L. Mann

Partner

Monte L. Mann
Direct 312.516.5668|Fax 312.419.6928
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Overview

Monte L. Mann is an accomplished courtroom advocate who represents clients in high-stakes civil litigation concerning a wide variety of subject matters, such as commercial contracts, corporate governance and fraud, with a particular emphasis on the financial services, commercial real estate, insurance and manufacturing industries, as well as in defending legal malpractice lawsuits. Monte is experienced in all phases of litigation, including investigations, commencing suit, discovery, depositions, motion practice, trials, judgment enforcement, and asset recovery.  He also serves as co-chair of the firm's Real Estate Litigation Practice Group.  

 

Monte has received numerous honors and distinctions throughout his career.  Benchmark Litigation, the definitive guide to the world's leading litigation firms and lawyers, has named Monte a "Local Litigation Star."  Monte was named one of the “40 Illinois Attorneys under 40 To Watch,” a prestigious list published annually by the Law Bulletin Publishing Company.  In granting him this award, the publisher of the Chicago Daily Law Bulletin and Chicago Lawyer Magazine called him “one of the top litigators in the city [of Chicago].” 

 

Monte also is recognized annually:

 

  • As an “Illinois Leading Lawyer” by Law Bulletin Media, an independent panel that places him among the top five percent of attorneys in Illinois for his legal talent and ethical standing.  
  • As one of the “Best Lawyers in America” by US News & World Report, based on peer review.
  • As an Illinois “Super Lawyer” by Super Lawyers Magazine, an honor conferred on no more than 5 percent of the attorneys in the state based on peer recognition for his professional achievement in Commercial Litigation.  

Monte has been inducted into the Midwest Real Estate News Commercial Real Estate Hall of Fame based on his accomplishments as a trial lawyer for his commercial real estate clients.

 

Monte also is a Fellow of the Litigation Counsel of America, an invitation-only Trial Lawyer Honorary Society established to reflect the new face of the American bar.  Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers.

 

In what the Chicago Tribune called an “extraordinary ruling,” the Circuit Court of Cook County, Illinois, appointed Monte as its Independent Counsel to investigate the role played by the indicted law firm Milberg Weiss in finding plaintiffs to bring a shareholders’ derivative action against Boeing.  This prestigious court appointment, and other of Monte’s cases, have been covered in the national and local press, including the Wall Street Journal, the Los Angeles Times, and Crain’s Chicago Business Magazine.

 

For several consecutive years, based on Monte’s representation of Cummins, Inc., Novack and Macey was named one of the “Go-To” litigation firms for Fortune 500 companies by the publishers of Corporate Counsel magazine.  This honor places the firm in an exclusive group of law firms recognized for delivering exceptional services to Fortune 500 companies and an even more exclusive group that does so in the field of business litigation.

 

Monte has cross-examined some of Wall Street’s most powerful players including Jamie Dimon, Chief Executive Officer of JPMorgan Chase and Howard Milstein, Chairman and CEO of New York Private Bank & Trust and Emigrant Savings Bank.

 

Others have described Monte as follows:

 

  • "… Monte Mann is dynamite in a courtroom and takes the time to make sure you as a client are fully briefed."  --- Anonymous
  • "He is one of the hardest working and brightest people that I know, and he is incredibly committed to his clients and his legal practice... Monte shows amazing poise, judgment and advocacy skills."  --- M.L., General Counsel, NY-based hedge fund.
  • "I am never concerned about whether a litigation matter is being handled properly when Monte is the lead attorney.  He is pragmatic and is the epitome of a 'business persons' lawyer." --- A.M., General Counsel, publically traded automotive-related franchisor.
  • "His scholarship is first rate [and] he is brutally efficient.  There are no wasted motions, no wasted words, no blind alleys and none of the nonsense oft times associated with litigation." ---- J.A., Chief Operating Officer and General Counsel, Midwest-based real estate developer.
  • "Novack and Macey, and Monte Mann in particular, are our trusted advisors, specifically in complicated commercial litigation matters .... They take the time to understand our business to move forward to achieve our goals ..." ---- Anonymous
  • "I have consulted with Novack and Macey for almost 20 years, specifically, Monte Mann and Steve Novack.  The firm has some of the most skilled and talented lawyers in the Chicago area.  They are trusted advisors not only for the litigation process, but how best to bring a commercial focus to ensure they are achieving the best result for the client."  ---- Anonymous

Education

  • University of Pennsylvania (B.A. 1992), Magna Cum Laude, including studies at the London School of Economics
  • Northwestern University (J.D. 1995), note and comment editor, Journal of Criminal Law and Criminology

Speeches & Publications

  • Author, "Standard lease terms don't fit the marijuana industry," Illinois Commercial Real Estate Journal, March 24, 2020.
  • Author, "Maine Supreme Court Finds Fraud Claim Available Where LLC Members Execute Operating Agreement With No Intention To Perform," JD Supra, January 16, 2020.
  • Faculty, "Real Estate Litigation:  A Toolkit for Transactional Lawyers," Practising Law Institute, October 23, 2019.
  • Author, "Illinois First District Holds that Closely Held Shareholders Owe Each Other Fiduciary Duties Even When Settling Contested Litigation Among Them," JD Supra, April 19, 2019.
  • Author, “A primer on commercial real estate brokerage commissions disputes,” REJournals.com (online version of Midwest Real Estate News), May 16, 2016. View PDF.
  • Author, “Five Reasons Real Estate Joint Ventures Go Bad,” REJournals.com (online version of Midwest Real Estate News), October 27, 2015. View PDF.
  • Author, Chapter 6, “Valuation of Minority Interests in Closely Held Illinois Businesses,” Handbook on Disputes Involving Closely Held Companies, published by the Illinois Institute for Continuing Legal Education, 2015.
  • Panelist, “Best Practices in Structuring Joint Ventures,” Urban Land Institute Chicago, Program for Entrepreneurs, June 15, 2015.
  • “Deposing the Corporation under Fed. R. Civ. P. 30(b)(6) and Illinois Supreme Court Rule 206(a)(1),” Chicago Bar Association Committee on Commercial Litigation, June 10, 2013
  • “Recovering Attorney Fees for Defending Frivolous Claims,” 100 Ill. B.J. 474 (Sept. 2012). View PDF.
  • “Nine Steps that Hedge Fund Managers Should Take to Develop a Defensible Electronic Discovery Strategy,” co-authored with Jon Resnick of Applied Discovery, The Hedge Fund Law Report, vol. 4, no. 30, September 1, 2011. Link.
  • “Lender Liability: The borrower’s rights when it comes to loans and loan commitments,” an interview by Troy Sympson, Smart Business Chicago magazine, January 2011. View PDF.
  • Conference Faculty, 2010 Annual Discovery and E-Discovery Conference presented by Law Bulletin Seminars, June 2010.
  • “Choosing Counsel: How to Hire and Keep the Best Litigation Counsel,” Small Business Opportunities Magazine, May 2001.
  • “So You Want To Take Your Company Online?” The Chicago Software News/I-Street Magazine, November 1999.

Representative Cases

Real Estate

  • Defended owner of landmarked high rise in claims brought by adjacent landowner under Reciprocal Easement Agreement or REA.
  • Represented commercial owner in landlord tenant eviction proceedings.
  • Defended global real estate services firm in $120 million claim for negligent real estate portfolio advice.
  • Defended claims asserted against prominent real estate developer for alleged breach of oral contract to share millions in profits.
  • Defended real estate services firm and related entities in multimillion dollar veil-piercing claims.
  • Represented global real estate lender in multimillion dollar contested foreclosure of exclusive shopping center development project in Myrtle Beach, South Carolina.
  • Defended multimillion dollar contract claim concerning internet hosting services asserted against one of largest shopping mall REITs.
  • Represented one of largest shopping mall REITs in multimillion dollar contract dispute concerning private line telecommunications.
  • Represented global real estate services firm in enforcement of non-compete and non-solicitation agreements with former employee.
  • Represented general partner of real estate partnership in defense of claims brought by limited partner for breach of fiduciary duty and breach of partnership agreement.
  • Represented court appointed receivers in numerous high profile commercial foreclosures of shopping malls.
  • Represented court appointed receiver in $110 million receivership concerning interrelated real estate companies.
  • Represented high-profile retail tenant in its multimillion dollar breach of lease claim against landlord concerning redevelopment of State Street Corridor in Chicago.

LAW FIRMS AND LAWYERS

  • Defended international Am Law 100 law firm in legal malpractice claim arising from law firm’s representation in products liability litigation. 
  • Defended international Am Law 100 law firm in legal malpractice claim arising from law firm’s representation in employment litigation.
  • Defended international Am Law 100 law firm in legal malpractice claim arising from charitable gift made to senior living facility.
  • Defended international Am Law 100 law firm in legal malpractice claim concerning alleged conflicts of interest in litigation context.
  • Defended claims asserted against national law firm in action brought by former partner for breach of partnership agreement, accounting and dissolution of partnership.
  • Appointed Independent Counsel in the Circuit Court of Cook County, Illinois’ investigation of circumstances in which Milberg Weiss law firm came to represent plaintiffs in a shareholders’ derivative action against Boeing Co.

Manufacturing

  • Defended international engine manufacturer in U.S. and Canadian antitrust and consumer fraud class action lawsuits.
  • Defended automotive filters manufacturer in national antitrust class action lawsuits.
  • Represented plastics manufacturer in multimillion dollar wrongful death claim arising from plant accident

Transportation

  • Represented the world’s largest independent hourly cost maintenance program for private business jets in numerous business disputes.
  • Represented national truck lessor in breach of contract action for more than $22 million.
  • Represented transportation trade association against State of Illinois in claims that certain state regulations were unconstitutional and otherwise void and unenforceable.
  • Defended founders of privately held aviation industry business in multimillion dollar hostile takeover bid and in prosecuting claims related to the takeover attempts. 

Other Industries

  • Defended buyer in "earn-out" dispute under a stock purchase agreement to acquire a technology company.
  • Represented one of the nation’s largest health insurance companies by enforcing non-competition agreements with former employees.
  • Defended a secured lender’s emergency motion for temporary restraining order to freeze assets of a computer software company.
  • Represented departing founder in contract dispute concerning stock buy-out pricing under a buy-sell agreement.
  • Defended multimillion dollar claims against employee benefits consultant for negligent misrepresentation and fraud.
  • Represented closely-held medical corporation in corporate governance dispute with dissident minority shareholder.
  • Secured dismissal of breach of software license and copyright infringement action brought against insurance industry client.
  • Defended executor of estate and trustee of trust in claims brought by beneficiaries for breach of fiduciary duty and intentional misuse of trust and estate assets.
  • Represented international bank in prosecution of claims related to purchase and sale of commercial mortgage backed securities and collateralized debt obligations or “CDOs”.
  • Represented numerous clients in claims against former employees or officers for embezzling millions in corporate funds.
  • Represented departing company founder in protracted negotiations pursuant to buy-sell provision.

Media