John C. McIlwee

Associate

Chicago
T +1.312.416.6248
F +1.312.416.6268

Overview

John McIlwee represents and counsels employers in labor and employment matters, using his written and oral advocacy skills to effectively vindicate clients at trial, throughout pre-trial litigation and in all aspects of pre-litigation dispute resolution. He has taken a lead role in more than a dozen class/collective actions involving wage and hour concerns, as well as other employment laws. He has also counseled employers in the supply chain, retail, financial services and staffing industries on a multitude of legal issues, including compliance with federal, state and local employment laws. His strategic advice helps to minimize or eliminate exposure to class action litigation.

John has an appreciation for technology that benefits his clients: He is a proponent of the use of data analytics and artificial intelligence in human resources and legal services, and he constantly looks for opportunities to improve his practice through innovative methods. John is a contributor to BakerHostetler's Blockchain Monitor, a blog committed to covering blockchain and distributed ledger technologies.

Select Experience

  • Obtained dismissal of putative nationwide FLSA collective action and parallel state law class action asserting wage claims for work-related off-the-clock text and email communications.
  • First-chaired jury trial to $1 million verdict in favor of client in a breach of contract case in the U.S. District Court for the Eastern District of Virginia.
  • Defeated conditional certification of nationwide collective action for a provider of inspection services to the property and casualty insurance industry, where a former field representative alleged violations of minimum wage and overtime provisions of the FLSA purportedly arising out of the employer’s piece-rate payment system.
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Experience

  • Obtained dismissal of putative nationwide FLSA collective action and parallel state law class action asserting wage claims for work-related off-the-clock text and email communications.
  • First-chaired jury trial to $1 million verdict in favor of client in a breach of contract case in the U.S. District Court for the Eastern District of Virginia.
  • Defeated conditional certification of nationwide collective action for a provider of inspection services to the property and casualty insurance industry, where a former field representative alleged violations of minimum wage and overtime provisions of the FLSA purportedly arising out of the employer’s piece-rate payment system.
  • Defeated class certification for a movie rental chain brought by employees who alleged the client failed to pay them for off-the-clock work. A federal judge denied to certify class based on the plaintiffs’ failure to establish common claims.
  • Advised clients on compliance with Title VII, ADAAA, FMLA, FLSA, ADEA, OFCCP, WARN Act, parallel state statutes and local laws, state wage payment acts and restrictive covenants.
  • Conducted internal investigations related to whistleblowing activities, alleged discrimination and harassment, and represented employer in investigation conducted by state attorney general.

Recognitions and Memberships

Recognitions

  • Leading Lawyers "Emerging Lawyer" (2015)
  • Illinois Super Lawyers "Rising Star" (2014 to 2019)

Memberships

  • American Bar Association
  • Chicago Bar Association
  • Illinois State Bar Association
    • Insurance Law Section Publication, The Policy: Co-Editor (July 2012 to December 2014)

Community

  • Johnny’s IceHouse Adult Hockey League: Player, Captain and Manager

Admissions

  • U.S. Court of Appeals, Seventh Circuit
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Southern District of Indiana
  • Illinois

Education

  • J.D., Loyola University Chicago School of Law, 2010, CALI Award recipient in Transnational Dispute Resolution and Evidence; Philip H. Corboy Fellowship recipient in Trial Advocacy
  • B.A., The University of Iowa, 2006

Blog

In The Blogs

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Blockchain Monitor
NY BitLicense Approval, Blockchain for Energy Commodities, CFTC Enforcement, Advertising Use Cases and More
By John C. McIlwee, Simone O. Otenaike, Panida A. Pollawit, Marc D. Powers
November 16, 2018
In this issue: • New BitLicense Approval, Stablecoin Developments and BAT on Coinbase • Blockchain Platform for Energy Commodities Announced in U.S., Restrictions Ease in Foreign Markets • CFTC and State Securities Enforcement, Litigation...
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Blockchain Monitor
Blockchain Developments: NY AG Issues Report, Major Japanese Exchange Hacked, Global Attitudes Diverge and Use Cases for Social Good Emerge
By John C. McIlwee, Robert A. Musiala Jr., Simone O. Otenaike, Diana J. Stern
September 21, 2018
In this issue: • New York Attorney General Issues Virtual Markets Integrity Initiative Report • Major Hack of Japanese Exchange, Multiple U.S. Enforcement Actions • Blockchain Capital Markets Solutions Advance, Global Regulations Diverge •...
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Blockchain Monitor
U.S. Customs Pilots Blockchain, SEC Rejects Bitcoin ETFs, Governments' Investment and Enforcement Actions Continue
By John C. McIlwee, Simone O. Otenaike, Jaime B. Petenko, Joanna F. Wasick
August 24, 2018
In this issue: • U.S. Customs Pilots Blockchain for Supply Chain as Private Sector Pilots Continue • The SEC Rejects Bitcoin ETFs; New Exchanges and Services Announced Abroad • Governments Worldwide Continue to Invest in Blockchain...
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Blockchain Monitor
Risk and Regulation in AML/Tax, ICO Scrutiny, Provenance POCs
By John C. McIlwee, Robert A. Musiala Jr., Panida A. Pollawit
July 13, 2018
In this issue: • Cryptocurrency Global Regulations Tighten as Financial Crime Risks Intensify • Global Tax Regimes Evolve With Varied Perspectives as Market Seeks Clarity • Latest Trends for ICOs: Success Rate and Government Scrutiny of...
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Blockchain Monitor
Maersk Pilot Goes Live, Cyberthefts and Enforcement Actions Continue Across Globe
By Jonathan D. Blattmachr, John C. McIlwee
June 1, 2018
In this issue: • New Waters Charted for Blockchain in Marine Insurance • Cyber-hacks Continue to Plague Cryptocurrency Industry • New Enforcement Actions in the U.S. and Abroad New Waters Charted for Blockchain in Marine Insurance By: John...
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