FacultyFaculty/Author Profile

Maritoni D. Kane

Mayer Brown LLP

Chicago, IL, USA

Maritoni Kane is an experienced litigator and corporate advisor whose practice is primarily focused on labor and employment litigation and counseling on behalf of employers. She represents clients in matters before federal and state courts, including defending individual and class claims under EEO laws, collective actions under the FLSA, tort claims, breach-of-contract claims, employee safety and health claims, collective bargaining and unfair labor practice claims, and benefits claims. Maritoni's trial work includes bench and jury trials. She also has experience representing employers in private mediations and court and agency-sponsored formal mediation programs.

In addition, Maritoni has significant experience before various administrative agencies.  She has frequently represented employers in proceedings before the Equal Employment Opportunity Commission and the Illinois Department of Human Rights and Illinois Human Rights Commission (age, sex, race, disability, national origin as well as sexual and racial harassment); the US Department of Labor and Illinois Department of Labor (FLSA and state wage claims); and the Occupational Safety and Health Administration (including employee death cases).

Maritoni also counsels and advises clients on day-to-day employment-related matters, including  leave implementation and accommodation issues and discipline and termination decisions. She assists clients in drafting policies and agreements, including employment agreements, separation agreements and covenants not to compete.  She has also successfully served in the role of in-house counsel during extended secondments for a major airline and a telecommunications company.

She also advises on labor and employment issues in corporate transactions, including drafting language for purchase agreements, assessing due diligence materials, drafting offer letters, retention bonus agreements and employment agreements, and assisting with WARN compliance.

Notable Engagements

  • Escriba v. Foster Poultry Farms.  After being called in to try the case just one month before trial, obtained a complete defense jury trial verdict on claims brought by a former employee under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and a claim for wrongful discharge in violation of public policy. 
  • Butler et. Al v. Illinois Bell Telephone Company d/b/a/ AT&T Illinois. Defeated class certification in a Family and Medical Leave Act (FMLA) putative class action and won summary judgment on individual claims.
  • A large multinational corporation. Successfully defended a US Department of Labor wage and hour audit and investigation in Texas alleging violations of the Fair Labor Standards Act (FLSA) related to the exempt status of a class of route sales representatives. The Department of Labor found no violations of the FLSA.
  • Levy and Hyles v. CitiMortgage, Inc. et al. Obtained dismissal of claims alleging violations of the Fair Housing Act (FHA), the Equal Credit Opportunity Act (ECOA), Illinois Consumer Fraud and Deceptive Practices Act, and Illinois common law claims of unconscionability and breach of fiduciary duty.
  • Nowak v. Oce-USA, Inc. Won summary judgment on an former employee's claim for retaliatory discharge in violation of the Family Medical Leave Act (FMLA).
  • Wright and Martin v. Sears Roebuck and Co.  Obtained an order affirming summary judgment for the company in a lawsuit filed by former store general managers alleging that they were fired in violation of the Age Discrimination in Employment Act (ADEA) and Employment Retirement Income Security Act (ERISA).
  • Pinkston v. The University of Chicago.  Won summary judgment in favor of the University in lawsuit brought by a professor alleging a violation of the Equal Pay Act (EPA).      
  • Woods and Magee v. Ernst & Young LLP.  Won summary judgment on claims of race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended.
  • Pro Bono: participated in the U.S. District Court for the Northern District of Illinois' Settlement Assistance Program for Pro Se Litigants; provided advice and counsel to, among others, the Asian University for Women, Better Business Bureau of Chicago and Northern Illinois, Inc. and Girl Scouts of Greater Chicago and Northern Indiana

  • DePaul University College of Law, JD, 1993
    • DePaul Law Review, Articles and Notes Editor, 1992-1993 Writer 1991-1992
  • Northwestern University, BA, 1986

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