Maritoni D. Kane

Maritoni Kane is a senior litigation counsel in Mayer Brown’s Chicago office. She has extensive experience as a litigator and corporate advisor in the area of labor and employment law and is noted in Chambers USA as a recognized practitioner in Labor & Employment in Illinois.

Employment Litigation. She represents employers 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 represents employers in private mediations and court and agency-sponsored formal mediation programs.

Administrative Proceedings. In addition, Maritoni has significant experience before various administrative agencies. She frequently represents employers in proceedings before the Equal Employment Opportunity Commission and state agency counterparts; the US Department of Labor and state agency counterparts; and the Occupational Safety and Health Administration (including employee death cases).

Advice and Counsel. Maritoni also counsels and advises clients on day-to-day employment-related matters, including leave implementation, accommodation issues, and discipline and termination decisions. She has also successfully served in the role of in-house counsel during extended secondments for a major airline, a telecommunications company and a regional bank.

Internal Investigations. She conducts sexual harassment and other internal investigations as a part of her practice. The internal investigations typically involve sensitive issues or complex personnel dynamics.

Drafting. She assists clients in drafting and updating handbooks and policies, and drafting agreements, including employment agreements, separation agreements and restrictive covenant agreements.

Transactions. 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.

Cross-border experience. Maritoni also works on cross-border matters, including working with attorneys in non-US jurisdictions on employment policies, mobility issues, employment and other agreements and general employment law matters related to employees working in non-US jurisdictions and non-US employees working in the US.

Commercial Litigation. Maritoni also represents a number of prominent financial institutions, defending multi-defendant lawsuits challenging mortgage lending practices.

Employment Litigation Experience

• Rychorcewicz w. Welltec (S.D. Texas). Obtained summary judgment on behalf of client Welltec after discovery in a wage and hour collective action under the Fair Labor Standards Act (FLSA), and defeated plaintiffs’ related motion to strike portions of Welltec’s supporting evidence.
• Keller v. Axa Equitable Life Insurance Company (S.D. New York). Defeated class certification on plaintiffs' wage and hour claims under state law that they were not paid properly for logging on and off their computers at the beginning and end of their shifts.
• Duran v. Sara Lee Corporation (W.D. Michigan). Obtained a defense jury trial verdict on plaintiffs' claims under the FLSA that they were not paid properly either for donning and doffing related to meal breaks, or for donning and doffing good manufacturing practices gear before and after their work shifts.
• Escriba v. Foster Poultry Farms (E.D. California). 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 (N.D. 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.
• Wright and Martin v. Sears Roebuck and Co. (6^th Circuit). 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 (N.D. Illinois). 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 (N.D. Illinois). 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 US 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; partnered with attorneys from AT&T on the Wills for Heroes program; partnered with attorneys from Caterpillar, Inc. on the Forced Marriage Initiative project for the Tahirih Justice Center.

Internal Investigation Experience

• Conducted an internal investigation into allegations of harassment and threatening behavior for a financial services company which involved incidents that  occurred both in the workplace and outside of the workplace after hours.
• Conducted an internal investigation into allegations of harassment for a manufacturing company that included allegations of sexual conduct between an executive and a line worker.
• Conducted an internal investigation into allegations of discrimination and harassment as a result of a contingent worker filing an EEOC charge against an automobile company alleging claims of sex and race discrimination, retaliation and harassment relating to her not being hired as a permanent employee, for retaliation for complaining about discrimination and for harassment by a manager. 
• Conducted an internal investigation involving allegations of race, color and national origin discrimination brought by multiple employees related to the termination of their employment.
• Conducted an investigation involving allegations of age discrimination brought by a former member of an organization’s legal department.
• Conducted an investigation involved allegations of gender discrimination, harassment and favoritism against a high level manager.

Transactional Experience

• Represented Caterpillar, Inc. in its acquisition of Bucyrus International, Inc. Conducted due diligence review and provide advice and counsel on employee issues.
• Represented Caterpillar Inc. and its affiliates in the sale of its legacy Bucyrus mining equipment sales, service and support business in, among other countries, Australia, Botswana, Brazil, Canada, Chile, Peru and South Africa: coordinated with local country counsel and provided advice and counsel on employee issues and drafted language for purchase agreements.
• Represented Dow AgroSciences in numerous acquisitions of seed businesses. Drafted employment agreements for executives transitioning to Dow.
• Represented Ocwen Financial Corporation in its acquisition of HomEq Servicing, a US mortgage servicing business, from Barclays Bank PLC and Barclays Capital Real Estate Inc. Provided advice and counsel on employee transition issues.

Commercial Litigation Experience

• Moody v. CitiMortgage, Inc., et al. Obtain dismissal of claims alleging violations of the Real Estate Settlement Procedures Act (RESPA), the Racketeer Influenced and Corrupt Organizations (RICO) Act, and claims of common law fraud and unjust enrichment.
• Peterson v. CitiMortgage, Inc. et al., Kraus v. CitiMortgage, Inc., et al., Adorno v. CitiMortgage, Inc., et al. and Anderson v. CitiMortgage, Inc., et al. Obtained dismissals in each case of various claims challenging foreclosures and the securitization of mortgages.
• 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.

• Northwestern University, BA
• DePaul University College of Law, JD
  DePaul Law Review, Articles and Notes Editor; Writer

• Illinois

• Member, Filipino American Lawyers Association of Chicago
• Board Member, Friends of Youth Services of Glenview/Northbrook