Mark Shanberg is Senior Counsel in Tyson & Mendes’ Chicago office. Mr. Shanberg is a seasoned litigation attorney with over 27 years of practical experience. He has successfully defended his clients in a variety of concentrations including medical liability, construction liability, product liability, trucking and transportation liability and premises liability. Most of Mr. Shanberg’s cases involve wrongful death or catastrophic injuries that rely heavily on liability and medical experts. He prepares every case as if it is going to trial, meaning that trial strategy is being developed from the moment the responsive pleading is prepared. Mark Shanberg has deposed over a hundred liability and damages witnesses, and is known by his peers as a zealous and ethical advocate for his clients. He has served as a guest speaker to discuss with nursing students the potential pitfalls involved in medical negligence cases. Mr. Shanberg is rated as AV® Preeminent™ by Martindale-Hubbell and has been recognized by Illinois Leading Lawyers in the area of Personal Injury Defense Law, General.
Based on a collaborative relationship with the client, Mark Shanberg formulates and implements a litigation strategy to ensure competent and cost-effective representation of the client’s rights and interests by considering risk transference opportunities, dispositive motions, settlement/mediation potential and the risks/benefits of taking the case to trial. He has first-chair trial experience, served as lead counsel in over one hundred mandatory arbitrations, and has successfully navigated his clients through voluntary mediations. Mr. Shanberg brings a true value-added approach to each case by quickly assessing the liability and damages, and presenting the client with a thoughtful analysis setting forth his recommendations to obtain the most beneficial result for the client.
Mark Shanberg earned his undergraduate degree in political science from Indiana University in 1989, and his J.D. from The John Marshall law School in 1992. He is a member of the bars of the State of Illinois and the Northern District of Illinois. Mr. Shanberg is also a member of the Illinois State Bar Association.
Outside the office, in addition to spending time with his family, Mark Shanberg enjoys his spin classes, outdoor road bike rides, and time at the gym. He likes to keep busy. On most weekends in the spring and summer you can find him outside doing yard work and looking for DYI home improvement projects to undertake. “Idle hands make fretful minds.” – Shelley Shepard Gray.
The Illinois Biometric Privacy Act (BIPA) went into effect in 2008 and imposes requirements and restrictions on private sector businesses which collect or otherwise obtain biometric information, including fingerprints, retina scans, and facial geometry scans from individuals. Among other requirements, businesses must receive written consent from individuals before obtaining their biometric data, and they must disclose their policies for usage and retention of the information. For negligent violations, individuals can recover the greater of $1,000 or their actual losses. For reckless violations, the baseline award increases to $5,000. This article will discuss a recent Illinois Rosenbach v. Six Flags Entertainment Corp., Supreme Court decision addressing the application of BIPA. A general overview of BIPA will provide helpful context to our analysis.
On January 13, 2021, with the backing and encouragement of the Illinois Trial Lawyers Association, the Illinois General Assembly passed House Bill 3360, which amends section 2-1303 of the Illinois Code of Civil Procedure. This bill would amend the state’s prejudgment interest statute to allow recovery of nine percent interest per year on all personal injury and wrongful death claims decided in favor of plaintiff. If passed into law, plaintiffs in personal injury and wrongful death cases will recover prejudgment interest at the rate of nine percent per year on all damages awarded in a trial.
The use of special interrogatories is the practice of submitting to the jury specific written questions regarding the facts giving rise to their verdict. Special interrogatories entered into the American jurisprudence system through the common law, and its modern use and application is typically governed by statute. In Illinois, the special interrogatories statute is codified in 735 ILCS 5/2-1108. The Federal Rules of Civil Procedure also provide for the use of special…
Most “standard” sets of interrogatories directed at a plaintiff seek information concerning the existence of any social media platforms such as Facebook, Instagram/Finsta, Twitter, and Snapchat. Assuming the existence of one or more of these accounts, unless and until the plaintiff’s counsel instructs their client to stop posting on these account(s), often times the plaintiff will continue posting photographs and “updates” recounting their recent activities. In this regard, a preservation letter and/or order requiring the plaintiff to preserve any photographs…