People: Mark A. Lies, II, Partner

Mark A. Lies, II

Partner

Chicago
Direct: (312) 460-5877
Fax: (312) 460-7877
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Mr. Lies is a partner in the Chicago office.  His primary practice areas involve occupational safety and health law, related personal injury litigation and employment law, including single plaintiff and class action litigation and counseling.

In his occupational safety and health law practice he has represented employers on a national basis in complying with occupational safety and health regulations, as well as representing employers during OSHA inspections, OSHA citation enforcement proceedings and trial of OSHA cases before federal and state agencies and appeals to federal and state court.  In the course of this representation, he has also defended related civil tort actions involving mass personal injury and fatality accidents and property damage claims resulting from fires and explosions at refineries and petrochemical plants, construction accidents, ammonia and other toxic substance releases at food and other processing plants, as well as employee exposure to ergonomic hazards, mold, tuberculosis, SARS, MRSA, lead, asbestos, benzene, cadmium, hydrogen sulfide and other toxic substances.  He has extensive experience in disaster preplanning and response, including pandemic preplanning for Avian Flu and Swine Flu (H1N1).

In his companion employment law practice, he represents employers on a national basis involving developing compliant employment policies and appearing before the EEOC and state human rights agencies.  He has defended employers in single plaintiff and class action employment litigation in federal and state court involving discrimination based on race, age, sex, religion, disability and retaliatory discharge cases involving exercise of First Amendment and other employee protected activity.  He has tried jury cases and argued appeals in federal and state courts.  In addition, his practice has included counseling and defense of workplace violence threats and incidents requiring involvement with the FBI, Department of Homeland Security and other federal and state agencies.  He has authored numerous publications on preventing workplace violence, including as editor of “Preventing and Managing Workplace Violence” published by the ABA.

Mr. Lies is a partner in the Chicago office.  His primary practice areas involve occupational safety and health law, related personal injury litigation and employment law, including single plaintiff and class action litigation and counseling.

In his occupational safety and health law practice he has represented employers on a national basis in complying with occupational safety and health regulations, as well as representing employers during OSHA inspections, OSHA citation enforcement proceedings and trial of OSHA cases before federal and state agencies and appeals to federal and state court.  In the course of this representation, he has also defended related civil tort actions involving mass personal injury and fatality accidents and property damage claims resulting from fires and explosions at refineries and petrochemical plants, construction accidents, ammonia and other toxic substance releases at food and other processing plants, as well as employee exposure to ergonomic hazards, mold, tuberculosis, SARS, MRSA, lead, asbestos, benzene, cadmium, hydrogen sulfide and other toxic substances.  He has extensive experience in disaster preplanning and response, including pandemic preplanning for Avian Flu and Swine Flu (H1N1).

In his companion employment law practice, he represents employers on a national basis involving developing compliant employment policies and appearing before the EEOC and state human rights agencies.  He has defended employers in single plaintiff and class action employment litigation in federal and state court involving discrimination based on race, age, sex, religion, disability and retaliatory discharge cases involving exercise of First Amendment and other employee protected activity.  He has tried jury cases and argued appeals in federal and state courts.  In addition, his practice has included counseling and defense of workplace violence threats and incidents requiring involvement with the FBI, Department of Homeland Security and other federal and state agencies.  He has authored numerous publications on preventing workplace violence, including as editor of “Preventing and Managing Workplace Violence” published by the ABA.

Education

  • J.D., DePaul University College of Law (1974)
    Case and Comment Editor, DePaul University Law Journal
  • B.A., University of Notre Dame (1968)

Admissions

  • Illinois

Courts

  • United States Supreme Court
  • U.S. Court of Appeals for the Third, Fourth, Seventh and Eleventh Circuits
  • U.S. District Court for the Northern District of Illinois
  • U.S. Court of Claims

Affiliations

  • Commissioned Officer U.S. Navy/Vietnam Veteran (1968-1974)
  • American National Standards Institute, Member Z244 Committee (1998-)
  • Better Business Bureau of Chicago, Board of Directors (2005-)
  • Illinois Safety Council, Board of Directors (2006-2009)
  • National Demolition Association, Adjunct Member (2001-)
  • National Fire Prevention Association, Adjunct Member (1992-)
  • Union League Club of Chicago, President (2001-02)
  • Village of LaGrange, Chairman Board of Police and Fire Commissioners (1998-)
  • Workplace Violence Prevention Guidelines Committee, American National Standards Institute, ASIS (2005-)
  • Adjunct Member, American Society of Safety Engineers (2007-)

Presentations

Mr. Lies is also a frequent speaker for various employers and professional associations, including:

  • Federal Bureau of Investigation
  • American Gas Association
  • American Society of Safety Engineers
  • Illinois Safety Council
  • Chemical Industry Council of Illinois
  • National Demolition Association
  • Occupational Safety and Health Administration (OSHA)
  • Outdoor Advertising Association of America
  • American Petroleum Institute
  • National Renderers Association
  • Metropolitan Chicago Healthcare Council
  • Food Marketing Institute
  • Illinois Municipal League
  • Associated General Contractors
  • Chicagoland Construction Safety Council
  • National Association of Tower Erectors
  • Institute of Scrap Recycling Industries

Publications

  • Contributing Author, Environmental & Safety Law Update Blog
  • “After the Rain: Disaster Recovery and Employee Safety” Tower Times (November 2009)
  • “Safety: The Universal Language? Literacy and Language Challenges in the Workplace” Concrete Openings (September 2009)
  • “Balancing The ADA With Safety” Tower Times (July 2009)
  • Swine Flu: The Employer’s Guide to the Legal and Workplace Implications of a Swine Flu Outbreak (September 2009)
  • “OSHA Defense 101: Avoiding The OSHA Liability Pyramid” Render (June 2009)
  • “Enhanced OSHA Liability For ‘Controlling Employers’” Tower Times (May 2009)
  • “Safety Violations Could Cost You More Than Money — They May Cost You Your Freedom” Render (April 2009)
  • “Increased Risk Of OSHA Repeat Citation” Render (March 2009)
  • “Sick Building Syndrome: Employer Liability Issues” Tower Times (February 2009)
  • “Avoiding Liability For Terminating The Injured Employee” Render (January 2009)
  • "Balancing ADA with Safety" Employment Practices Liability Consultant (January 2009)
  • “Avoiding Liability For Lockout/Tagout Violations” Tower Times (December 2008)
  • “Personal Protective Equipment: Increasing OSHA Liability for Employers” Render (October 2008)
  • “It’s Not The Same Old Song! Avoiding Age-Related Discrimination Liability” Tower Times (September 2008)
  • “Guns at the Workplace – Liability Challenges” Tower Times (August 2008)
  • “Responding to an OSHA Inspection (Part Three): Render Employee Interview Rights” Render (July 2008)
  • “Necrotizing Fasciitis – Addressing Employee Concerns About the ‘Flesh Eating Bacteria’” Tower Times (June 2008)
  • “Preventing and Managing Workplace Violence” American Bar Association, Editor, Section of State and Local Government (June 2008)
  • “MRSA Infection – Workplace Liability Issues” Tower Times (March 2008)
  • “Responding to an OSHA Inspection” (Parts I & II) Demolition, (January, February 2008)
  • “Tuberculosis Liability Issues in the Workplace” Tower Times (Fall 2007)
  • “OSHA Ability to Cite General Controlling Employer Limited” Tower Times (June 2007)
  • “Corralling the Workplace Bully” Demolition, (May 2007)
  • “Avoiding Liability for Sexual Harassment” Employment Practices Liability Consultant (Winter 2007)
  • "Bye Bye Baby Boomers!" Demolition, Volume 35, Number 1, pp. 31-32 (January/February 2007)
  • “Avoiding Hostile Work Environment Claims by Hispanic Employees” Employment Practices Liability Consultant (Fall 2006)
  • "Dealing with a Hostile Employee," Occupational Health & Safety, Volume 75, Number 11 (November 2006)
  • "Doing the Right Thing Without Fear: Employer use of Automatic External Defibrillator," Tower Times, the magazine for the National Association of Tower Erectors; Render, the magazine for the National Renderers Association; and Demolition, the magazine for the National Demolition Association (October 2006)
  • “Business Continuity Planning: Preparing for an Avian Flu Pandemic,” Co-Author of Book, Alex Information Solutions, Inc. (August 2006)
  • "Employee Access to Workplace Medical and Exposure Records," Occupational Health & Safety, Volume 75, Number 6, pp. 70-75 (June 2006)
  • "Avian Flu is Not Just for the Birds: The Employer's Guide to Legal and Workplace Implications of an Avian Flu Outbreak," BNA Occupational Safety and Health Reporter, Volume 36, No. 15 (April 13, 2006)
  • Candy Gives Employer a Major Toothache - Avoiding Defamation Liability in Employment Actions, Author, Employment Practices Liability Consultant (December 2005)
  • “Employees Bypass OSHA for Retaliatory Discharge Claims” Employment Practices Liability Consultant (Fall 2005)
  • Love at the Office, Dating May Lead to Disaster, Author, Demolition Magazine, National Demolition Association (May/June 2005)
  • Guideline for Workplace Violence Prevention and Response, Contributing Committee Member, ASIS International, 2005
  • Guns at the Workplace – Liability Challenges, Author, Employment Practices Liability Consultant, International Risk Management Institute, 2004
  • School Violence:  From Discipline to Due Process, Author, Chapter 6 Workplace Violence:  School Liability, pp. 81-98, American Bar Association, 2004
  • Get Out of My Face!  Dealing With A Hostile Employee, Author, Tower Times, National Association of Tower Erectors, May 2003
  • Silence is Golden (Worksite Criminal Law Liability), Author, Tower Times, National Association of Tower Erectors, June 2003
  • Workplace Violence:  Costs, Causes and Control, Employment Practices Liability Consultant, Summer 2003
  • Courts Rule on Impact of Alcoholism and Stress, Author, Demolition Magazine, National Demolition Association (Sept./Oct. 2003)
  • Inadequate Fire Response Reemerges In Tragedies, Author, Tower Times, National Association of Tower Erectors, December 2003
  • Workplace Violence:  Costs, Causes and Control, Author, Employment Practices Liability Consultant, International Risk Management Institute, 2003
  • What If . . . Emergency Contingency Planning, Author, Render Magazine, National Renderers Magazine, February 2002
  • Violence Prevention at Work – A Business Perspective, Workplace Violence Symposium, Leesburg, Virginia, Presenter; U.S. Department of Justice, Federal Bureau of Investigation, June 10, 2002
  • Author, Timber! New OSHA Log Falls On Employers (2001)
  • Contributing Editor, BNA Occupational Safety and Health Guide (1998)
  • “Duty to Warn,” Illinois Association of Defense Trial Counsel (First Quarter 1997)
  • “Expert Witnesses; The Standards of Admissibility and the Standards Used in Testimony,” Illinois Association of Defense Trial Counsel (First Quarter 1995)
  • Contributing Author, Industrial Fire Chief Magazine (“Emergency Response,” January, 1992)
  • “Complying with OSHA Regulations, Fire Safety and Emergency Response”  (University of Michigan, October, 1992)
  • “Managing Occupational Safety and Health Law in the 1990s” (Seyfarth Shaw publication, 1992)