Mark D. DeBofsky

Mark D. DeBofsky

Location:
Chicago, Illinois
Phone:
312-702-1842
800-237-5182
Fax:
312-929-0309
Email:

Attorney Mark DeBofsky is a member of the firm as well as an adjunct professor of law at John Marshall Law School. He is a prolific author who has written many journal articles and has been a regular columnist for the Chicago Daily Law Bulletin since 2004. Mark DeBofsky is also an annual contributor to the 2014 Edition of the ERISA Survey of Federal Circuits published by the American Bar Association and has served for many years as a senior editor of Employee Benefits Law published by Bloomberg.

Mark DeBofsky is also a frequent speaker and has lectured at conferences sponsored by many organizations, including the American Bar Association, the American Association for Justice, the Illinois State Bar Association, Illinois Institute of Continuing Legal Education, Chicago Bar Association and LexisNexis/Mealey's. Many of his cases have resulted in precedent setting decisions issued by the United States Court of Appeals for the Third, Seventh, Eighth, and Ninth Circuits.

In 2008, he was nominated as a finalist for LexisNexis' Insurance Law Center Policyholder Attorney of the Year award. Attorney DeBofsky is proud to have been recognized by his peers in the legal profession with the coveted AV® PreeminentTM Peer Review Rated by Martindale-Hubbell®. He was named a Super Lawyer in Employee Benefits/ERISA in every year since 2009, and since 2011, he has been listed among the Top 100 Lawyers in the State of Illinois and among the Top 10 in Illinois in 2017. Recently, the National Trial Lawyers has named him one of the Top 100 Trial Lawyers in the State of Illinois. He has also been ranked by by the Leading Lawyers Network.

Do Private Long-Term Disability Policies Provide the Protection They Promise? You can read Mark DeBofsky's Senate Finance Committee testimony or view the video here.

Areas of Practice

  • Bad Faith Insurance
  • Disability Insurance
  • Health Insurance
  • Pension and other retirement and deferred compensation claims and litigation
  • Employee Retirement Income Security Act (ERISA)
  • Long Term Care Insurance (LTC)
  • Life & Accidental Death & Dismemberment Insurance (AD&D)
  • Litigation & Appeals
  • Employee Benefits

Litigation Percentage

  • 80% of Practice Devoted to Litigation

Certified Legal Specialties

  • Certified Arbitrator, American Arbitration Association, 2010
  • Certified Arbitrator, Circuit Court of Cook County
  • Basic Mediator Training, United States Arbitration and Mediation, Inc., 1994
  • Refresher Training, United States Arbitration and Mediation, Inc., 1997

Bar Admissions

  • Illinois, 1980
  • Hawaii
  • U.S. District Court Northern District of Illinois, 1980
  • U.S. District Court Southern District of Illinois
  • U.S. District Court Central District of Illinois
  • U.S. District Court Eastern District of Wisconsin
  • U.S. District Court Western District of Wisconsin
  • U.S. District Court Northern District of Indiana
  • U.S. District Court Northern District of Iowa
  • U.S. District Court Southern District of Iowa
  • U.S. District Court District of Nebraska
  • U.S. District Court Southern District of New York
  • U.S. District Court Eastern District of Michigan
  • U.S. District Court District of Arizona
  • U.S. District Court District of Hawaii
  • U.S. Court of Appeals 7th Circuit, 1980
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals Federal Circuit, 1983
  • U.S. Court of Federal Claims, 1987
  • U.S. Court of International Trade, 1980
  • U.S. Supreme Court, 1984
  • U.S. Tax Court, 1987
  • Supreme Court of Illinois, 1980

Education

  • University of Illinois College of Law, Champaign, Illinois
    • Juris Doctor - 1980
  • University of Michigan, Ann Arbor, Michigan
    • Bachelor of Arts - 1977
    • Honors: With Honors and High Distinction
    • Major: History

Published Works

  • Betamax on Trial: Universal City Studios v. Sony Corporation 19 PEAL 95, 1979
  • When Good Deeds Go Unrewarded: Recording and Torrens Land Registration 65 Chicago Bar Record 118, 1983
  • The Computer Will Vanquish Title Insurers: True or False?, (Co-Author with William Alban), Real Property (ISBA), Vol. 31, No. 2., October, 1985
  • Document Recording Revolution is Needed, (Co-Author with William Alban), Notary Viewpoint, Vol. XIV, No. 1., February, 1986
  • Improper Insurance Claims Practices: Fashioning a Private Remedy ITLA Law Journal 24, Spr./Sum., 1986
  • 'Premium Shock,' or The Malpractice Crisis Comes to LaSalle Street YLS Journal (The Young Lawyers Section of the Chicago Bar Association), Jan./Feb., 1987
  • Mental Disorders - Insurance May Cover Them TRIAL 41, December, 1987
  • Truth and Consequences - Lie Detectors and Insurance Claims YLS Journal (The Young Lawyers Section of the Chicago Bar Association), November, 1987
  • Social Security Disability Law - A Game Plan TRIAL 18, June, 1988
  • Wrestling With ERISA The Brief (ABA) 19, Winter, 1990
  • Representing the Disabled - A Guide to Attorneys' Fees 1 Workplace Injury Reporter 25 (ATLA), 1991
  • Medical Insurance Litigation Problems of Postpartum Patients, in J.A. Hamilton and P.N. Harberger, eds. Postpartum Psychiatric Illness - A Picture Puzzle, University of Pennsylvania Press, 1992

Classes/Seminars

  • When a Postpartum Depression is Compensable Under an Insurance Policy That Limits or Excludes Coverage for Mental or Nervous Disorders (Presented at Conference on Postpartum Depression), Pennsylvania State University, 1987
  • Perspectives on Postpartum Depression and Criminal Responsibility, Pennsylvania State University, May 28, 1987 - May 30, 1987
  • Breaking Through the Blues, NI-ASPO/LaMaze Continuing Education Workshop, June 19, 1989
  • Social Security Disability, City of Chicago, Department on Aging and Disability, Southeast Regional Center, October 20, 1989
  • Social Security Disability, American Educational Seminars, February 20, 1992
  • Social Security Disability, The Decalogue Society of Chicago, April 15, 1992
  • ERISA Claims and Extracontractual Damages Seminar on Bad Faith and Extracontractual Damage Claims in Insurance Litigation, Chicago Bar Association, Insurance Law Committee, May 19, 1992
  • Adjunct Professor, The John Marshall Law School, Center for Employee Benefits and Taxation (LL.M. Program), Employee Benefits Litigation, 2000 - Present
  • The Shifting Boundaries of ERISA Preemption, Chicago-Kent College of Law, 2014 - Present
  • Small Firm Practice – How to Market a Small Firm, University of Illinois College of Law, March 28, 2013 (with Richard Hanus)
  • Small Firm Practice – How to Market a Small Firm, University of Illinois College of Law, March 12, 2014 (with Richard Hanus, Bradley Nahrstadt, and Michael Rathsack)
  • ERISA Caselaw Update, John Marshall Law School, Fundamentals of Retirement Plan Issues (taught by Professor Kathryn Kennedy), Chicago, Illinois, November 22, 2010
  • Supreme Court and Appellate Court Update, John Marshall Law School, Fundamentals of Retirement Plan Issues (taught by Professor Kathryn Kennedy), Chicago, Illinois, November 23, 2009
  • ERISA Preemption, Chicago-Kent College of Law (course on Employment Relationships taught by Professor Laurie Leader), Chicago, Illinois, March 22, 2004
  • ERISA Fiduciary Liability, University of Michigan (course on ERISA law taught by Professor Dana Muir), Ann Arbor, Michigan, November 19, 2002
  • An Introduction to ERISA Law and Practice, Loyola University School of Law, Health Care Institute, Chicago, Illinois, February 1997, 1998, 1999, 2000, 2001

Honors and Awards

  • Top 10 Leading Plaintiff's Employment Lawyers in Leading Lawyers Magazine - Consumer Edition 2016
  • One of the Top 100 Super Lawyers, 2014
  • Martindale-Hubbell “AV” rating (Highest)
  • Top 100 lawyer in the State of Illinois by Illinois Super Lawyers, 2009- Present
  • Top Ten Illinois Plaintiff's Employment Attorneys by the Leading Lawyers Network
  • Top Ten Illinois Social Security Disability Attorneys
  • 2013 Top Rated Midwest Lawyer, American Lawyer Media and MartindaleHubbell
  • 2013 Top Rated Lawyer in Insurance Law, American Lawyer Media and Martindale-Hubbell
  • The National Trial Lawyers: Top 100 Trial Lawyers, 2012
  • American Academy of Trial Attorneys – Premier 100
  • Finance Monthly, Law Awards 2011, ERISA Firm of the Year, USA
  • Illinois Super Lawyer – Employee Benefits/ERISA, 2005- Present
  • “Leading Lawyer” by Leading Lawyers Network (Illinois) – Top Ten Plaintiff’s Employment Lawyer and Top Ten Social Security Disability Lawyer, 2012
  • Finalist - LEXIS/NEXIS Insurance Law Center Person of the Year 2008, Policyholder Attorney of the Year
  • Fellow of the American College of Employee Benefits Counsel – Inducted 2005
  • Life Fellow, American Bar Foundation
  • Recipient of Pro Bono Leader Award, Equip for Equality
  • Center for Disability and Elder Law – Volunteer Recognition
  • Top 10 Super Lawyer in Illinois, 2017

Professional Associations and Memberships

  • American Association for Justice, Member
  • Illinois State Bar Association, Member
  • Chicago Bar Association
  • Illinois State Bar Association
  • American Bar Foundation, Fellow
  • American College of Employee Benefits Counsel
  • National Organization of Social Security Claimants' Representatives, Member
  • American Bar Association, Tort and Insurance Practice Section, Member
  • Chicago Bar Association, Chairman, Lawyer Referral Service Committee, 1986 - 1987
  • Chicago Bar Association, Chairman, Social Security Law Committee, 1990 - 1991
  • Chicago Bar Association, Secretary, Insurance Law Committee, 1992 - Present
  • Appellate Lawyers Association, Director, 1992 - Present
  • Illinois Trial Lawyers Association, Member
  • Seventh Circuit Bar Association, Member
  • American Bar Association, Employee Benefits Committee, Committee Co-Chair, 2007 - 2010
  • Association of Trial Lawyers of America
  • Chicago Bar Association, Chairman, Chairman, Lawyer Referral Service Committee, 1995 - 1996
  • Federal Bar Association, Director, 2007 - Present
  • American Constitution Society for Law and Policy, Director, 1992 - 1994
  • Hawaii State Bar Association
  • Appellate Lawyers Association, Director, 1992 - 1994

Past Employment Positions

  • Stack & Filpi, Chicago, Illinois, Associate Attorney, 1980 - 1984
  • DeBofsky & DeBofsky, 1984 - 2002
  • Daley, DeBofsky & Bryant, 2002 - 2013

Pro Bono Activities

  • Center for Disability and Elder Law, Volunteer since inception
  • Chicago Multiple Sclerosis Society
  • Equip for Equality – 20th Anniversary Gala Planning Committee, 2005 - Present
  • Gala Planning Committee, 2006 - Present
  • Gala Planning Committee, Co-Chair, 2007 - Present
  • Gala Planning Committee, 2008 - Present
  • Illinois Institute for Continuing Legal Education, Labor and Employment Law Advisory/Planning Committee