Hon. Sidney I. Schenkier (Ret.) joins JAMS following over 20 years of distinguished service as a United States magistrate judge for the Northern District of Illinois, including two terms as presiding magistrate judge. During his time on the bench, Judge Schenkier presided over approximately 40 jury trials, bench trials, and preliminary injunction hearings, which included cases raising patent and trademark claims, employment law claims, constitutional claims, medical malpractice and other personal injury claims, trade secrets claims, and other business disputes.

In addition, Judge Schenkier has mediated well over 2,000 cases involving a broad array of federal and state law claims, including major class action and multidistrict litigation cases. He works tirelessly with parties to identify an approach that will work for their matters. Judge Schenkier is known for his commitment to the process, believing that few litigated outcomes are superior to what parties can achieve by jointly taking control of the resolution of their dispute.

ADR Experience and Qualifications

Judge Schenkier has substantial experience adjudicating and mediating in the following areas:

• Antitrust & Competition
• Aviation
• Business & Commercial
• Civil Rights
• Class Action & Mass Tort
• Employment Law
• Environmental Law
• Federal Law
• Health Care
• Insurance
• Intellectual Property
• Maritime & Admiralty Law
• Personal Injury/Torts
• Product Liability
• Professional Liability
• Real Estate & Real Property
• Special Master/Discovery Referee
• Securities

Representative Matters

• Antitrust & Competition
• ACT, Inc. v. Cambridge Educ. Services, Inc. (14 C 3882): Successfully mediated a contract, trademark, and antitrust case.
• Business Commercial
• Arbitrated multiple consumer disputes.
• Arbitrated an alleged deceptive and fraudulent practice in violation of the CA Consumer Legal Remedies Act, CA Unfair Competition Law, and CA False Advertising Law.
• Arbitrated a consumer credit dispute.
• Arbitrated a claim alleging breach of contract by a hospital.
• Arbitrated a contract matter involving a casino development project.
• Arbitrated by baseball arbitration, a dispute over the valuation of shares in a non-public entity.
• Selected to arbitrate an emergency arbitration involving claims of breach of operation agreement and fiduciary duty.
• Arbitrated a dispute between a real estate investment and development platform and its’ investors dealing with $100 million in capital raised and billions of dollars in active deals with investment partnerships with large banks and investor families.
• Successfully mediated a contract dispute over contract termination and if there remains a 120-day transition after termination or if there is a minimum spend obligation.
• Successfully mediated a breach of a consulting agreement and for contractually mandated payments tied to profitability.
• Successfully mediated a contract dispute between a university and a faculty member.
• Successfully mediated a contract dispute between a supplier of paper goods and a national retailer.
• Successfully mediated a claim by an employer that former employees violated non-compete covenants.
• Successfully mediated multiple cases involving litigation arising out of a major Ponzi scheme.
• Successfully mediated a dispute between a software vendor and a law firm.
• Successfully mediated a dispute involving a family business, resulting in a buyout.
• Successfully mediated a fee dispute between attorneys.
• Arch v. Roy Strom (15 C 8076 & 15 C 5709): Successfully mediated a ten-party dispute involving an admiralty claim, a state court property damage claim, and a federal court declaratory judgment action.
• Civil Rights
• Successfully mediated multiple excessive force cases.
• Successfully mediated cases involving the deaths of detainees while in custody.
• Successfully mediated multiple wrongful death cases of detainees in custody.
• Dunn v. City of Chicago (04 C 6804): Successfully mediated a constitutional challenge to police practices involving three classes totaling several hundred thousand members that settled after 50 separate mediation sessions over three years.
• Strong v. Tressman (16 C 4885): Successfully mediated a wrongful conviction case.
• Shaw Suburban Media v. Thomas (07 C 3289): Successfully mediated a post-trial defamation and Section 1983 case involving an Illinois Supreme Court justice.
• Uptown Tent City Org. v. City of Chicago (17 C 4518): Preliminary injunction hearing and ruling on a constitutional challenge of efforts to relocate homeless who had set up tent encampments under viaducts on Lake Shore Drive.
• Class Action & Mass Tort
• Arbitrated by baseball arbitration a post-settlement fee dispute in a Telephone Consumer Protection Act (TCPA) case.
• Successfully mediated multiple Biometric Information Privacy Act (BIPA) class actions.
• Successfully mediated multiple Illinois Right of Publicity Act (IRPA) class actions.
• Successfully mediated multiple Telephone Consumer Protection Act (TCPA) class actions.
• Served as a neutral in a class action mediation-arbitration case involving the Telephone Consumer Protection Act (TCPA).
• Successfully mediated a class action involving nuisance from plant emissions.
• Served as a special master deciding a post-settlement fee dispute in a Fair Labor Standards Act (FLSA) class action/opt-in case.
• Duffer v. United Airlines (13 C 3756): Successfully mediated a class action USERRA case arising out of the United Airlines/Continental Airlines merger.
• Employment Law
• Arbitrated multiple employment cases involving alleged discrimination based on race, sex, religion, age, sexual orientation, national origin, political affiliation, and disability.
• Selected to arbitrate a workplace discrimination and termination case for a major discount retailer.
• Successfully mediated multiple employment cases involving alleged discrimination based on race, sex, religion, age, sexual orientation, national origin, political affiliation, and disability. Examples:
• Successfully mediated an employment discrimination case for a global science and technology manufacturer. 
• Successfully mediated a claim by an employee against a healthcare data company alleging disability discrimination and retaliation. 
• Successfully mediated claims under Title VII for race and ancestry discrimination and retaliation as well as termination of employment between an employee and an international freight shipping company.
• Successfully mediated a claim between a former in-house counsel for a pharmaceutical company and her termination over alleged age discrimination. 
• Successfully mediated an employment discrimination case regarding a claim that a national bank forced an employee to resign after she took maternity leave while pregnant. 
• Successfully mediated multiple disputes involving claims for sexual harassment, hostile workplace, and constructive discharge.
• McDade v. YRC Worldwide Inc. (14 C 1500): Successfully mediated a nine-plaintiff Title VII racial harassment case, post-trial.
• Successfully mediated claims of wrongful discharge under the Illinois Whistleblower Act.
• Successfully mediated many employment contract disputes.
• Successfully mediated a claim regarding an employment breach of contract for failure to pay commission. 
• Successfully mediated a claim by an employer that former employees violated non-compete covenants.
• Allen v. City of Chicago: Bench trial of a FLSA collective action involving claims for overtime for BlackBerry usage while not on duty; ruling after bench trial affirmed on appeal (10 C 3183); verdict affirmed on appeal.
• Valdivia v. Township H.S. Dist. 214 (16 C 10333): Single-plaintiff FLSA case trial to a jury; verdict affirmed on appeal.
• Environmental Law
• Successfully mediated a class action involving nuisance from plant emissions.
• Served as one of three neutral evaluators in connection with the Clean Air Act dispute.
• Health Care
• Arbitrated a claim alleging breach of contract by a hospital.
• Selected as an arbitrator in a dispute concerning proper payment for medical services.
• Selected to arbitrate a dispute over management and accounting fees remaining after payment of health insurance.
• Successfully mediated a claim for reimbursement under ERISA health insurance benefits for a medical procedure where the parties disputed coverage. 
• Insurance
• Arbitrated a contract dispute involving payment of an indemnity obligation.
• Selected as one of three arbitrators as part of a panel for a dispute over denied insurance coverage for a business-interruption loss.
• Successfully mediated an ERISA dispute concerning insurance coverage for an accidental death.
• Successfully mediated a dispute concerning long-term disability.
• Successfully mediated a dispute concerning coverage for a new drug.
• Successfully mediated a dispute concerning buyback of policy, other defenses, and indemnity issues.
• Successfully mediated a dispute concerning the use of expected mortality experience in the calculation of the cost of insurance.
• Arch v. Roy Strom (15 C 8076 & 15 C 5709): Successfully mediated a ten-party dispute involving an admiralty claim, a state court property damage claim, and a federal court declaratory judgment action.
• Intellectual Property
• Arbitrated a claim involving the scope of a patent license agreement.
• Successfully mediated multiple Lanham Act cases.
• Successfully mediated multiple trade secrets cases.
• Successfully mediated a patent infringement case.
• Successfully mediated a dispute between a software vendor and a law firm.
• Globefill, Inc. v. Stoller Imports, Inc. (19 C 4593): Successfully mediated a trademark case.
• Virgin Enterprises v. Jai Mundi (17 C 2715): Successfully mediated a trademark case and then successfully mediated a dispute regarding enforcement of the settlement.
• ACT, Inc. v. Cambridge Educ. Services, Inc. (14 C 3882): Successfully mediated a contract, trademark, and antitrust case.
• In re Innovatio IP Ventures, LLC (11 C 9308): Successfully mediated multiple patent lawsuits in multi-district litigation over a three-year period.
• Sloan Valve Co. v. Zurn Indus. Inc. (10 C 204): Successfully mediated a patent case after multiple sessions over several years.
• Lands’ End, Inc. v. Eddie Bauer LLC (10 C 5084): Successfully mediated a trade secret case.
• Shanklin Corp. v. American Packaging Machinery, Inc. (95 C 1617): Bench trial on a patent infringement case.
• Chemetall GmbH v. ZR Energy, Inc. (99 C 4334): Trade secret and contract case tried to a jury.
• Planet Hollywood v. Hollywood Casino (96 C 4660): Trademark/trade dress bench trial; decision reported at 80 F.Supp.2d 815 (N.D. Ill. 1999); settled on appeal
• Maritime Admiralty
• Arch v. Roy Strom (15 C 8076 & 15 C 5709): Successfully mediated a ten-party dispute involving an admiralty claim, a state court property damage claim, and a federal court declaratory judgment action.
• Personal Injury
• Successfully mediated a wrongful death traffic accident.
• Successfully mediated multiple excessive force cases.
• Successfully mediated cases involving the deaths of detainees while in custody.
• Successfully mediated multiple wrongful death cases of detainees in custody.
• Pawlik v. Cochlear (17 C 7260): successfully mediated a personal injury/defective product case.
• Aguirre v. Turner Constr. (05 C 515): Personal injury case (construction site accident) tried to a jury; verdict was affirmed on appeal.
• Gicla v. United States (03 C 7246): Bench trial of a medical malpractice case; ruling after the bench trial was affirmed on appeal.
• Shaw Suburban Media v. Thomas (07 C 3289): Successfully mediated a post-trial defamation and Section 1983 case involving an Illinois Supreme Court justice.
• As a practitioner, defended two air crash cases in state and federal court.
• Product Liability
• Pawlik v. Cochlear (17 C 7260): Successfully mediated a personal injury/defective product case.
• As a practitioner, defended two air crash cases in state and federal court.
• Professional Liability
• Successfully mediated multiple cases involving litigation arising out of a major Ponzi scheme.
• Successfully mediated a legal malpractice case involving real estate transactions.
• Real Property
• Arbitrated a dispute between a real estate investment and development platform and its’ investors dealing with $100 million in capital raised and billions of dollars in active deals with investment partnerships with large banks and investor families. 
• Successfully mediated a legal malpractice case involving real estate transactions.
• Securities
• de David v. Araron Trading (10 C3502): Successfully mediated a commodities fraud case.

Honors, Memberships, and Professional Activities

• Honoree, Outstanding Contributions to the Operation and Administration of Justice in the Federal Courts, American Bar Association, National Conference of Federal Trial Judges, Judicial Division, 2022
• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS, 2020
• Distinguished Judicial Service Award, Intellectual Property Law Association of Chicago, 2019
• Adjunct Professor, Northwestern University School of Law
• Clinical Trial Advocacy, 1988–2017
• Civil Discovery, 2006–present
• Instructor, Trial and Deposition, National Institute of Trial Advocacy
• Member, Federal Magistrate Judges Association, 2003–present
• Circuit Representative for the Seventh Circuit, 2003–2009
• Member (Secretary, Treasurer, Vice President, President Elect, President and Immediate Past President), Executive Committee, 2009–2015
• Recipient, Founders Award, 2016
• Member, Magistrate Judge Committee, Judicial Conference of the United States (Appointed in 2015 by U.S. Supreme Court Chief Justice John Roberts)

Selected Publications and Speaking Engagements

• Discovery Mud fights: Why They Happen and How to Avoid Them, Litigation Journal, American Bar Association, Fall 2021 
• Reflections on 21 Years Behind the Bench: An Interview with Magistrate Judge Sidney I. Schenkier, Litigation Journal, American Bar Association, May 13, 2020
• Worked Up: United States Magistrate Judge Sidney Schenkier (Akerman Employment Law Podcast), September 4, 2019
• Judicial Profile, Hon. Sidney I. Schenkier, U.S. Magistrate Judge, Northern District of Illinois, The Federal Lawyer, May/June 2014
• Judge Schenkier is a sought-after speaker on discovery, including e-discovery and electronically stored information and settlement. Representative presentations include the following:
• Federal Bar Association Employment Law Program, 2020
• ACI Paragraph IV Disputes Conferences, 2015, 2018 and 2019
• Pincus Federal Court Boot Camp, 2018 and 2019
• Sandpiper Partners/United Lex Innovations in E-Discovery, 2016, 2018 and 2019
• Federal Bar Association Young Lawyers Division, Mediation Panel, 2018
• Intellectual Property Lawyers Association of Chicago, Best Practices Panel, 2018
• Linn Inn of Courts Program, “Judicial Perspectives on Settlement Conferences,” 2018
• PLI Patent Litigation 2017, “Advances Techniques and Best Practices,” 2017
• Illinois State Bar Association Settlement Seminar, 2017
• Linn Inn of Court Panel on Mediation, 2017
• ABA National Session on E-Discovery, Judges Panel, 2016
• Illinois State Bar Association Panel, “ADR Options in Illinois Federal Court,” 2016
• National E-Discovery Leadership Institute Program, 2015
• ABA Annual Conference, “How Judges Approach E-discovery Dispute and View Proposed Changes to the Federal Rules of Civil Procedure,” 2015
• Federal Bar Association, Employment Law Chapter, “Litigating Noncompetes in Federal Versus State Courts,” 2015
• Illinois State Bar Association, “Settlement in Federal Court Cases,” 2015

Admissions

• Supreme Court of the United States
• United States Court of Appeals for the Seventh Circuit
• Illinois State Bar

Background and Education

• Magistrate Judge, United States District Court for the Northern District of Illinois, 1998–2020
• Presiding Magistrate Judge, 2008–2012
• Member ex officio, District Court Executive Committee, 2008–2012
• Member, District Court Rules Committee, 1999–2020
• Member, James B. Moran Second Chance Program, 2010–2020
• Partner, Litigation, Jenner & Block, 1981–1998
• Bigelow Teaching Fellow, University of Chicago, 1980
• Law Clerk, Chambers of U.S. District Judge Marvin Aspen, United States District Court for the Northern District of Illinois, 1979
• J.D., magna cum laude, Northwestern University, 1979
• Order of the Coif
• B.S., Journalism, with distinction, Northwestern University, 1976