Prof Mark McCareins
Mark McCareins

STRATEGY
Clinical Professor of Business Law
Co-Director, JDMBA Program

Print Overview

R. Mark McCareins is a Clinical Professor of Business Law where he teaches courses on Antitrust and Business Law. While Mark has been instructing at Kellogg for nearly twenty-five years, he also practiced law as a  senior partner in the international law firm of Winston and Strawn LLP for thirty- four years.  At Winston, Mark was co-chair of the firm’s global competition practice and served in a number of management positions within the firm and the litigation department.  Mark’s trial practice concentrated on antitrust, intellectual property and unfair competition issues. He tried cases and supervised commercial litigation for clients in nearly forty federal district and appellate courts. These clients were diverse and ranged from pharmaceutical (Abbott Labs) to consumer products (Tropicana Beverages). Through 2014, Mark has been ranked as one of the leading antitrust and commercial litigation lawyers in Illinois, the United States and globally in such publications as SuperLawyers, Legal 500, Chambers Guide to Leading Lawyers and Best Lawyers in America. Mark is a member of both the Illinois and California bars. Mark currently serves as the General Counsel of North America’s premier metals trade association, the Metals Service Center Institute (www.msci.org).

In addition to his active trial practice, Mark has authored or edited approximately forty articles or books on antitrust, competition and intellectual property matters. He served in  many leadership positions in the antitrust section of the American Bar Association. He currently chairs the antitrust Section of the Illinois State Bar  Association.

Mark is also very active in community affairs serving currently as the President of the Board of Lawrence Hall Youth Services, a Chicago based child welfare agency, www.Lawrencehall.org.  He also sits on the Board of Catholic Charities, www.catholiccharities.org. Mark is also involved in a number of alumni groups at Washington University including sitting on the Chicago Regional Cabinet and the Law School's national alumni council. Mark has received distinguished alumnus awards from both his undergraduate alma mater Northwestern University as well as Washington University where he served as Editor in Chief of the law school’s Law Review. He also received the President’s Volunteer Service Award from the President’s Council on Service and Civic Participation in 2008.



Areas of Expertise
Antitrust Issues
Intellectual Property

Print Vita
Education
JD, 1981, Washington University, St Louis
BA, 1978, Northwestern University

Grants and Awards
SuperLawyers of Illinois, SuperLawyers
Best Lawyers in America, Chambers
Leading Lawyers, Leading Lawyers Network

Editorial Positions
Section Chair, Antitrust Section Newsletter of the Illinois State Bar Association, 2014-2015

Print Research
Articles
McCareins, Mark and Peter Slawniak. 2011. Current State of Patent False Marking Litigation. Intellectual Property & Technology Law Journal. 23(5): 3-12.
McCareins, Mark. Mark McCareins has published more than 30 articles and books on antitrust isssues. Click the "READ" link at right for a list of books, published works and presentations..
Other
McCareins, Mark. "The Application of the Federal Rules and Daubert and its Progeny to Antitrust Litigation." Chicago Bar Association, Antitrust Committee.
McCareins, Mark. "New Developments in Federal Antitrust Litigation." American Bar Association Antitrust Section, Corporate Counsel Committee.

 
Print Teaching
Teaching Interests

Business and Anti-trust Law


Full-Time / Part-Time MBA
Business Law I (BLAW-435-0)
This course is a survey of the basic and fundamental legal concepts that managers and entrepreneurs will be exposed to in public, private and non-profit entities. It is not a surrogate for a law school course (as such the course is not open to law or JD/MBA students) ; it does not delve into subjects of legal procedure (e.g. rules of evidence and rules of civil or criminal procedure). Rather, it covers a variety of legal topics of greatest interest to managers. For example, the course includes instruction on torts, a subject normally covered in a full semester law school course, by focusing on the basics of torts (e.g. negligence, professional negligence (malpractice), and product liability) in a meaningful way so that the student is armed with the ability to identify and analyze tort-related issues going forward. The ten week quarter also includes two topics (contracts and corporations) that are each spread over two weeks of instruction. One week of the quarter is geared to agency law, a subject of great importance in business since under certain circumstances, an employer is automatically liable for the acts of its agents occurring within the scope of their employment. While the majority of class time is spent on civil legal matters (e.g. money damages, equitable relief in the form of injunctions), one week is devoted to a review of criminal law, specifically those crimes that touch U.S. business on a frequent basis (e.g. the Racketeer Influenced and Corrupt Organizations Act (RICO), and Foreign Corrupt Practices Act (FCPA)). Also, due to frequently-expressed interest by students, one week is designed to provide a solid overview of antitrust and intellectual property issues. (Students seeking a deeper dive into these topics should consider taking BLAW 437 upon completion of BLAW 435.)

Issues In Antitrust (BLAW-437-0)
Whether your professional interest is marketing, investment banking, mergers and acquisitions, or distribution channels, a solid exposure to federal and state antitrust laws should be a prerequisite to your academic training at Kellogg. For example, pricing decisions on consumer products cannot be made without a reference to the federal Robinson-Patman Act. Further, state statutes and section two of the federal Sherman Act often guide potentially below cost pricing decisions of products by manufacturers. In addition, termination of dealers, distributors and resellers will most undoubtedly involve consideration of Section 1 of the federal Sherman Act and various state trade regulation laws. The federal Lanham Act regulates issues of trade dress and false advertising. Non compliance with these laws raise many intellectual property issues. On the subject of intellectual property, patent infringement is one of the most highly litigated areas in the federal courts today. Undoubtedly in many of these cases, antitrust counterclaims (e.g., Section 2 of the federal Sherman Act), become more significant than the patent claims that commenced the trial. Finally, the federal Hart-Scott-Rodino Act and Section 7 of the federal Clayton Act guide all merger, acquisition and joint venture activity in the United States. One of the primary analytical questions in any such asset or stock deal is whether the transaction would be approved by the antitrust regulators.