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Carlos Ortiz focuses his practice in the areas of consumer, commercial, immigration, employment, class action and complex bodily injury-related litigation. He has successfully tried both jury and bench trials, and has prevailed on a number of dispositive motions that he prepared and argued. Mr. Ortiz litigates cases in jurisdictions across the country, as well as before various administrative bodies, and practices in federal and state court. He handles all phases of litigation, from developing a cost-effective and results-oriented case strategy, to taking depositions of lay and expert witnesses, drafting dispositive motions and memoranda, alternative dispute resolution, trial and appellate work. He is licensed to practice law in the state courts of Illinois and Wisconsin, as well as in a number of federal courts.

In the consumer, commercial and class action litigation arena, Mr. Ortiz frequently defends against claims arising from the application of the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), Truth-in-Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA), Illinois Collection Agency Act, Illinois Consumer Fraud and Deceptive Business Practices Act, Wisconsin Consumer Act, as well as various state and federal consumer and mortgage-related laws. His clients in this area include businesses, corporate entities, mortgage lenders and servicers, creditors, asset purchases and third-party debt collectors. Additionally, Mr. Ortiz represents clients regarding investigations by regulatory agencies and attorneys general, and has counseled clients in responding to subpoenas in this context. Mr. Ortiz also is experienced in handling fraud, trade secret and breach of contract and warranty cases.

In the area of immigration law, Mr. Ortiz focuses on both family and employment-based immigration matters. He assists individuals with obtaining permanent residency and citizenship in the United States. Mr. Ortiz also works with employers and religious entities in obtaining various work visas for their foreign employees. He counsels employers on Form I-9 compliance and Social Security no-match letters. In addition, Mr. Ortiz works with clients on international migration issues.

With respect to employment and complex bodily injury-related litigation, Mr. Ortiz often represents employers in lawsuits alleging claims involving harassment and discrimination, the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), wrongful discharge, and various other state and federal employment statutes. He also handles claims involving enforcement of restrictive covenants, and has successfully obtained temporary restraining orders and injunctions. Mr. Ortiz counsels employers on risk management and compliance issues. He has extensive experience in defending against workers’ compensation claims.

Mr. Ortiz’s practice has also included the defense of professionals in the context of medical, legal and accounting malpractice claims. He has litigated insurance coverage issues, as well as construction contractual disputes. Mr. Ortiz also provides business counseling and has handled incorporation and general contract matters. He is experienced in product liability and transportation litigation.

Professional Background

Mr. Ortiz joined Hinshaw & Culbertson LLP as an associate in August 2004. Previously he was a summer associate with the firm in 2003. He became a partner in 2010.

During law school, Mr. Ortiz was a law clerk at the firm formerly known as Wickwire Gavin, in Madison, Wisconsin, where he prepared dispositive motions involving negligence, breach of warranty and construction-related claims. In addition, he was a summer associate in the legal department at Edward Kraemer and Sons Construction Company in Plain, Wisconsin, where he prepared summary judgment briefs in defense of ADA, Title VII and wrongful termination claims, as well as managed and developed strategy for defense of workers’ compensation claims. Mr. Ortiz also assisted with employee training and counseling on compliance issues.

In addition to his other law school accomplishments, Mr. Ortiz was selected to join the Moot Court Board. He was a member of the Dean’s List, and was elected president of the Latino Law Students Association. Mr. Ortiz received the G. Young Excellence in Service Award (2003) and the Bruce F. Beilfuss Memorial Service Award (2004). He achieved the highest grades of his class in equal employment law and constitutional law. He was awarded a full tuition merit scholarship to attend the University of Wisconsin Law School. Mr. Ortiz was and remains active in the law school’s LEO Program, which promotes diversity in the law, and hosted the LEO annual banquet in 2003.

In 2001, Mr. Ortiz was a summer intern with State Farm Mutual Insurance Co., where he worked as a fire claims representative, investigating, analyzing, negotiating and settling complex property claims. Mr. Ortiz also was a project engineer summer intern with Walsh Construction Company in Chicago from June 1995 to January 2001.

Mr. Ortiz graduated high school with honors from St. Ignatius College Prep in Chicago.

Professional Affiliations

  • Wisconsin Hispanic Lawyers Association, Past President (2009–2010)
  • Wisconsin Hispanic Lawyers Association, Member of Board of Directors (2006–2010)
  • State Bar of Wisconsin, Diversity Task Force, Appointed Member
  • Defense Research Institute, Member
  • Association of Credit and Collection Professional, Member
  • American Immigration Lawyers Association, Member

Honors & Awards

  • Recognized as a "Rising Star" by Wisconsin Super Lawyers magazine (2010) (2011–2012)
  • Selected by the Wisconsin Law Journal as an “Up and Coming Lawyer” (2009)

Representative Matters

Mr. Ortiz’s representative cases include:

  • Alvarado v. Northland Group, Inc., Case No. 5–00645–CV–W-GAF, 2015 WL 7567091 (W.D. MO. Nov. 19, 2015) and McShann v. Northland Group, Inc., Case No. 15–00314–CV–W–GAF, 2015 WL 8097650 (W.D. MO. Dec. 1, 2015) - obtained dismissal and judgment on the pleadings in favor of collection agency defendant based on alleged violations of the Fair Debt Collection Practices Act after certain information was allegedly visible through the glassine window of envelopes that contained collection letters.

  • Pereira, Jr. v. The Royal Group, Charge No. 2013 CF 0173 (State of Illinois Department of Human Rights) - obtained dismissal for lack of substantial evidence of charge of discrimination under the Family and Medical Leave Act after Fact-Finding Conference.

  • AmTrust Bank v. Love, 5-10-0483 (Ct. App. 5th Dist. Ill.) – successfully obtained Order from appellate court affirming summary judgment decision in favor of client-creditor in mortgage-related litigation case.
  • Mendoza v. Cellusuede Products, Inc. 2014 WL 929219 (N.D. Ill,).,  2011 WL 4684357 (N.D. Ill.) – obtained dismissal by way of motion on behalf of the defendant employer involving claims under the Americans With Disabilities Act.
  • McWright v. Williams, et al., 09 L 007141 (Cook County Circuit Court) – obtained dismissal by way of motion on behalf of third-party defendant contractor involving negligence-related claims.
  • Felde v. Town of Brookfield et al., 570 F.Supp.2d 1070 (E.D. Wis. 2008) – obtained summary judgment on behalf of municipality and municipal employees involving wrongful discharge and constitutional related claims.
  • Aaron, et al. v. Wisconsin Injured Patients and Families Compensation Fund, 04-CV-9012 (Milwaukee County Circuit Court) – successfully obtained defense verdict after jury trial involving medical malpractice claim.
  • Killian v. Arby Construction, Inc., 06-012386 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – obtained dismissal of workers’ compensation claim.
  • Dudley v. Erin East, Inc., 06-028119 (Worker’s Compensation Division, Wisconsin Department of Workforce Development) – obtained decision in favor of respondent-employer following arbitration of unreasonable refusal to rehire claim.
  • Williams v. Asset Acceptance, 06-20316 (Milwaukee County Circuit Court) – successfully obtained defense verdict after bench trial involving consumer related claims.
  • Cordell v. State Central Credit Union, 2005 WL 3536094 (E.D. Wis. 2005) – obtained summary judgment on behalf of employer involving FLSA and wrongful discharge claims.
  • Jones v. Zeuger, et al., 04-5037 (Milwaukee County Circuit Court) – successfully obtained summary judgment on behalf of individual insured based on issue preclusion.
  • Wollor v. Placon Corp., 04-03402 (Equal Rights Division, Wisconsin Department of Workforce Development) (Affirmed, Wisconsin Labor and Industry Review Commission, July 27, 2007) – obtained decision in favor of employer after arbitration of discrimination and wrongful discharge claims.
  • Bocskor v. Mazda Motor of America Inc., 04-0316 (Outagamie County Circuit Court) – obtained summary judgment on behalf of manufacturer involving product liability/lemon law claim.
  • Snapp v. Rivera MD, et al., 03-6612 (Milwaukee County Circuit Court) – obtained summary judgment on behalf of physician involving medical malpractice claim.

Presentations

  • "Hot Topics In The FDCPA," American Conference Institute’s 23rd National Conference on Consumer Finance Class Actions & Litigation, Chicago, Illinois, July, 2015.

  • "Update on Debt Collection and Credit Reporting Litigation and Enforcement Actions: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From the FDCPA and FCRA," American Conference Institute’s 22nd National Conference on Consumer Finance Class Actions & Litigation, Los Angeles, California, April, 2015.

  • "Coming to America: Immigration Law Update,"  Hinshaw U, January, 2015.

  • "When the Lawyer Is a Creditor and the Client Is the Debtor -- The ethical and legal considerations of collecting fees," Sixth Annual Saint Ignatius Law Society Continuing Legal Education Course, Chicago, Illinois, November 2014.

  • "The Evolving Focus on Consumer Debt, Debt Collection (Creditors that Originate and Collect Debt and Third-Party Debt Collectors) and the Credit Reporting Markets: Effective Defense Strategies for New and Emerging Claims and Government Enforcement Actions Arising From TCPA, FDCPA, and FCRA," American Conference Institute’s 18th National Conference on Consumer Finance Class Actions & Litigation, Los Angeles, California, April, 2014.
  • "Ethical Considerations in Settlement Negotiations," Fifth Annual Saint Ignatius Law Society Continuing Legal Education Course, Chicago, Illinois, November 2013.
  • "Other Pivotal Residential Mortgage Class Action Issues Currently in Play and Coming Down the Pike from the U.S. Supreme Court: Class Certification, CAFA, Settlement Considerations and More," American Conference Institute's 12th National Forum on Residential Mortgage Litigation & Regulatory Enforcement, Dallas, Texas, September 2013.
  • "Debt Collection and Credit Reporting Litigation: Effective Defense Strategies for New and Emerging Claims Arising From TCPA, FDCPA, and FCRA," American Conference Institute’s 16th National Conference on Consumer Finance Class Actions & Litigation, Chicago, Illinois, July 2013.
  • "Lessons Learned From Sandusky: Internal Law Firm Investigations and Hiring Practices," Saint Ignatius Law Society’s 4th Annual CLE Course, November 2012.
  • “Arbitration of Consumer Finance Disputes in the Wake of AT&T Mobility v. Concepcion," American Conference Institute’s 14th National Conference, Chicago, Illinois, July 2012.
  • “When Words Get in the Way: FDCPA Claims Based on Collection Letters,” Lorman Education Services, live audio conference, November 2011.
  • “Emerging Legal and Ethical Issues in Law Firm Management,” Saint Ignatius Law Society’s 3rd Annual CLE Course, Chicago, Illinois, November 2011.
  • “Business Immigration Compliance Tips: Anticipating Workplace Enforcement Actions,” Hinshaw’s 2010 Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2010.

Publications

Community/Civic Activities

  • Northern Illinois University Political Science Department, Advisory Board, Invited Member (2012–2015)
  • Chicago Chapter of ALPFA, Member
  • Mexican Fiesta Organization, Contributor
  • Worked with community high school mock trial programs throughout Southeastern Wisconsin

Education

J.D., University of Wisconsin, 2004

  • Articles Editor, Wisconsin International Law Journal

B.A., summa cum laude, Northern Illinois University, 2001, Political Science and Economics

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