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Chicago, IL


Areas of Practice

  • Commercial
  • Construction
  • Corporate & Business
  • Employment & Labor Law
  • Medical & Dental Malpractice
  • Non-Profit Law


  • The John Marshall Law School, J.D., cum laude, 2017
  • Michigan State University, B.A. in Criminal Justice with minor in Philosophy and Law, 2014


  • Illinois
  • Indiana
  • U.S. District Courts for the
    • Central and Northern Districts of Illinois
    • Northern and Southern Districts of Indiana

Practice Description

Mitchell A. Capp focuses his practice on counseling business entities. He advises on corporate structuring and governance, taxation, and intellectual property. Mr. Capp has extensive experience in business formation and entity planning, compliance, and secured transactions. In addition, he represents entities in various areas of complex corporate litigation, including construction, corporate and business, labor and employment, municipal, and professional liability law. He is licensed in both state and federal courts throughout Illinois and Indiana.

Mr. Capp also serves as Chief Legal Counsel for a specialized trade contractor in which he supervises corporate governance, compliance, and business policies and directly advises the board of directors and corporate officers on all legal matters. He also has experience counseling its President/CEO in his capacity as director of a trade association in its CBA negotiations with the Union.

Additionally, he has established and serves as corporate counsel to several non-profit organizations in the Midwest.

Bar/Professional Associations

  • American Bar Association
  • Chicago Bar Association
  • Illinois Association of Defense Trial Counsel
    • Construction Law Committee, Publications Chair
  • Illinois State Bar Association
  • Indiana Bar Association
  • The Italian American Labor Council
  • Sports Lawyers Association

Law School Honors/Involvement

  • Dean’s List (5 semesters)
  • The John Marshall Law Review
    • Executive Board 
    • Production Editor
  • Judicial Clerkships
    • The Hon. James P. Flannery Jr., Circuit Court of Cook County
    • The Hon. John W. Darrah, United States District Court for the Northern District of Illinois
  • Supreme Court of Illinois Rule 711 Intern at United States Attorney’s Office, Northern District of Illinois
  • Moot Court Honors Council
  • 2017 Saul Lefkowitz Trademark Moot Court Team
  • Inducted into The Order of John Marshall for outstanding academic and extracurricular achievements
  • 2015 Intellectual Property Program at the Chinese Intellectual Training Center in Beijing and Shanghai, China
  • Annual Recipient, Dean's Scholarship

Published Legal Writing

  • “Contractor Freedom: Restatement 414 Requires Control Over Means and Ends,” Construction Law Cases, IDC Survey of Law (2019).
  • “The Wolf of Law Street: The Litigation Finance Industry and the Ethics of Investing in Justice,” IDC Quarterly, Vol. 28, No. 3 (2018)
  • “The Implied Warranty of Habitability Applies Only to those Who Engage in Construction, But May be Used Against Subcontractors of Insolvent Developers or General Contractors,” Construction Law Cases, IDC Survey of Law (2017). Cited by the American Institute of Architects – Illinois (AIA-IL) Chapter.
  • “Technology’s Impact on Business Interruption Coverage: Data Breaches, Protests, and Power Outages,” DRI Insurance Coverage and Practice Symposium, New York City (2017) (contributing author with HeplerBroom Partner, Rick Hammond)
  • “FBI’s Warning of White Supremacists Infiltrating Law Enforcement Nearly Forgotten,” TheGrio.com (May 12, 2015). Examines First Amendment issues. (Contributing Research Assistant for Professor Samuel V. Jones)

Other Professional Activities

  • Juvenile Expungement Clinic (pro bono)
  • National Immigration Justice Center (pro bono)

Representative/Recent Case Results

  • Acted as outside general counsel for Fortune 50 company with its Chicago business operations, including defense of over 15 municipal code citations carrying exposure in excess of $100,000. Settled for $5,000.
  • Advised national utility and construction company throughout transition process from C-Corporation to LLC.
  • Obtained multiple non-suit dismissals from City of Chicago on various municipal code violations on behalf of national contractor.
  • Advised President of specialty trade contractor on trademark considerations for company logo and name on clothing, equipment, and website. Assisted with registration process.
  • Second chair during bad-faith/insurance fraud trial. Obtained directed verdict and costs for defense.