Kelley Drye

Attorneys & Professionals 

Myra C. Mormile

Associate Email vCard
Chicago
Phone: (312) 857-2501
Fax: (312) 857-7095

Myra Mormile is an associate in the firm's Chicago office.  Her practice focuses on complex commercial litigation, securities enforcement and litigation, and white-collar crime and investigations.

In her complex commercial litigation practice, Ms. Mormile represents various clients in state and federal courts involving, among other things, business disputes, antitrust issues, franchises, landlord tenant disputes, professional liability, and employment matters.

In connection with her securities and white collar crime practices, Ms. Mormile represents shareholders, officers, registered representatives, investment advisers, broker-dealers, and other corporate entities in a wide variety of proceedings in state and federal courts, arbitration, before government agencies, and before self-regulatory organizations, such as the Financial Industry Regulatory Authority (FINRA).

Representative Experience

Complex Commercial Litigation

Drafted a successful motion for judgment on the pleadings in an insurance case in federal district court where plaintiff sought $1.8 million.

Drafted section of successful motion to dismiss brief leading to dismissal of multi-million dollar cases against a life insurance company client.

Argued a motion to enforce a receivership, which the court converted into a motion for contempt, based on a third-party franchisor's failure to honor the receiver's authority to take over the franchise. Court upheld the receivership.

Drafted a successful motion for reconsideration in state court where the court awarded sanctions, struck the answer, and permitted the opposing party to proceed in default for counsel's failure to appear at an order to show cause hearing.  Briefing and the submission of numerous affidavits proved that counsel did not receive notice of the hearing.  The court reinstated the answer and reversed its decision on the award of attorneys' fees.

Drafted a successful motion for summary judgment in a trade secrets misappropriation case in California state court where plaintiff sought over $1 million.  Court granted the motion as to two of three claims.

Drafted a successful motion in limine in federal court in a franchise-dealer case to exclude key documents leading to the settlement of the case on the eve of trial for $200,000 where a $9 million loss was claimed.

Drafted a successful motion for partial summary determination in a tax case resulting in the tax agency's withdrawal of a tax assessment for over $700,000.

Drafted a successful motion to dismiss in federal court in a franchise-dealer case where the Court dismissed plaintiff's claims for negligent misrepresentation and breach of the implied duty of good faith and fair dealing.

Successfully argued for recovery of a portion of attorneys' fees in an interpleader matter where no statutory authority provided for recovery and the state court judge, who regularly hears interpleader actions, commented that he could not recall ever awarding such previously.

Securities Enforcement and Litigation and White Collar Crime

Successfully settled $3 million FINRA arbitration for payment of $2,500 to one claimant and a walk away for another claimant less than one week before the evidentiary hearing after being brought in because the panel issued an order of default judgment against the client.

Drafted a complaint in state court and aggressively sought discovery in a shareholder derivative suit resulting in the settlement of the case for $1.3 million in cash upfront, several hundred thousands dollars over time, and attorneys' fees.

Drafted a successful motion to dismiss a defamation claim in an employment arbitration.

First chaired an employment arbitration where claimant sought expungement.  The panel dismissed the case on an oral motion for directed verdict.

Second-chaired an arbitration where the claimant sought over $400,000 for alleged unsuitability of securities sold to her by her son, a former employee of the client.  After a four-day evidentiary hearing, the panel dismissed the claims in their entirety and split the forum fees between the parties.

Drafted a successful motion to dismiss and a reply brief in a securities arbitration resulting in the dismissal of a $27 million registration claim.

Successfully argued a motion for directed verdict resulting in a judgment in favor of a broker-dealer client on a claim of $700,000.

Successfully argued for expungement of five arbitration matters from a registered representative's Form U-4.

Drafted a Wells response where NASD, now known as FINRA, originally sought a large monetary fine from the client, but, after receiving the Wells response, agreed to issue a letter of caution.

Drafted a Wells response on behalf of an individual where the case was eventually dropped.

Drafted a Wells response resulting in the settlement of a case for $250,000 where $6.6 million was initially sought.

Second-chaired a case against a broker-dealer client where claimant sought almost $30 million in damages.  The case lasted 12 hearing days, five sessions, and 18 months.  The panel dismissed the case on a motion for directed verdict.

Memberships & Associations

SIFMA Compliance and Legal Society
FINRA Arbitrator
Cabrini Green Legal Aid, Young Professionals Board
Chicago Bar Association
American Bar Association
State Bar of Georgia
Hispanic National Bar Association
Georgia Hispanic Bar Association
National Latina Business Women’s Association

Community Activities
Cabrini Green Legal Aid
Chicago HOPES
Habitat For Humanity
In2Books ePals
Safe Humane Chicago
Pro Bono
Successfully represented asylum petitioner who fled El Salvador's gang violence.  Asylum was granted after full briefing and an individual hearing on the matter.  The DHS promptly withdrew its appeal shortly after filing.

Successfully represented domestic violence victim in securing a permanent restraining order on her behalf and on behalf of her 6-year-old child.

Successfully assisted several clients in recovering fee arbitration awards against attorneys.

Represented non-profit dog rescue organizations in drafting policies and procedures and with various legal advice.

Represented whistleblower employee in a claim against federal agency.  Negotiated on behalf of employee for back pay, sick leave and medical leave lost, and re-establishment of an increased pension.

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May 19, 2011

How to Shine as a Second Chair

The American Bar Association's The Young Lawyer