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Kenneth L. Schmetterer

Ken L. Schmetterer

Of Counsel
About

Ken Schmetterer is a seasoned trial lawyer and commercial litigator who has partnered with businesses and individuals to resolve significant disputes at all stages, from early resolution to arbitration hearings, bench trials, jury trials, and appeals in state and federal courts throughout the United States. 

Ken has represented clients in hard fought class action claims brought under federal securities laws, consumer fraud statutes, biometric privacy laws, and other statutes. He has litigated a wide array of individual and corporate claims asserting business fraud, misrepresentation and omission claims, construction disputes, breach of contract, negligence, employment, breach of fiduciary duty, misleading marketing, and mortgage lending liability claims, shareholder and director disputes, and securities broker-dealer disputes, among others. Ken previously served as senior counsel for the City of Chicago Department of Law, where he developed additional experience litigating government commercial and contract disputes, as well as zoning, land use and constitutional claims. Ken has since continued to represent developers working with or litigating against units of state or local government. Ken also devotes substantial time to pro bono and non-profit service.

Bar admissionsIllinois
CourtsUnited States District Court for the Northern District of IllinoisUnited States District Court for the Central District of IllinoisUnited States District Court for the Southern District of IllinoisUnited States Court of Appeals for the Fourth CircuitUnited States Court of Appeals for the Sixth CircuitUnited States Court of Appeals for the Seventh Circuit
Education
  • J.D., Harvard Law School 1989
  • B.A., Economics and Political Science, University of Wisconsin-Madison 1985
    with distinction
  • Warwick University, Coventry England, 1983-84

Pro Bono

Ken is extensively involved in pro bono work. He currently serves as pro bono counsel and director for Home Away From Home Youth Development and Reentry (Home | Home Away From Home) providing youth mentoring and re-entry support for youth in Lake County, Illinois. He is also pro bono counsel and director for the Gault Center (The Gault Center – Promoting justice for all youth) supporting youth advocacy throughout the United States. He provides pro bono support and had served for years as director of New Root (NewRoot – Wellness. Impact. Growth) supporting educational efforts for at-risk, under-resourced high school students, while linking those efforts to the broader community through academic, college preparation, leadership and life skills programming and support. Ken has received numerous pro bono awards for his service from DLA Piper and from the broader legal community.  

Ken has co-authored multiple amicus curiae briefs with the United States Supreme Court on behalf of the American Bar Association on various youth sentencing, right to counsel, Miranda rights, and other justice issues. In July 2011, the Washington Post quoted him commenting on the decision in that case, in "Supreme Court ruling, rising police presence in schools spur Miranda questions."

Ken also served as a leader of DLA Piper's large-scale, long-term, innovative signature Juvenile Justice Project. As part of this effort, he served as the senior editor of From Juvenile Court to the Classroom: The Need for Effective Child Advocacy, a substantial policy study assessing and working to improve the process by which children transition from the juvenile court system back to school. The project was honored by the Illinois State Bar Association in 2005 and again in 2007 with the John C. McAndrews Pro Bono Service Award. In 2008, the success of this project also contributed strongly to the ABA's decision to award DLA Piper its Pro Bono Publico Award. Ken has also represented several individuals in pro bono matters. 

Bylines and civic/amicus support

  • “Police in Schools: Developments, Issues and Best Practices,” developed for the Children’s Rights Litigation Committee of the American Bar Association Section of Litigation (2021)
  • Author, "Patch Reporter Wins Appeal to Protect Confidential Source," MediaLawLetter, Media Law Resource Center, April 2015
  • Author, "Reporter's Privilege," Editor and Publisher, March 16, 2015
  • Author, “Successfully Challenging Jurisdiction When Foreign Companies are Sued in US Courts,” For The Defense magazine (2010)
  • Amicus Brief for the American Bar Association before the United States Supreme Court in Montgomery v. Louisiana (2015)
  • Amicus Brief for the American Bar Association before the United States Supreme Court in Miller v. Alabama and Jackson v. Hobbs (2012)
  • Amicus Brief for the American Bar Association before the United States Supreme Court in J.D.B. v. North Carolina (2010)
  • “From Juvenile Court to the Classroom: The Need for Effective Child Advocacy”, policy analysis and report (2010)
  • Amicus Brief for the American Bar Association before the United States Supreme Court in Graham v. Florida and Sullivan v. Florida (2009)

Prior Experience

Before joining DLA Piper, Kenneth worked for several years as an Assistant Corporation Counsel and then Senior Attorney for the City of Chicago Department of Law, representing the City of Chicago and its departments and leaders on a variety of commercial, contract, employment, constitutional, code enforcement, and zoning disputes. 

Civic and Charitable

  • Director and pro bono counsel, The Gault Center (formerly National Juvenile Defender Center)
  • Director and pro bono counsel, Home Away From Home Youth Development & Reentry
  • Pro Bono Counsel and past director of New Root (formerly UMOJA Student Development Corporation)
  • Chicago Bar Association and Chicago Bar Foundation 2020 Edward J. Lewis Pro Bono Service Award (2020)
  • DLA Piper North American Pro Bono Partner Award Recipient (2016)
  • Chicago Appleseed Fund For Justice/Pro Bono Champion Award (March, 2013)
  • DLA Piper's Chicago Office Pro Bono Partner of the Year (2004, 2006 and 2010).
  • Member, American Bar Association Juvenile Collateral Consequences Project (2009)
  • Co-Leader, DLA Piper Signature Project in Juvenile Justice (2004 – 2008)
  • Member, Village of Deerfield Youth Commission and Human Relations Commission (2001 – 2006)
  • Coach, Youth Baseball, Soccer (2002 – 2007)

Memberships And Affiliations

  • American Bar Association
  • Chicago Bar Association
  • Harvard Club of Chicago

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