Bio

Marlén is a commercial litigator and labor and employment lawyer who represents franchisors in courts, alternative dispute resolution venues, and before government agencies nationwide. Her extensive litigation experience includes the enforcement of contract and intellectual property rights and the defense of claims for breach of contract, business torts, violations of franchise disclosure and relationship laws, state consumer protection law violations, vicarious liability, and joint employment. Marlén also helps clients on a broad range of labor and employment issues. She has successfully defended wage and hour class actions arising under the Fair Labor Standards Act and state law and claims arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other statutes. In addition, Marlén has enforced employers’ non-competes, litigated unemployment compensation benefits claims, up to appeals, and represented management in traditional labor disputes, including in proceedings before the National Labor Relations Board (NLRB). An important part of Marlén’s practice involves counseling and litigation prevention. Understanding the complexities of labor and employment law and franchising, she works closely with clients to provide strategic guidance on joint employment, vicarious liability, and labor and employment law issues arising in the franchise relationship, corporate transactions, and due diligence. She is well-versed in auditing and advising on franchise training materials, operations manuals, technology systems, and contracts with franchisees and third party vendors, in addition to preparing employment policies, handbooks, and agreements. Prior to joining Cheng Cohen, Marlén practiced at Winston & Strawn LLP in Chicago representing clients in a wide range of complex commercial litigation and labor and employment matters. She also was part of a team that successfully represented a pro bono client on appeal before the U.S. Supreme Court, resulting in the criminal conviction being vacated. Marlén is a member of the American Bar Association’s Forum on Franchising and Section of Labor and Employment Law, the Hispanic Lawyers Association of Illinois, and the International Franchise Association. She serves on the IFA’s Diversity Institute Board and is a topic and article editor for the ABA’s Franchise Law Journal. Marlén also is active in her community. She serves on the Junior Leadership Board of the National Immigrant Justice Center and provides pro bono representation to Spanish-speaking clients in various immigration matters.