Cases
Experience: Biometric Privacy Litigation
Counseling: Representing multiple clients, including manufacturing, retail, restaurant,
grocery stores, in putative class action lawsuits in state
federal courts brought by employees or former employees alleging violations of the Illinois Biometric Information Privacy Act (BIPA) in connection with the use of finger scan timekeeping systems.
Representing time
attendance technology provider in a putative class action lawsuit in the Northern District of Illinois brought by a former employee of a hotel client alleging violations of BIPA in connection with the use of finger scan time
attendance system used in multiple Illinois hotels.
Representing major retailer as settlement counsel in a putative class action lawsuit pending in state court alleging that defendant violated BIPA by having associates scan their h
prints to retrieve
return cash register drawers,
by collecting
storing information based on those h
prints scans, without providing the proper notice or consent as required by BIPA.
Represent facial recognition technology developer in connection with privacy
biometric laws, including in connection with federal
state court litigation.
Advise clients on biometric law compliance, data retention
destruction policies,
risk assessment.
Data Breach, Privacy,
Consumer Fraud: Representing online trading education service in enforcement action brought by the Federal Trade Commission (FTC) in the District of Maryl
alleging deceptive advertising
violations of the Restore Online Shoppers' Confidence Act (ROSCA).
Represented business management company in a putative class action lawsuit in the Southern District of Illinois alleging violations of the Telephone Consumer Protection Act (TCPA) in connection with fax advertisements. We negotiated a favorable class settlement.
Represented non-profit organization in a putative class action lawsuit in the Eastern District of Missouri alleging TCPA violations in connection with phone calls made in support of a Missouri state ballot initiative. We reached a favorable class settlement after lengthy mediation.
Represented a direct-to-consumer provider of insurance products in a putative class action lawsuit in the Northern District of Illinois alleging violations of the TCPA in connection with a third-party lead provider's marketing practices. Plaintiff voluntarily dismissed our client from the lawsuit following our filing of a motion to dismiss.
Represented mortgage lending company in a putative class action in the Eastern District of Michigan brought on behalf of loan applicants alleging contract
tort claims in connection with data breach incidents perpetrated by a group of cyber-criminals who were subsequently arrested. We negotiated a favorable individual settlement.
Represented former CEO in three putative class actions in the Northern District of Illinois stemming from a data breach the company sustained. Two of the matters were transferred to an MDL pending in the Northern District of California. We prevailed on a motion to dismiss for lack of jurisdiction in the matter that had remained in the Northern District of Illinois.
Represented insurance carrier in a putative class action in the Northern District of Illinois alleging various claims in connection with an alleged data security breach in which certain personal identifying information of the purported class members was publicly available for a 16-month period. The Court granted our motion to dismiss with prejudice on eight of the ten counts in the original complaint. We subsequently defeated plaintiff's motion for class certification
then prevailed on summary judgment on plaintiff's remaining claims.
Represented tax preparation software provider in a putative class action in the Northern District of Illinois alleging various claims in connection with an alleged data security breach involving customer personally identifying information
related filing of fraudulent tax returns. Plaintiff voluntarily dismissed the lawsuit after we moved to compel arbitration.
Products Litigation: Representing pharmacy clients in the national prescription opiate litigation pending in various state court actions throughout the United States.
Representing pet food supplier in putative class actions in multiple federal courts alleging mislabeling of pet food products as grain free.
Representing pet food supplier in a series of putative class actions in federal
state courts alleging its pet food br
s were tainted with mercury, lead,
arsenic.
Represented developer
marketer of lifelong learning media in a putative class action in the Southern District of Ohio alleging violations of state consumer protection statutes for the purported unlawful marketing
advertising of its products. We defeated the class lawsuit on motion to dismiss
subsequently settled the individual plaintiff's claim for a nominal amount.
Represented consumer products manufacturer
retailer in a putative class action in the Circuit Court of Cook County, Illinois, asserting the violation of the Fair
Accurate Transaction Act (FACTA) in connection with the alleged printing of credit card expiration dates on consumer receipts. We reached a class settlement following our opposition to the Plaintiff's motion for class certification.
Represented pet hospital in a putative class action in the Northern District of Illinois, in which plaintiffs alleged the use of deception
misrepresentations in the marketing, labeling,
selling of prescription pet food at above-market prices. After we moved to dismiss the complaint, plaintiffs voluntarily dismissed their claims against our clients.
Represented a proprietor of a chain of pharmacy stores in a putative class action in the Northern District of Illinois, alleging defendant filled prescriptions for Concerta, a medication approved to treat ADHD, with generic drugs. The Court granted our motion to dismiss, concluding Plaintiff failed to sufficiently allege that generic drugs did not act in the same manner as Concerta or provide plaintiff with safe
effective treatment.
