Their Thoughts
Our Thoughts
“CDLB People.” Chicago Daily Law Bulletin.
May 29, 2020
Edelson P.C. has added Éviealle Dawkins and Emily E. Penkowski as incoming associates. Dawkins’ practice will focus on consumer, privacy-related and tech-related class actions. Penkowski’s practice will focus on privacy- and tech-related class actions.
“A.C.L.U. Accuses Clearview AI of Privacy ‘Nightmare Scenario.’” The New York Times.
May 28, 2020
The American Civil Liberties Union on Thursday sued the facial recognition start-up Clearview AI, which has helped hundreds of law enforcement agencies use online photos to solve crimes, accusing the company of “unlawful, privacy-destroying surveillance activities.”
In a suit filed in Illinois, the A.C.L.U. said that Clearview violated a state law that forbids companies from using a resident’s fingerprints or face scans without consent. Under the law, residents have the right to sue companies for up to $5,000 per privacy violation.
“ACLU sues Clearview AI, developer of controversial facial recognition technology used by CPD.” Chicago Sun-Times.
May 28, 2020
The American Civil Liberties Union on Thursday filed suit in Cook County against Clearview AI, a New York-based startup that has developed a controversial facial recognition tool that allows users to compare an image against a database of billions of photos lifted from the internet.
The lawsuit against Clearview — which has provided its program to various public and private entities, including the Chicago Police Department — alleges the company continues to violate the Illinois Biometric Information Privacy Act, which protects residents’ facial and fingerprint identifiers.
“Clearview AI Sued by Civil Rights Groups Over Facial Recognition.” Bloomberg Law.
May 28, 2020
Clearview AI Inc. captures and stores the faceprints of millions of Illinois residents without permission, in violation of that state’s biometric privacy law, the American Civil Liberties Union and other advocacy groups are alleging in a state court lawsuit. The suit, filed on Thursday in Illinois Circuit Court, claims that the collection and use of images posted online, including on social media sites, breach the Biometric Information Privacy Act.
“Advocacy Orgs Say Clearview AI Broke Biometric Privacy Law.” Law360.
May 28, 2020
The American Civil Liberties Union and other advocacy groups hit Clearview AI Inc. with a lawsuit in Illinois state court Thursday claiming the facial recognition technology company has violated the biometric privacy rights of their members, program participants and other Illinois residents on a "staggering scale." In what they say is the first lawsuit addressing how vulnerable communities — including sex workers, sexual assault survivors and undocumented immigrants — are harmed by facial recognition surveillance, the organizations claim Clearview has used its technology to capture more than three billion face prints from images posted online without users consent, and in violation of Illinois' landmark Biometric Privacy Act. Read more at: https://www.law360.com/illinois/articles/1277681/advocacy-orgs-say-clearview-ai-broke-biometric-privacy-law?copied=1
“ADT Worker Allegedly Spied on Clients Via Cameras, Suit Says.” Bloomberg Law.
May 18, 2020
An ADT Inc. employee allegedly eavesdropped on hundreds of customers and children over a seven-year period through a home protection app, according to lawsuits that fault the company for poor oversight. Two plaintiffs have made common law privacy and contract claims, and one of them has alleged a violation of the Computer Fraud and Abuse Act, in separate lawsuits filed Monday in the U.S. District Court for the Southern District of Florida.
“Suit filed against Lurie Children’s Hospital over data breaches.” Chicago Tribune.
May 8, 2020
An Illinois mother and her 4-year-old child have filed suit against Ann & Robert H. Lurie Children’s Hospital of Chicago and two unnamed employees, alleging the hospital failed to keep the daughter’s medical records safe. The lawsuit, filed in the Circuit Court of Cook County Friday, alleges breach of contract, breach of confidentiality, negligent supervision and other counts against Lurie Children’s Hospital. The lawsuit, which seeks class action status, asks for a jury trial.
“Lurie Children’s sued over patient information breach.” Chicago Sun-Times.
May 8, 2020
A mother is suing Lurie Children’s Hospital and two former employees who allegedly accessed the medical records of her 3-year-old daughter, who underwent a sexual abuse examination at the hospital early last year. The mother received a letter from the hospital in late December informing her a nursing assistant had been accessing her daughter’s medical records “without a work-related reason,” according to the lawsuit.
“Lurie Children’s sued over two recent data breaches.” Modern Healthcare.
May 8, 2020
The parent of a pediatric patient seen at Ann & Robert H. Lurie Children's Hospital of Chicago is suing the hospital over two recent data breaches.
An unnamed Jane Doe and her daughter, an unnamed Baby Doe, filed the complaint against Lurie Children's and two former employees accused of viewing thousands of patient records without a valid reason in the Circuit Court of Cook County on Friday. The plaintiffs, represented by law firm Edelson P.C., are seeking class action status.“Coping With A Pandemic: Edelson’s Jay Edelson.” Law360.
April 30, 2020
With distancing and isolation the new norm amid the COVID-19 pandemic, Law360 is sharing reactions from around the business and legal community. Today's perspective comes from Chicago-based Jay Edelson, founder and CEO of Edelson PC and host of the Non-Compliant podcast.
“Feared Chicago class-action lawyer takes on Chase over PPP handling.” Crain’s Chicago Business.
April 26, 2020
A Chicago lawyer who’s wrung hundreds of millions in settlements from the country’s biggest technology companies is taking on another behemoth: JPMorgan Chase. Jay Edelson is representing the founder of west suburban Westchester-based Sha-Poppin Gourmet Popcorn, which alleges in a suit filed April 24 that Chase favored large corporations over small businesses like hers in securing federal aid through the Paycheck Protection Program.
“First on CNN Business: JPMorgan, Ruth’s Chris accused of cheating small businesses out of emergency loans.” CNN.
April 24, 2020
JPMorgan Chase, Ruth's Chris Steak House and others are being accused in a lawsuit of efforts to "cheat" small businesses out of federal stimulus funding. An Illinois popcorn seller hurt by the coronavirus pandemic alleges that JPMorgan Chase's "pampering of its prized clients" like Ruth's Chris caused it to receive far less Paycheck Protection Program (PPP) funding than needed, according to the lawsuit, which seeks class-action status and was filed in federal court in Illinois.
“PPP loans: Westchester small business owner leads class action lawsuit against Chase Bank.” ABC 7 Chicago.
April 24, 2020
Sha-Poppin' Gourmet Popcorn Shoppe is tucked into a strip mall at Roosevelt and Mannheim roads in Westchester. Its owner is now taking on a big bank. Sha-Poppin' Gourmet Popcorn Shoppe is tucked into a strip mall at Roosevelt and Mannheim roads in Westchester. Its owner is now taking on a big bank.
“Chicago Plaintiffs Firm’s Donations Help Local Restaurants, Businesses Fighting Virus.” The American Lawyer/Law.com.
April 16, 2020
A Chicago-based plaintiffs boutique has donated more than $119,000 to local businesses that are fighting the COVID-19 pandemic, at a time when most law firms are taking steps to bolster their own liquidity. The firm’s founder and CEO, prominent class action and privacy law litigator Jay Edelson, said he and his partners are able to give in part because firms such as his are conditioned to operating through times of financial uncertainty.
“Edelson P.C. ramps up community giving during pandemic.” Chicago Daily Law Bulletin.
March 27, 2020
The novel coronavirus has presented Americans with a slew of health, professional and economic challenges. For Jay Edelson, the founder and CEO of the unorthodox, tech-focused plaintiff’s firm Edelson P.C., it presents an opportunity for lawyers to give back. “My view is this is the biggest crisis we’re going to face in our generation,” Edelson said. “Our impulse here is to help the community. The Chicago community has allowed us to thrive, now we want to give back.”
“Facebook to Pay $550 Million to Settle Facial Recognition Suit.” The New York Times.
January 29, 2020
Facebook said on Wednesday that it had agreed to pay $550 million to settle a class-action lawsuit over its use of facial recognition technology in Illinois, giving privacy groups a major victory that again raised questions about the social network’s data-mining practices.
“Cybersecurity & Privacy Group Of The Year: Edelson.” Law360.
January 24, 2020
After Edelson PC defeated Facebook’s bid to block a multibillion-dollar class action over the company’s face-scanning practices from going to trial and secured a $925 million verdict in a rare jury trial over robocalls, the plaintiffs firm was named 2019 Cybersecurity & Privacy Practice Groups of the Year.
“Consumer Protection Group Of The Year: Edelson.” Law360.
January 21, 2020
Edelson PC was named Consumer Protection Group of the Year by Law360 for wins including their record setting $925 million jury verdict.
“Law Firm Partner Drops Rap Video About Class Actions.” Above The Law.
December 13, 2019
The best diss track aimed at the Chamber of Commerce you'll hear today.
“DeVry Must Face Mo. Graduate’s False Ad Suit.” Law360.
October 9, 2019
A Missouri federal judge let most of a former DeVry University student’s claims stand in a suit alleging the for-profit school made false advertisements.
“Google, University of Chicago Face Revamped Health Privacy Suit.” Bloomberg Law.
October 3, 2019
An amended complaint filed in Dinerstein v. Google, LLC alleges that The University of Chicago violated federal and state health laws by selling patient data to Google to develop artificial intelligence products.
“Privacy/Data Breach: Edelson.” The National Law Journal .
September 27, 2019
The National Law Journal recognized Edelson PC as an Elite Trial Privacy Firm for their Ninth Circuit win in Patel v. Facebook. After oral argument by J. Aaron Lawson, the court affirmed in full the district court’s class certification order, and addressed a key issue of Article III standing.
“Consumer Protection: Edelson.” The National Law Journal.
September 27, 2019
The National Law Journal recognized Edelson PC as an Elite Trial Consumer Protection Firm based on their record setting $925 million jury verdict in Wakefield v. Visalus.
“Gaming Law: Edelson.” The National Law Journal.
September 27, 2019
The National Law Journal recognized Edelson PC as the only Elite Trial Firm doing Gaming Law for their work in Kater v. Churchill Downs. In a first-of-its-kind opinion, the Ninth Circuit ruled that mobile slot machine apps are illegal gambling under Washington law.
“Illinois Powerhouse: Edelson.” Law360.
September 3, 2019
Edelson PC, one of Law360's Illinois Powerhouses, has "built a reputation for deploying inventive legal strategies to combat significant public issues". The firm is "leading governmental entities to fight for their residents and has secured landmark victories on behalf of consumers."
“Ill. Powerhouses Sprout National Clout From Chicago Roots.” Law360.
September 2, 2019
Law360's annual Regional Powerhouse series recognized five Illinois law firms, including Edelson PC, for their accomplishments over the last year.
“Chemical Plant Emissions Caused Cancer, Ill. Residents Say.” Law360.
August 28, 2019
Four lawsuits were filed by Chicago-area residents alleging they developed cancer after inhaling ethylene oxide emitted by two companies' Illinois facilities.
“AMD Inks $12.1M Deal In Computer Chip False Ad Row.” Law360.
August 26, 2019
After four years of litigation, a proposed $12.1 million settlement deal with Advanced Micro Devices was reached by consumers.
“Lake County Joins Private Firms To Target Juul Over E-Cigarette Marketing To Teens.” CBS Chicago.
August 13, 2019
In a "first-of-its-kind legal action," the Lake County state's attorney filed a lawsuit with private firms against e-cigarette maker Juul. The suit accuses Juul of using deceptive marketing campaigns to get teens to become addicted to nicotine-aided e-cigarettes.
“9th Circ. Sends Facebook Face-Scan Class Action To Trial.” Law360.
August 8, 2019
The Ninth Circuit affirms class certification in a $30 billion suit alleging Facebook's face-scanning feature violates Illinois' Biometric Information Privacy Act.
“Judge says won’t let opioid defendants use slow federal process to ‘avoid litigating’ opioid claims in IL court.” Cook County Record.
July 17, 2019
U.S. District Judge Matthew Kennelly granted the request of the Illinois Public Risk Fund to send the their opioid lawsuit back to Cook County Circuit Court to avoid the "black hole" of the federal mass action in Ohio.
“Google and the University of Chicago Are Sued Over Data Sharing.” The New York Times.
June 26, 2019
The University of Chicago Medical Center and Google were sued in a class action lawsuit accusing the hospital of of sharing hundreds of thousands of patients’ records with Google.
“Google Pulled Medical Record ‘Heist’ With U Of Chicago: Suit.” Law360.
June 26, 2019
Following "the greatest heist of consumer medical records in history", a class action was filed against the University of Chicago Medical Center and Google LLC. The suit accuses the Medical Center of breaching its contract with patients and Google of interfering with that contract.
“Genetic Testing Co. Can’t Limit Damages In Privacy Suit.” Law360.
June 24, 2019
An Alaska federal judge declined to limit a consumer's potential damages to $5,000 in a suit accusing Gene by Gene Ltd. of sharing customer's information without permission.
“Facebook Fights $30 Billion Privacy Suit at Ninth Circuit.” Courthouse News Service.
June 12, 2019
In an attempt to strike down a $30 billion class action, Facebook asked the Ninth Circuit to overturn U.S. District Judge James Donato's decision to grant class certification and deny Facebook's motion to dismiss in a suit claiming that facial data was harvested without user consent.
“Wiretap Suit Against Chinese Sex Toy Maker Survives.” Law360.
May 16, 2019
A California federal court pushed forward a class action claiming Hytto Ltd. illegally harvested data from its users, finding that vibration intensity settings are "content" under wiretapping law. U.S. District Judge Jeffrey White also dismissed the Chinese company's claim that the California court did not have jurisdiction in the case.
“Legal fight over fate of Westlake Hospital draws in unusual players, in ‘complex, complicated’ court fight.” Cook County Record.
May 10, 2019
The battle to keep Westlake Hospital open has become “one of the most complicated hospital closure disputes in [Illinois'] history.” The lawsuit brought by Melrose Park and their attorneys from Edelson PC has drawn in “multiple parties” including Cook County State’s Attorney Kim Foxx and Governor JB Pritzker.
“Cook County State’s Attorney Joins Fight to Keep Westlake Hospital Open.” Chicago Sun-Times.
April 19, 2019
Cook County State’s Attorney Kim Foxx filed an emergency motion to join Melrose Park in their fight to keep Westlake Hospital Open. The motion filed in Cook County Circuit Court seeks a temporary restraining order against Pipeline Health to prevent them from winding down services at Westlake. Foxx also filed an emergency motion asking permission to intervene as a plaintiff in the case, declaring Pipeline violated the Health Facilities Planning Act.
“In Rebuke, Judge Orders Westlake Hospital to Bring Back Obstetrics and Intensive Care Services.” Chicago Tribune.
April 16, 2019
A Cook County Circuit Court Judge found Pipeline Health to be in indirect civil contempt after violating an April 9th temporary restraining order prohibiting them from winding down Westlake Hospital’s operations. Pipeline was ordered to restore services to the intensive care, obstetrics and mental health units. The hospital was also instructed to accept ambulances in their emergency department. If services are not restored, Pipeline will have to pay $200,000 for every day it is out of compliance.
“Robocall Damages Against Marketer Could Hit $925M.” Law360.
April 14, 2019
After three days of trial, an Oregon federal jury concluded ViSalus made more than 1.8 million robocalls to class members, in violation of the Telephone Consumer Protection Act. The $925 million jury verdict is the “largest privacy verdict in history”.
“Big Tech Vs. Big Privacy Lawsuits.” Fortune.
February 23, 2019
Jay Edelson grew up poor among rich kids outside Boston. He seethes at the recollection of other boys smashing their $200 tennis rackets he could not afford, and of his parents scolding him for trying to spend the $20 he had earned raking leaves.
“Cybersecurity & Privacy Group Of The Year: Edelson.” Law360.
January 22, 2019
Edelson PC pursued headline-grabbing privacy suits in 2018 — suing Uber over a data breach, assisting a state regulator in a case against Facebook and Cambridge Analytica and winning class certification in a case claiming Facebook violated Illinois’ Biometric Information Privacy Act — landing it among Law360’s Cybersecurity & Privacy Groups of the Year.
“Volleyball Players Win Cert. In Sex Abuse Cover-Up Suit.” Law360.
January 18, 2019
Edelson PC was awarded class certification in a first-of-its-kind lawsuit against one of the most prominent youth volleyball clubs in the country for concealing and failing to disclose the club owner’s alleged sexual abuse of underage players.
“Meet the Managing Partner: Rafey Balabanian.” Law Practice Today.
January 14, 2019
Rafey S. Balabanian is the managing partner and general counsel at Edelson PC. He graduated with distinction with a degree in history from the University of Colorado, Boulder and earned his J.D. from the DePaul University College of Law in Chicago. Rafey is a trial lawyer who handles class and mass actions, as well as complex commercial and business litigation.
“Edelson PC Hosts Educational Seminar on ISBA’s High School Mock Trial Invitational.” Illinois State Bar Association.
December 7, 2018
Edelson PC hosted a seminar for over 40 south suburban Cook County high school students in preparation for the Illinois State Bar Association's High School Mock Trial Invitational. Cook County State’s Attorney Kim Foxx spoke at the event.
“Consumer Protection Group Of The Year: Edelson PC.” Law360.
January 16, 2018
Edelson PC defended consumers against everything from unwanted robocalls to nosy sex toys over the last year, with more than $130 million in settlements demonstrating why the firm was named among Law360's Consumer Protection Practice Groups of the Year.
“The Data Defenders: How Firms Focused on Privacy and Security Make Their Living.” Law.com.
December 11, 2017
“Noted class action lawyer Edelson calls for big litigation to cure opioid epidemic, make ‘big pharma’ pay.” Cook County Record.
December 9, 2017
Asserting Congress and local governments either aren't doing enough or lack the resources to address the so-called opioid epidemic impacting communities of all kinds and sizes, the only way to effectively fund treatment and solutions is through litigation, a Chicago class-action attorney said.
“Opioid Suits Are The New Tobacco Litigation, Atty Says.” Law360.
December 6, 2017
The litigation coming out of the opioid crisis will rival the tobacco suits of the 1990s, Jay Edelson of plaintiffs firm Edelson PC told an audience during a Chicago City Club panel on the drugs and possible solutions to the epidemic of addiction.
“Chicago Sues Uber Over Data Breach.” MediaPost.
November 28, 2017
The City of Chicago and Cook County tapped privacy lawyer Jay Edelson to serve as special prosecuting counsel in case against Uber over revelations that the company attempted to cover up a 2016 data breach that exposed personal information of 57 million people.
“More than 80 Harvey-related lawsuits have piled up as judges vet lawyers.” Houston Chronicle.
November 2, 2017
Jay Edelson, a Chicago lawyer who was the first of several Wednesday to present his leadership proposal to the judges, said afterward that the nearly five-hour session stood out in terms of productivity. The vetting hearings are usually spent with lawyers touting their credentials, but in this instance he said the court cut to the chase.
“Trump Election Commissioner’s Voter Database Is a Ripe Target for Hackers.” Mother Jones.
October 23, 2017
Kris Kobach calls the program a model for the country. It has major security problems.
“Spokeo lawsuit highlights challenge of protecting privacy in digital age.” Los Angeles Times.
August 29, 2017
For anyone who feels powerless about controlling their personal information in a world of search engines and public databases, take heart. A recent court ruling suggests you might have more muscle than you thought.
“PayPal Redirects Charitable Contributions Without Consent, Lawsuit Says.” The New York Times.
March 1, 2017
Class action alleges that thousands of donors have been misled by PayPal Giving Fund, and that their gifts never reached the intended charities.
“Q&A: Why Class Action Reform Bill Isn’t as Bad as It Seems.” The National Law Journal.
February 17, 2017
One of the most expansive bills to target class actions in the past decade quietly passed through the House Judiciary Committee this week, prompting plaintiffs attorneys, civil rights groups and consumer advocates to spring into action.
Facing a Data Breach Suit Without the Data Breach? ‘Scary.’ The American Lawyer.
December 13, 2016
With a track record of winning cases against some of the country’s biggest tech companies, and expanding liability for data privacy blunders in the process, Edelson is a difficult lawyer to bet against.
“Chicago Law Firm Accused of Lax Data Security in Lawsuit.” Bloomberg Law.
December 9, 2016
A federal judge on Friday unveiled a long sealed proposed class-action complaint that accused the law firm, Johnson & Bell, of failing to take adequate steps to protect the data on its servers.
“Maneuver in receipt privacy class action earns AllSaints $58K sanction from federal judge.” Cook County Record.
December 8, 2016
Retail clothier failed to persuade a federal judge to dismiss a class action lawsuit and has been stuck with a bill for $58,000 for its opponents’ legal costs, as the federal judge sent the case back to Cook County for further proceedings.
“Prominent class action firm sues ‘professional objectors’ for racketeering.” Reuters.
December 5, 2016
Edelson files suit against notorious class action objectors alleging that they are engaging in an ongoing scheme to extort class action lawyers via frivolous objections to proposed settlements.
“The Privacy Advisor Podcast: Jay Edelson.” iapp.
October 31, 2016
Jay Edelson is now one of best-known lawyers in the field, in part because of his aggressive pursuit of giant tech firms and their uses of consumer data.
“Modernizing Vs. Weakening The TCPA.” Law360.
September 30, 2016
The FCC and our judicial system have provided a comprehensive process to update the TCPA and keep it current with ever changing technology. Any changes at the congressional level should be done carefully and in a nuanced fashion to avoid opening sought-after loopholes that have unintended consequences.
“Edelson Firm Turns Back Spokeo Defense in Case against Gannett.” Legal Newsline.
September 14, 2016
Months after a U.S. Supreme Court ruling said those who bring lawsuits must show a "concrete and particularized" harm, the plaintiffs attorneys involved have defeated a defense attempting to use that ruling in another case. A judge ruled this month that providing personally identifiable information to a third party obtained from app users' viewing data can cause the users harm.
“Lawsuit Claims Smartphone-Enabled Massage Device Violated Privacy.” Chicago Tribune.
September 13, 2016
A Chicago-area woman is suing the maker of We-Vibe, claiming the smartphone-enabled personal massager secretly transmitted "highly intimate and sensitive data" of her usage to the company in real time. The lawsuit, filed this month in a Chicago federal court, seeks class-action status for "tens of thousands" of We-Vibe users, whose data allegedly was collected without consent by Standard Innovation, the device's Canadian manufacturer, in violation of privacy and consumer fraud laws.
“Cruise Cos. Settle Robocall Class Action For Up To $76M.” Law360.
September 8, 2016
Attorneys litigating a massive class action accusing several cruise marketing companies of violating the Telephone Consumer Protection Act by robocalling millions of Americans with offers for free trips told an Illinois federal judge overseeing the case Thursday that they had reached a settlement that could see the companies paying out up to $76 million.
“Gannett Can’t Escape Privacy Suit Over USA Today App.” Law360.
September 2, 2016
A Massachusetts federal judge won't let USA Today parent company Gannett Co. off the hook for allegedly collecting app users' video viewing data and sharing it with another company, ruling on Friday that disclosing personally identifiable information could indeed cause users harm.
“Mic Check: Suit Says Warriors App Uses Phone to Listen In on Fans.” Law.com
August 30, 2016
That’s the claim that lawyers at Edelson P.C. have made in a suit filed in San Francisco federal court on Monday against the San Francisco Bay Area’s National Basketball Association franchise and two companies that helped the team build its mobile app.
“Law Firms and Data Breaches: Sensitive Data and Dangerous Practices.” Junto.
August 23, 2016
A Q&A with Jay Edelson of Edelson PC Hacking incidents at law firms have led to major data breach events in recent months. Even as all law firms store and handle sensitive client data, many of the smaller organizations tend to lack robust cybersecurity policies and procedures.
Better with Age: Chicago’s Top Ten Startup Founders over 40
August 8, 2016
"Jay Edelson is the founder & CEO of 50-employee Chicago-based Edelson PC. Picture a stereotypical startup – workers scurrying about on hover boards throughout an open office, playing ping-pong, making music videos to team-build, playing around with the Oculus Rift, wearing flip-flops and short or jeans and hoodies as weather-appropriate, being entrepreneurial at every turn – and that’s Edelson . . . ."
“Cravath Alternative: $150K Now… Much, Much More At Bonus Time.” Above The Law.
June 27, 2016
"For a Biglaw player, there’s really no excuse at this point for lagging behind the market in compensation. It’s just throwing up a white flag to be hemming and hawing about compensation — at least in the top markets — at this point. . . ."
“Panama Papers Fallout: What If Your Lawyer Gets Hacked?” InformationWeek.
May 31, 2016
"Your company has likely spent a lot of time, effort, and money keeping its security systems, policies, and practices up to date. Can the same be said of your law firm?
The legal industry isn't exactly known for its technology leadership, which should be of concern, especially from a security perspective. Don't assume that your data is safe, in other words. Be prepared to do your own due diligence. . . ."
The legal industry isn't exactly known for its technology leadership, which should be of concern, especially from a security perspective. Don't assume that your data is safe, in other words. Be prepared to do your own due diligence. . . ."
“High Court Gets It Right With ‘Spokeo’ Decision.” The National Law Journal
May 31, 2016
"In Spokeo v. Robins, in which we represented the plaintiff, Spokeo Inc. made the unprecedented argument to the U.S. Supreme Court that to establish "injury in fact" standing in statutory cases, the plaintiff must allege "real-world" or "palpable" harm beyond the statutory violation. Not only did Spokeo's argument fail to secure five votes, it didn't garner any. . . ."
“Tech Companies Take Their Legislative Concerns to the States.” The New York Times.
May 27, 2016
"The Biometric Information Privacy Act of Illinois is not a law many are familiar with. But if you have ever shared a photo on social media, the little-known statute turns out to be one of the nation’s toughest regulations for how companies like Facebook and Google can use facial recognition technologies to identify you online. . . ."
“Trump’s Wall Misses the Mark: We Need a Cyber Wall, Not a Physical One.” TechCrunch.
May 27, 2016
"The issues for the general election campaign have, to a great extent, already been framed. And Donald Trump, being the world-class marketer he is, has successfully forced a debate about whether the U.S. needs to build a wall across the 1,954 miles of our southern border to secure our great nation. . . ."
“Peter Thiel Proves Silicon Valley Only Hates Lawsuits When It’s the One Getting Sued.” Quartz.
May 27, 2016
"Silicon Valley purports to hate the legal system. To hear the tech world tell it, lawyers are leeches and regulations are mostly outdated. Lawsuits stifle innovation and waste money that startups could better spend developing products and recruiting more users, thereby making the world a better place. . . ."
“Six Concussion Suits Are Filed Against Colleges and N.C.A.A.” The New York Times
May 17, 2016
Several former college football players filed class-action lawsuits Tuesday against their universities, conferences and the N.C.A.A., claiming negligence over their handling of head injuries. The spate of cases — six were filed Tuesday — marks a new effort by athletes seeking financial relief for what they say are the lasting effects from concussions sustained in their college careers. . . .
“Supreme Court Rules Spokeo Not Done with Privacy Lawsuit.” CNET.
May 16, 2016
The US Supreme Court kicked a contentious privacy lawsuit back to a lower court on Monday, essentially telling the 9th US District Court of Appeals it hadn't answered all the necessary questions when ruling that people search engine Spokeo had harmed a user by displaying inaccurate information. . . .
“Class-Action Suit Targeting Law Firm Privacy Protections Could Be Unsealed.” BloombergBNA.
May 5, 2016
Edelson PC announces it has filed a federal class-action under seal that targets a Chicago-based regional law firm for data security holes, and that it's moving the Court to unseal the complaint against the unnamed firm. . . .
“Theranos Exposes the Perverse Incentives at Work in Silicon Valley.” Quartz.
April 29, 2016
"Theranos, the health technology company once valued at $9 billion, is making its investors’ blood run cold... While the rise and fall of Theranos has been dramatic, it is far from a rare case. . . ."
“Michigan is about to let more of your privacy go to data miners.” MLive.
April 20, 2016
Silicon Valley hates privacy laws. And it's no surprise why. Companies like Facebook, Google and Instagram succeed by collecting and monetizing consumer data . . .
“Breaking Down the Class Action Lawsuit Against Kanye & TIDAL Over ‘Life of Pablo’ Release.” DJBooth.
April 18, 2016
Much of the discussion around the release of Kanye West's The Life of Pablo album has centered around its ground-breaking nature and constantly evolving musical updates, but underneath the art a different story has been unfolding. . . .
“Meet the Man Disrupting Silicon Valley.” Chicago Lawyer Magazine.
April 4, 2016
He’s seen Silicon Valley’s vision for the future, and it’s enough to keep him awake at night. If the tech wizards get their way, says Chicago attorney Jay Edelson, we will soon be living in a world of total interconnectivity. . . .
“Local Counsel May Be Weak Point in Big Law’s Cyberdefense.” The American Lawyer.
March 31, 2016
As big law firms come to grips with the need to defend against cyberattacks, some may not be doing enough to address a potential blind spot: other law firms. . . .
“Threats of Litigation After Data Breaches at Major Law Firms.” Bloomberg BNA.
March 30, 2016
Reports on Wednesday that both Weil Gotshal & Manges and Cravath, Swaine & Moore as well as other firms have suffered data breaches in recent months, put new attention on the potential consequences for law firms with lax security.
“We’ve been saying for a long time that law firms are major targets,” said Jay Edelson, founder of Edelson, a plaintiff’s side class-action firm that focuses on privacy-related suits. . . .
“We’ve been saying for a long time that law firms are major targets,” said Jay Edelson, founder of Edelson, a plaintiff’s side class-action firm that focuses on privacy-related suits. . . .
“Apple demands to know how FBI cracked San Bernardino iPhone.” TechRepublic.
March 30, 2016
On Monday, the Justice Department dropped its case against Apple after it was able to unlock the iPhone used by San Bernardino shooter, Syed Farook, with the help of an "outside party." Now, Apple wants to know just how they did it. . . .
“The FBI has a big ulterior motive in its fight against Apple.” Quartz.
March 18, 2016
When a public interest group wants to create new legal precedent, its first step is to find a client with sympathetic facts. But the public may not realize that the government employs this legal tactic as well. . . .
“Data Vampires.” pivot.
March 10, 2016
A diverse group of civil liberties advocates come together to battle data vampires, little known corporate entities that gather and manipulate people's personal information in an effort to influence consumer behavior with startling specificity. . . .
“Commentary: Why Apple is right to tangle with the FBI.” Chicago Tribune.
February 24, 2016
For the past decade I've spent my professional life fighting tech giants over consumer privacy issues. I've been called Silicon Valley's "most feared and loathed" attorney, "tech's baby-faced boogeyman" and — my personal favorite — a "leech tarted up as a freedom fighter." Given that, I never thought I would be standing with Apple in a high-stakes privacy battle. . . .
“Strategy To End Class Actions Might Just Wind Up Costing Companies More.” Forbes.
January 25, 2016
The U.S. Supreme Court’s decision in Campbell-Ewald v. Gomez seemed to leave open the possibility companies could pay off the representative plaintiff in a class action and thus stop the larger lawsuit before it begins...
Even if a defendant company convinces a judge to accept payment on behalf of a plaintiff who doesn’t want it, attorney Jay Edelson with Edelson PC in Chicago said the strategy ultimately is doomed to fail. . . .
Even if a defendant company convinces a judge to accept payment on behalf of a plaintiff who doesn’t want it, attorney Jay Edelson with Edelson PC in Chicago said the strategy ultimately is doomed to fail. . . .
“Pick-Offs After Campbell-Ewald: Some Predictions.” Law360.
January 21, 2016
On Wednesday, the U.S. Supreme Court rightly rejected Campbell-Ewald Co.’s attempt to settle out plaintiff Jose Gomez’s individual claim to, in Justice Ruth Bader Ginsburg’s words, “avoid a potential adverse decision, one that would expose it to damages a thousand-fold larger than the bid Gomez declined to accept.” . . .
“Facial Recognition: Who’s Tracking You in Public?” Consumer Reports.
December 30, 2015
The mall is crowded, including the department store that keeps your family supplied with everything from handbags to business suits. Moments after you enter, a saleswoman walks up holding a tablet. She smiles and greets you by name. Are you shopping for yourself or your spouse today? We’ve moved things around since you were here in December—let me help you find your way, she says. . . .
“Plaintiffs Firm Edelson Brings Privacy Prowess To SF.” Law360.
November 4, 2015
Plaintiffs class action firm and privacy litigation heavyweight Edelson PC revealed Tuesday that it has set up shop in San Francisco, a move that the Chicago-based firm said would allow it to file more suits and put more pressure on Silicon Valley companies. . . .
“Privacy Class Action Firm Opens SF Office.” The Recorder.
November 3, 2015
Edelson PC, the Chicago-based plaintiffs firm that specializes in privacy litigation, will open its second office Tuesday in San Francisco. The new South of Market digs will put Edelson closer to key federal courts—and to the technology companies the firm frequently torments with class actions. . . .
“Supreme Court Case Pits Privacy Rights Against Internet Data Brokers.” Los Angeles Times.
November 2, 2015
The Supreme Court is set to hear a clash between privacy laws that protect American consumers and the desire of online data providers to avoid potentially crippling lawsuits if they post inaccurate information on the Web. . . .
“Disputed Web Profile Gives U.S. High Court Chance to Curb Suits.” Bloomberg.
November 2, 2015
Thomas Robins says the online profile he found under his name six years ago bore little resemblance to his real self...
That dossier, compiled by the data broker Spokeo Inc., is now at the center of what may be the biggest business case of the U.S. Supreme Court’s nine-month term. . . .
That dossier, compiled by the data broker Spokeo Inc., is now at the center of what may be the biggest business case of the U.S. Supreme Court’s nine-month term. . . .
“Yelp-For-People App Raises Questions.” MediaPost.
October 2, 2015
On Wednesday, the Washington Post introduced the world to the forthcoming app Peeple, which will let people publicly post ratings about other people.
Since then, the concept of a Yelp-for-people has proven almost universally unpopular with observers, who are warning that Peeple will inevitably lead to abuse. . . .
Since then, the concept of a Yelp-for-people has proven almost universally unpopular with observers, who are warning that Peeple will inevitably lead to abuse. . . .
“Twitter Hit With Suit Claiming It Snoops on Direct Messages.” The Wall Street Journal.
September 15, 2015
On Wednesday, the Washington Post introduced the world to the forthcoming app Peeple, which will let people publicly post ratings about other people.
Since then, the concept of a Yelp-for-people has proven almost universally unpopular with observers, who are warning that Peeple will inevitably lead to abuse. . . .
Since then, the concept of a Yelp-for-people has proven almost universally unpopular with observers, who are warning that Peeple will inevitably lead to abuse. . . .
“White House Supports Consumers’ Right To Sue Data Brokers.” MediaPost.
September 11, 2015
Joining a roster of privacy advocates, the Obama administration is urging the Supreme Court to rule that consumers have the right to sue data aggregators for posting incorrect information online. . . .
“Class Actions And The Separation Of Powers: A Spokeo Debate.” Reuters.
September 1, 2015
Today is one of those days when I am really glad not to be a justice of the U.S. Supreme Court. They only get the tough cases. . . .
“The Rise and Fall of a Bitcoin Kingpin.” Rolling Stone.
August 27, 2015
Just after sunrise on August 1st, Tokyo police stormed into a sleek two-story townhouse on a quiet residential street in Japan's capital and arrested Mark Karpeles, the 30-year-old head of Mt. Gox, the largest bitcoin exchange in the world. . . .
“Edelson Adds Cybercrime Prosecutor.” Chicago Daily Law Bulletin.
August 26, 2015
The next time Edelson P.C. takes a tech foe to court, the firm will have a former cybercrime prosecutor on its side. . . .
“Chicago Law Firm Adds Staff To Fight Facebook (And Others Over Privacy).” Crain’s.
August 25, 2015
A Chicago law firm known for suing Facebook, Google and other tech giants is expanding its roster of lawyers by nearly half to tackle a booming caseload. . . .
“Facebook Readies for Battle Over Biometrics” The Recorder.
August 19, 2015
Three suits accuse its tagging feature of violating an Illinois law that carries hefty statutory penalties. . . .
“Autodialers on High Alert Over FCC Ruling.” Direct Marketing News.
July 29, 2015
Marketers who use text messages and automated phone calls are fretting that the Federal Communications Commission's recent order interpreting the Telephone Consumer Protection Act of 1991 (TCPA) will hurt consumers more than it will help them. Two trade associations have filed petitions in appeals court challenging the ruling, and corporate defense attorneys fear an increase in class action lawsuits. . . .
“Class Action Suits Question Who Owns Pics Posted on Social Media.” Claims Journal.
July 16, 2015
Facebook’s handling of your headshot is now the subject of class action lawsuits that pose the question: When someone turns your mug into data, are those digits theirs or yours? . . .
“Media, tech companies ask SCOTUS to restrict class actions in Spokeo.” Reuters.
July 15, 2015
It would have been shocking if big business hadn’t turned out in force to back the search engine Spokeo at the U.S. Supreme Court, in a case with potentially huge consequences for class action defendants. . . .
“Tech industry wants your face, but not your permission.” Deutsche Welle.
June 17, 2015
Discussions between privacy advocates and tech companies about facial recognition technology have broken down. The industry would not commit itself to obtaining users' consent before collecting their biometric data. . . .
“Facial recognition technology is everywhere. It may not be legal.” The Washington Post.
June 11, 2015
Privacy advocates and representatives from companies like Facebook and Google are meeting in Washington on Thursday to try to set rules for how companies should use this powerful technology. They may be forgetting that a good deal of it could already be illegal. . . .
“‘Internet of Things’ Could Drive Litigation Uptick.” New Jersey Law Journal.
June 11, 2015
Lax security for the growing number of appliances, televisions, cars and other everyday items connected to the Internet will prompt a wave of litigation in coming years, some lawyers have predicted. . . .
“NCPA: Lead plaintiff in NCAA concussion case opposes settlement.” CBS Sports.
June 9, 2015
The lead plaintiff in the NCAA’s concussion lawsuit says he never agreed to a preliminary settlement before a federal judge and has fired his lawyer, according to a statement released Tuesday by the National College Players Association. . . .
“Panel Sees More Data Breach Litigation on the Horizon.” The Legal Intelligencer.
June 3, 2015
A panel of national data-security attorneys agreed at a cybersecurity conference Tuesday that data breach litigation is expanding in almost every way, and big changes are coming soon. . . .
“The Key To Hiring The Best Summer Associates.” Law360.
May 26, 2015
A law firm’s summer associate program can be a great way for both firms and attorneys-in-training to figure out whether they have a future together, but it's still easy to be wrong.
Law firms will soon be struggling to find top talent in the avalanche of resumes they receive for summer associate positions, but law firms first need to ask some tough questions of themselves, experts say. . . .
Law firms will soon be struggling to find top talent in the avalanche of resumes they receive for summer associate positions, but law firms first need to ask some tough questions of themselves, experts say. . . .
“The Legal Power of ‘Standing’.” The New York Times.
May 14, 2015
It just goes to show the importance of jurisdiction. Recently, the Supreme Court added a new case to its docket for next year, Spokeo v. Robins, which is about a technical question of jurisdiction — when a plaintiff has “standing” to sue in federal court. . . .
“Filing: NFL concussion settlement shows NCAA deal can’t be approved.” CBS Sports.
May 12, 2015
A federal judge's recent approval of the NFL's concussion settlement demonstrates why the NCAA's proposed concussion deal “falls far outside the range of possible approval,” lawyers for a former San Diego State football player claim. . . .
“Supreme Court to Hear ‘Non-Injury’ Privacy Class Action.” E-Commerce Times.
May 6, 2015
The U.S. Supreme Court last month granted a request from Spokeo, a data aggregator, to consider whether the legal basis litigants must meet to file a claim in federal court should be broadly or narrowly defined. . . .
“Athletes’ Attorney Slams New NCAA Concussion Deal As ‘Window Dressing.’” CBS Chicago.
April 17, 2015
Attorneys representing college athletes in a concussion lawsuit against the NCAA have criticized a proposed settlement. . . .
“Surf, Cry, Sue: Tort lawyers could burst class-action floodgates unless High Court acts.” The Wall Street Journal.
April 16, 2015
Trial lawyers have built an empire chasing the potentially injured and convincing them to sue. But what if a multimillion-dollar lawsuit required no injury at all? . . .
“Facebook Hit With Lawsuit for Scanning, Storing Users’ Facial Data.” Newsweek.
April 7, 2015
Have you ever uploaded pictures onto Facebook and found that the site has automatically identified the people in each image, asking if you’d like to tag them?
This “tag suggestion” feature comes courtesy of the site’s facial recognition software, added in 2010, which a class-action lawsuit filed April 1 says violates users’ privacy. . . .
This “tag suggestion” feature comes courtesy of the site’s facial recognition software, added in 2010, which a class-action lawsuit filed April 1 says violates users’ privacy. . . .
“Jay Edelson, the Class-Action Lawyer Who May Be Tech’s Least Friended Man.” The New York Times.
April 4, 2015
When technology executives imagine the boogeyman, they see a baby-face guy in wire-rim glasses. His name is Jay Edelson.
“Titan Of The Plaintiffs Bar: Jay Edelson.” Law360.
October 1, 2014
While working as a defense attorney in the late 1990s, Jay Edelson realized something was missing. So he built a plaintiffs' firm that offered just what he was craving. . . .
Let the Externs Get Paid
March 6, 2014
Last month the American Bar Association’s (ABA) Section of Legal Education Standards Review Committee recommended that the organization reverse its policy forbidding law students from being paid to participate in for-credit externships. That’s good news both for law students and our profession as a whole. . . .
“Plaintiff Seeks to Freeze Mt. Goxs’ U.S. Assets.” The New York Times.
March 5, 2014
Customers of Mt. Gox are trying to freeze assets in the United States of the bankrupt Bitcoin exchange and its chief executive, Mark Karpeles. There’s just one problem: They don’t know where those assets are.
Plaintiffs in a class-action lawsuit filed a motion on Tuesday seeking a temporary injunction to keep Mr. Karpeles or his company from moving any money outside of the United States. . . .
Plaintiffs in a class-action lawsuit filed a motion on Tuesday seeking a temporary injunction to keep Mr. Karpeles or his company from moving any money outside of the United States. . . .
Rethinking the Law Firm Recruitment Model
February 6, 2014
Currently, all of the big firms tend to compete for the same few thousand candidates: second-years at top-tier law schools with strong grades and enough social skills to survive the interview process. But once you step outside of this echelon of the law school hierarchy, the reality is grim. . . .
It’s Time for Lawyers to Start Helping Their Clients Make Data-Driven Decisions
January 23, 2014
Today, we address another area in which lawyers and law firms have struggled to advance: measurability. Specifically, we’re talking about measuring the probability of success or failure (however those terms are defined) to assist in rendering legal advice to clients. . . .
“Pardon the Disruption: The second thing that needs to go—the law school model (Part 2).” Thomson Reuters.
December 12, 2013
Prior to the Thanksgiving holiday, we discussed the not-so-novel proposition that the U.S. legal education system requires a healthy dose of reform... In today’s post, we take principles from CIC and apply them to legal scholarship. . . .
“Spaces: The games are always on at Edelson.” Chicago Lawyer.
December 1, 2013
The orange tape lining the floor of Edelson LLC’s main lobby area is designed to mimic the lines on a tennis court — except it wraps up along a wall and part of the ceiling. The aesthetic is not accidental. . . .
“Pardon the Disruption: The second thing that needs to go—the law school model (Part 1).” Thomson Reuters.
November 21, 2013
Talk has been swirling for a while about the need to overhaul the legal education system. JD candidates crossing the stage in recent years have exited with a hefty tab and a degree that guarantees few job opportunities. And despite almost a decade of excess supply, some are claiming that law schools are running out of cash. . . .
“Pardon the Disruption: The first thing that needs to go—the billable hour.” Thomson Reuters.
November 7, 2013
The legal industry has been painfully slow to embrace change. While all around us industries re-invent themselves to reflect the times, our complexion is largely the same as it was 15 years ago . . .
“The ATL Interrogatories: 10 Questions with Jay Edelson.” Above the Law.
October 16, 2013
Jay Edelson is the founder and managing partner of Edelson LLC, a national consumer class action firm. Edelson LLC focuses on consumer technology, privacy, and banking litigation, and has secured settlements valued at over $1 billion in the last five years. . . .
“Beyond the Ping-Pong Table: Lessons for Lawyers From Startup Companies.” The National Law Journal.
September 30, 2013
"The legal field has remained tone deaf to the lessons of America's startup culture. That's unfortunate, because startups can serve as a model for innovative, efficient and invigorating work environments. . . ."
“End the Summer Associate Sideshow (and start treating them like the almost-lawyers they are).” Bloomberg Law.
August 20, 2013
Today’s typical summer associate program is a creature of the decades-old traditional law practice. Not unlike other aspects of that tradition, while it was born out of well meaning principles (most significantly: “attract the best and the brightest”), it has now lost its way. . . .
“The Best Law Firm Offices in America: The Finalists!” Above The Law.
August 30, 2012
Edelson McGuire’s space in Chicago might just be the coolest law office ever. A compliment to the firm’s website, the Chicago office has helped brand the boutique as an emerging leader in high-stakes technology class actions, privacy suits, and other national litigation. Taking up the entire 13th floor in a building just North of the river, if someone didn’t tell you it was a law firm you’d think they were busily coming up with the next big website or app…. [T]he office’s exposed ceilings (complete with industrial vents and piping) contrast with the hi-tech look of the office walls to provide an unmistakable start-up feel all their own.
“Court Reinstates Suit by Chicago Homeowner Against Wells Fargo.” Chicago Tribune.
March 8, 2012
A Chicago homeowner who was denied participation in a federal mortgage modification program can sue her lender for fraud and other claims, a federal appellate court said this week. . . .
“9 Mistakes Companies Make In Consumer Class Actions.” Law 360.
January 20, 2011
"Dealing with consumer class actions is one of the more significant challenges facing companies today. Innovation moves light years faster than changes in the law. . ."
“Trust Young Lawyers & They Won’t Let You Down.” American Bar Association.
October 15, 2009
Law firms are notoriously bad at training newly-minted attorneys and developing them into meaningful contributors.The problem begins with structure. . . .
“Non-Compliant Episode 14: The (Second) One Where Professor Nancy Rapoport Discusses the Future of Law Firms.”
July 14, 2020
In Episode 13 of Non-Compliant, we had the first part of our conversation with Processor Nancy Rapoport. During the episode, we discussed how COVID-19 will permanently redefine how lawyers work and their need for a physical workspace, fee arrangements, and how cases are billed. In part two of our conversation with Professor Rapoport, we focus on the impact of COVID-19 on law firm staffing, the hiring and recruitment process, and diversity initiatives.
“Law Firm Leaders’ 3 Biggest Worries For The Rest Of 2020.” Law360.
July 10, 2020
While law firm leaders are looking at the future with cautious optimism, there are major concerns for the legal field moving forward. With #COVID19 numbers increasing across the country, we expect the pandemic to last well into next year. As we prepare for the future, we’ve shifted our policies on remote working-- we believe people can work as well (or better) from a remote workspace, which is why we no longer require our employees to be in the same cities as our physical offices. While we've adapted our practices, we are still incredibly focused on diversity and inclusion efforts. "With most law firms focused on efficient business practices, teleworking and finances, diversity is ranked at the bottom of the priority list for many. As seen in the last recession … women and Black attorneys are the most likely to be laid off and have their salaries reduced. With that in mind, we are focused on continuing our efforts to diversify our team, and the legal field more generally." Our Founder and CEO Jay Edelson spoke with Law360 about the impact of the global pandemic on the legal field, and his concerns moving forward.
“Non-Compliant Episode 13: The One Where Professor Nancy Rapoport Discusses the Future of Law Firms.”
July 1, 2020
COVID-19 will permanently redefine the legal field. From how lawyers work and their need for a physical workspace, to fee arrangements, and the types of cases filed. Over the last few months, we’ve seen significant changes in BigLaw—firms have reduced their workforce, implemented hiring freezes, and shortened/ canceled their summer programs. Professor Nancy Rapoport joins us this week to discuss the evolving legal landscape and navigating a path forward. Join us next week for part two of our discussion with the Professor.
“Non-Compliant Episode 12: The One Where Prominent Trial Attorney Tony Romanucci Discusses Representing the Family of George Floyd.”
June 17, 2020
Our country is at a tipping point after the recent murder of George Floyd. Black Lives Matter is not just having a moment - we’re at the beginning of an important movement that has spurred not only calls for reforming our police and justice systems, but a fundamental shift in American culture.
In this episode, we’re honored to welcome Tony Ramunucci, founding partner at Romanucci & Blandin, LLC and one of the lawyers representing the Floyd family. Tony tells Mr. Floyd’s story and talks about how his family is coping, the “Code of Silence” among police officers and the culture of impunity, and what’s been happening across the country as a result of Mr. Floyd’s death. He also discusses aspects of the criminal case and whether civil cases are going to be filed. Listen in to hear this informative discussion.
“Statement by Edelson PC on the Murder of George Floyd.”
June 4, 2020
We would like to take a moment to share our thoughts about the murder of George Floyd, the resulting peaceful protests, and the violence and chaos that seems to be egged on by the President and others who want America to be less stable, less just, and less kind.
“COVID-19 Task Force Privacy Newsletter: Volume 2.”
April 3, 2020
We realize that people are quickly transitioning to using new technologies to keep in contact with co-workers and family. Therefore, this issue will provide guides focusing on usage, privacy, and troubleshooting for a number of popular platforms.
“COVID-19 Task Force Privacy Newsletter: Volume 1.”
March 25, 2020
Due to the COVID-19 pandemic, many people are now working remotely and connecting with friends and family online. Unfortunately, we’re also seeing new cyberthreats and scams emerge. Check out our inaugural privacy newsletter for tips from our experts on how to stay safe online.
“Non-Compliant Episode 10: The One Where Jay Edelson Addresses the Coronavirus and Answers Your Questions.”
March 20, 2020
“Non-Compliant Episode 9: The One Where We Ask For Listener Questions.”
February 26, 2020
“Non-Compliant Episode 8: The One Where We Ask if Big Tech Has Infiltrated Public Interest Privacy Organizations.”
February 19, 2020
“Non-Compliant Episode 7: The One Where Award Winning Journalist Dan Levine Reports That The ‘Public’ Court System is Less Public Than We All Thought.”
February 4, 2020
“Non-Compliant Episode 6: The One Where Illinois State Representative Ann Williams Takes The Fight to Big Tech (and others).”
January 28, 2020
In Episode 6, we speak with Illinois State Representative Ann Williams. We all know that the political climate is toxic and broken. The federal government simply isn’t working for regular Americans. While some of us give up, Representative Williams sees unique opportunities at the state level. Williams takes us through some of the hardest fought political fights over privacy and explains how to battle back against Big Tech and the endless resources they have to shut down even an honest discussion. We don’t like to throw around the word “visionary” loosely, but Williams shows how important it is for politicians to be thinking years ahead, whether it comes to privacy, the environment, or protecting women’s reproductive rights in a potentially post-Roe world. If anyone thinks politicians are only concerned about themselves, this episode will change your mind.
“Non-Compliant Episode 5: The One Where Elizabeth Chamblee Burch Takes on the Mass Tort Bar.”
January 24, 2020
Mass torts are big business. From suits about defective hip implants, to claims that Big Pharma has injured or killed thousands of people, to litigation over the concussions suffered by football players, mass personal injury suits take up a significant portion of the federal and state dockets. And they often lead to tremendous results, with multi-billion-dollar settlements and industry-wide reforms. But law professor and author Elizabeth Chamblee Burch argues that all is not calm beneath the surface. In her electrifying new book, Mass Tort Deals: Backroom Bargaining in Multi-District Litigation (https://www.elizabethchambleeburch.com/), Burch takes on the plaintiff’s bar over claims of self-dealing and hardball tactics. And she names names. In this episode of Non-Compliant, Burch demonstrates that she is not afraid of a robust conversation with Jay, who has spent two decades fighting corporate America, including through the multi-district litigation procedures. Heck, Jay is lead counsel in the NCAA concussion cases, litigating issues Burch writes about extensively. While Jay is happy to both concede that the plaintiff’s bar is far from perfect, he also pushes back at some of Burch’s underlying theories. This all makes for a fun and substantive conversation around a topic that is extremely under-reported.
“Non-Compliant Episode 4: The One Where the FBI Spied on A Community for Four Decades.”
January 21, 2020
In Episode 4 we meet with Filmmaker Assia Boundoui and human rights attorney Christina Abraham to discuss the award-winning documentary "The Feeling of Being Watched". (http://www.feelingofbeingwatched.com/). After spending the beginning of her career as a journalist for BBC, VICE, and CNN, Assia discusses her transition to filmmaker and her first project—looking into the FBI surveillance of her own Bridgeview, Illinois community. Assia takes us through her investigation, including uncovering tens of thousands of FBI documents proving that her Arab-American community was the subject of one of the largest counterterrorism investigations, code-named “Operation Vulgar Betrayal”, conducted on U.S. soil before 9/11. She then leads us on her journey to end the government’s secrecy over their four decade investigation and discusses the impact that constant surveillance – something Big Tech is racing to make happen -- has on individuals. Is Judge Richard Posner correct when he argued that “privacy is mainly about trying to improve your social and business opportunities by concealing the sorts of bad activities that would cause other people not to want to deal with you?” Or does being constantly monitored take away some quintessential truth about the American experience?
“Above The Law’s Thinking Like A Lawyer Podcast: Life On The Other Side Of The V.”
January 21, 2020
When it comes to litigation, law schools generally funnel students into larger, defense-oriented firms. These firms offer steady paychecks — all the better to pay your monthly debt bill, my dear — and a tried and true path. But there is another side to the “v” and it often involves better opportunities and more rewarding work. Joe and Elie chat with Edelson PC about the tech-oriented plaintiff and class action firm’s work from protecting biometric privacy rights to addressing sexual misconduct in youth sports with partner Chris Dore and associates Aaron Lawson and Sydney Janzen.
“Non-Compliant Episode 3: The One Where Author Todd Henderson Argues that Tech Companies are Ushering In a New Era of Trust and Cooperation.”
January 8, 2020
“Non-Compliant Episode 2: The One Where Ted Frank Takes On Class Action Attorneys.”
January 7, 2020
“Edelson PC Launches “Non-Compliant” Podcast and Edelson Creative Platform”
December 12, 2019
Latest creative endeavors from renowned Chicago plaintiffs’ law firm offer unique insights on the law, and just about everything else, too.
“Non-Compliant Episode 1: The One Where A Conservative Thinks Class Actions Are Good.”
December 12, 2019
In our first ever episode, we have law professor Brian Fitzpatrick on the show. Brian's never voted for a Democrat in his life. He clerked for Supreme Court Justice Antonin Scalia (not known to be particularly liberally). And he won an award from the Federalist Society. So why did he write a book called “The Conservative Case for Class Actions?” We dive deep into a spirited discussion over whether class actions are good for the country. (Spoiler alert, even Jay thinks that many are not.) Whether you agree or disagree, you will hear a radically new view of the politics behind the class action device and which pieces are working and which ones aren’t. For more about Professor Fitzpatrick, visit his website www.briantfitzpatrick.com.
“Illinois Unions File Lawsuit Against Opioid Manufacturers.” The Construction User.
February 13, 2019
A Q&A with Ari Scharg of Edelson PC In February, the Chicago Regional Council of Carpenters and the International Union of Operating Engineers Local 150 filed the first ever lawsuit brought by Illinois unions against several opioid manufacturers, distributors, and prescribers. The Illinois Unions want to hold drug companies accountable for the crisis impacting their communities and families in a very real way, “more than anything else, a win would mean creating a safer environment for Carpenters, Operating Engineers and others in the construction industry.”
“Battling Bullies: Chicago Litigator Takes on Power Brokers.” Of Counsel.
March 1, 2018
Big banks. Big tech firms. Big Pharma. The big business that is the NCAA. Plaintiff’s attorney Jay Edelson wages battle against many of the nation’s most fortified institutions. Not only does he refuse to back down to anyone, regardless of their stature or deep pockets, he welcomes the challenge.
“The Opioid Epidemic.” City Club of Chicago.
December 6, 2017
Moderated by Hon. Toni Preckwinkle, featuring Hon. Patrick Kennedy, Jay Edelson, and Dr. Steven Aks
“The Privacy Advisor Podcast: Jay Edelson.” iapp.
October 31, 2016
Jay Edelson is now one of best-known lawyers in the field, in part because of his aggressive pursuit of giant tech firms and their uses of consumer data.
“Modernizing Vs. Weakening The TCPA.” Law360.
September 30, 2016
The FCC and our judicial system have provided a comprehensive process to update the TCPA and keep it current with ever changing technology. Any changes at the congressional level should be done carefully and in a nuanced fashion to avoid opening sought-after loopholes that have unintended consequences.
“Law Firms and Data Breaches: Sensitive Data and Dangerous Practices.” Junto.
August 23, 2016
A Q&A with Jay Edelson of Edelson PC Hacking incidents at law firms have led to major data breach events in recent months. Even as all law firms store and handle sensitive client data, many of the smaller organizations tend to lack robust cybersecurity policies and procedures.
“High Court Gets It Right With ‘Spokeo’ Decision.” The National Law Journal
May 31, 2016
"In Spokeo v. Robins, in which we represented the plaintiff, Spokeo Inc. made the unprecedented argument to the U.S. Supreme Court that to establish "injury in fact" standing in statutory cases, the plaintiff must allege "real-world" or "palpable" harm beyond the statutory violation. Not only did Spokeo's argument fail to secure five votes, it didn't garner any. . . ."
“Trump’s Wall Misses the Mark: We Need a Cyber Wall, Not a Physical One.” TechCrunch.
May 27, 2016
"The issues for the general election campaign have, to a great extent, already been framed. And Donald Trump, being the world-class marketer he is, has successfully forced a debate about whether the U.S. needs to build a wall across the 1,954 miles of our southern border to secure our great nation. . . ."
“Peter Thiel Proves Silicon Valley Only Hates Lawsuits When It’s the One Getting Sued.” Quartz.
May 27, 2016
"Silicon Valley purports to hate the legal system. To hear the tech world tell it, lawyers are leeches and regulations are mostly outdated. Lawsuits stifle innovation and waste money that startups could better spend developing products and recruiting more users, thereby making the world a better place. . . ."
“Theranos Exposes the Perverse Incentives at Work in Silicon Valley.” Quartz.
April 29, 2016
"Theranos, the health technology company once valued at $9 billion, is making its investors’ blood run cold... While the rise and fall of Theranos has been dramatic, it is far from a rare case. . . ."
“Michigan is about to let more of your privacy go to data miners.” MLive.
April 20, 2016
Silicon Valley hates privacy laws. And it's no surprise why. Companies like Facebook, Google and Instagram succeed by collecting and monetizing consumer data . . .
“The FBI has a big ulterior motive in its fight against Apple.” Quartz.
March 18, 2016
When a public interest group wants to create new legal precedent, its first step is to find a client with sympathetic facts. But the public may not realize that the government employs this legal tactic as well. . . .
“Commentary: Why Apple is right to tangle with the FBI.” Chicago Tribune.
February 24, 2016
For the past decade I've spent my professional life fighting tech giants over consumer privacy issues. I've been called Silicon Valley's "most feared and loathed" attorney, "tech's baby-faced boogeyman" and — my personal favorite — a "leech tarted up as a freedom fighter." Given that, I never thought I would be standing with Apple in a high-stakes privacy battle. . . .
“Pick-Offs After Campbell-Ewald: Some Predictions.” Law360.
January 21, 2016
On Wednesday, the U.S. Supreme Court rightly rejected Campbell-Ewald Co.’s attempt to settle out plaintiff Jose Gomez’s individual claim to, in Justice Ruth Bader Ginsburg’s words, “avoid a potential adverse decision, one that would expose it to damages a thousand-fold larger than the bid Gomez declined to accept.” . . .
Let the Externs Get Paid
March 6, 2014
Last month the American Bar Association’s (ABA) Section of Legal Education Standards Review Committee recommended that the organization reverse its policy forbidding law students from being paid to participate in for-credit externships. That’s good news both for law students and our profession as a whole. . . .
Rethinking the Law Firm Recruitment Model
February 6, 2014
Currently, all of the big firms tend to compete for the same few thousand candidates: second-years at top-tier law schools with strong grades and enough social skills to survive the interview process. But once you step outside of this echelon of the law school hierarchy, the reality is grim. . . .
It’s Time for Lawyers to Start Helping Their Clients Make Data-Driven Decisions
January 23, 2014
Today, we address another area in which lawyers and law firms have struggled to advance: measurability. Specifically, we’re talking about measuring the probability of success or failure (however those terms are defined) to assist in rendering legal advice to clients. . . .
“Pardon the Disruption: The second thing that needs to go—the law school model (Part 2).” Thomson Reuters.
December 12, 2013
Prior to the Thanksgiving holiday, we discussed the not-so-novel proposition that the U.S. legal education system requires a healthy dose of reform... In today’s post, we take principles from CIC and apply them to legal scholarship. . . .
“Pardon the Disruption: The second thing that needs to go—the law school model (Part 1).” Thomson Reuters.
November 21, 2013
Talk has been swirling for a while about the need to overhaul the legal education system. JD candidates crossing the stage in recent years have exited with a hefty tab and a degree that guarantees few job opportunities. And despite almost a decade of excess supply, some are claiming that law schools are running out of cash. . . .
“Pardon the Disruption: The first thing that needs to go—the billable hour.” Thomson Reuters.
November 7, 2013
The legal industry has been painfully slow to embrace change. While all around us industries re-invent themselves to reflect the times, our complexion is largely the same as it was 15 years ago . . .
“The ATL Interrogatories: 10 Questions with Jay Edelson.” Above the Law.
October 16, 2013
Jay Edelson is the founder and managing partner of Edelson LLC, a national consumer class action firm. Edelson LLC focuses on consumer technology, privacy, and banking litigation, and has secured settlements valued at over $1 billion in the last five years. . . .
“Beyond the Ping-Pong Table: Lessons for Lawyers From Startup Companies.” The National Law Journal.
September 30, 2013
"The legal field has remained tone deaf to the lessons of America's startup culture. That's unfortunate, because startups can serve as a model for innovative, efficient and invigorating work environments. . . ."
“End the Summer Associate Sideshow (and start treating them like the almost-lawyers they are).” Bloomberg Law.
August 20, 2013
Today’s typical summer associate program is a creature of the decades-old traditional law practice. Not unlike other aspects of that tradition, while it was born out of well meaning principles (most significantly: “attract the best and the brightest”), it has now lost its way. . . .
“9 Mistakes Companies Make In Consumer Class Actions.” Law 360.
January 20, 2011
"Dealing with consumer class actions is one of the more significant challenges facing companies today. Innovation moves light years faster than changes in the law. . ."
“Trust Young Lawyers & They Won’t Let You Down.” American Bar Association.
October 15, 2009
Law firms are notoriously bad at training newly-minted attorneys and developing them into meaningful contributors.The problem begins with structure. . . .