In the News

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.

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.

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.

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.

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?

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.

Latest creative endeavors from renowned Chicago plaintiffs’ law firm offer unique insights on the law, and just about everything else, too.

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.

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.

Moderated by Hon. Toni Preckwinkle, featuring Hon. Patrick Kennedy, Jay Edelson, and Dr. Steven Aks

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.

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.

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.

"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. . . ."

"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. . . ."

"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, 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. . . ."

Silicon Valley hates privacy laws. And it's no surprise why. Companies like Facebook, Google and Instagram succeed by collecting and monetizing consumer data . . .

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. . . .

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. . . .

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.” . . .

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. . . .

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. . . .

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. . . .

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. . . .

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. . . .

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 . . .

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. . . .

 

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. . . .

"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. . ."

Law firms are notoriously bad at training newly-minted attorneys and developing them into meaningful contributors.The problem begins with structure. . . .