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INSIDE THE FIRM

Privacy and Technology

Edelson’s litigation teams have prosecuted some of the most cutting edge consumer class actions. As a result, the firm has been recognized as a “Plaintiffs Class Action powerhouse,” “known for securing multi-million dollar settlements against tech giants” (Chicago Daily Law Bulletin, September 2013), and as “pioneers in the electronic privacy class action field, having litigated some of the largest consumer class actions in the country on this issue.” See In re Facebook Privacy Litig., No. C 10-02389 (N.D. Cal. Dec. 10, 2010); see also In re Netflix Privacy Litig., No. 11-cv-00379 (N.D. Cal. Aug. 12, 2011).

Representative Cases

 

Settlements on behalf of consumers nationwide are collectively valued at over $1 billion, with more than $300 million attributable to privacy class actions alone.

Secured the largest privacy settlement in history: a $76 million settlement under the Telephone Consumer Protection Act, which will result in as much as several thousand dollars in payments to certain class members. See Birchmeier, et al. v. Caribbean Cruise Line, Inc., et al., No. 12-cv-4069 (N.D. Ill.).

At the forefront of class action litigation in the aftermath of federal bailouts of the banks, winning the first federal appellate decision in the country recognizing the right of borrowers to enforce HAMP trial plans under state law, Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547, 586 (7th Cir. 2012), and securing settlements that restored billions of dollars in credit to borrowers. See, e.g., In re JP Morgan Chase Bank Home Equity Line of Credit Litig., No. 10-cv-3647 (N.D. Ill.) (restoring between $3.2 billion and $4.7 billion in credit to the class); Hamilton v. Wells Fargo BankN.A., No. 09-cv-04152-CW (N.D. Cal.) (restoring access to over $1 billion in credit); In re Citibank HELOC Reduction Litig., No. 09-cv-0350-MMC (N.D. Cal.) (restoring up to $653,920,000 worth of credit to affected borrowers).

Led class actions against the wireless industry—including cases against AT&T Wireless, T-Mobile, Sprint, Verizon and others—that ultimately secured more than $100 million in relief for wireless subscribers after they were fraudulently charged for unauthorized mobile content products and services.

Lead counsel in settlement that secured $30 million in relief and resolved the “Thomas the Tank Engine” lead paint recall cases, see Barrett v. RC2 Corp., No. 07 CH 20924 (Cir. Ct. Cook Cnty., Ill.), as well as a $32 million settlement involving the largest pet food recall in the history of the United States and Canada, see In re Pet Food Prod. Liability Litig., No. 07-2867 (D.N.J.).

Appointed co-lead counsel of MDL track involving more than 50 class actions against the NCAA, its member schools and conferences, for personal injuries suffered by college football players as a result of concussions. In re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, Nos. 13-cv-9116, 16-cv-8727, MDL No. 2492 (N.D. Ill.). The firm also represents the lead objector in the original MDL proceedings, and successfully negotiated changes to a proposed class action settlement that preserved class members’ right to file class personal injury actions and altered the settlement from a claims-made deal worth just several hundred thousand dollars to one that included a non-reversionary fund worth $70 million. Id., MDL No. 2492.

Only firm to have secured (in multiple cases) the settlement of data breach claims where class members received monetary relief without having to show any direct loss flowing from the breach. See, e.g., Resnick v. Avmed, No. 10-cv-24513 (S.D. Fla.) (prior to settlement, obtaining landmark appellate decision endorsing common law unjust enrichment theory, irrespective of whether identity theft occurred, and securing first class action settlement in the country to provide data breach victims with monetary payments irrespective of identity theft).

Secured settlements in class actions against data aggregators for collection practices, as well as media companies and others for disclosing customers’ personal information without authorization. See, e.g., Dunstan v. comScore, Inc., No. 11-cv-5807 (N.D. Ill.) (obtaining class certification in action accusing Internet analytics company of improper data collection practices, and securing $14 million classwide settlement); Kinder v. Meredith, No. 14-cv-11284 (E.D. Mich. Oct. 5, 2015) ($7.5 million classwide settlement); Coulter-Owens v. Rodale, No. 14-cv-12688 (E.D. Mich. Dec. 23, 2015) ($4.5 million classwide settlement).

Only firm to have achieved settlements resulting in companies changing their data security practices after we identified exploitable vulnerabilities in their systems, but before any data breach actually occurred.

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