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David I. Mindell

Partner

I Co-Chair Edelson’s Public Client and Government Affairs practice group, and help direct a team of attorneys and technologists in investigating new cases for the firm.

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Q

If you weren’t a lawyer you probably would be:

A

A chef.

Curriculum Vitae

DAVID I. MINDELL is a Partner at Edelson PC, where he helps lead the firm’s Investigations, Forensics, and Public Client and Government Affairs teams.

David and his teams are responsible for uncovering and filing suit over some of the biggest issues facing the country today: from representing state attorneys general in a range of high-stakes litigation and investigations involving children’s privacy, youth vaping, the opioid crisis, and more, to filing the first-of-its-kind biometrics privacy suit that resulted in the largest privacy settlement to date ($650 million), to representing advocacy organizations like the ACLU in landmark litigation concerning the mass deployment of facial recognition on the public, to environmental actions over water and land contamination and natural resources damages from toxic chemicals and emissions.

David also helps oversee the firm’s mass action investigations, including claims against the National Collegiate Athletic Association by thousands of former college football players suffering from the long-term effects of concussive and sub-concussive hits, claims on behalf of hundreds of families and business who lost their homes, businesses, and even loved ones in wildfires that ravaged Northern California and Oregon, and claims on behalf of thousands of individuals exposed to toxic chemicals and emissions.

David’s advocacy doesn’t end at the courtroom. David and his team are responsible for protecting consumers’ rights at federal, state, and local legislatures and agencies throughout the country, and he regularly counsels governments and state and federal lawmakers on a range of policy issues involving the environment, consumer protection, privacy, and data security.

David’s suits have resulted in settlements for his clients totaling over $1.5 billion and in many cases, precedent setting injunctive relief.

Representative Public Client Matters

  • Representing the District of Columbia in its litigation against e-cigarette manufacture JUUL for its allegedly predatory and deceptive marketing tactics.
  • Representing the District of Columbia and the People of the State of Illinois, by and through the State’s Attorney of Cook County, in lawsuits against the world’s largest social network, Facebook, and Cambridge Analytica—a London-based electioneering firm—for allegedly collecting (or allowing the collecting of) and misusing the private data of 50 million Facebook users.
  • Representing the State of Idaho in claims against manufacturers and distributors of prescription opioids. 
  • Representing the State of New Mexico in a privacy suit, alleging that Google LLC violates the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501, et seq., and various state laws, by collecting data from children under the age of 13 through its G-Suite for Education products and services.
  • Representing the City of Chicago and Cook County State’s Attorney in their consolidated data breach/failure to notify lawsuit against Uber Technologies. 
  • Representing the City of Chicago in the Marriott data breach litigation.
  • Designated as a Panel Member on a State Attorney General’s Environmental Counsel Panel.

 

Representative Privacy and Data Security Cases

  • First to uncover the widespread unlawful collection and use of biometric information, like facial recognition technology. Research led to first of its kind class action against Facebook under the Biometric Information Privacy Act, alleging Facebook collected facial recognition data from its users without authorization. Members of team were appointed Class Counsel in securing adversarial certification of class of Illinois Facebook users. Recently reached a settlement in principle with Facebook that includes $650 million in cash payments. See In re Facebook Biometric Privacy Litigation, No. 3:15-cv-03747 (N.D. Cal.).
  • Brought first ever genetic privacy action against a leading direct-to-consumer DNA testing company accused of disclosing customers’ DNA test results without permission. See Cole v. Gene by Gene, Ltd., No. 1:14-cv-00004-SLG (D. Alaska).
  • Counsel in cases alleging that major players in the Bitcoin industry defrauded consumers. SeeGreene, et al v. MtGox Inc., et al., No. 14-cv-01437 (N.D. Ill.); Hussein v. Coinabul, LLC, et al., No. 14-cv-05735 (N.D. Ill.).
  • Investigated and litigated cases alleging the deceptive design and sale of computer software. See Gross v. Symantec Corp., et al., No. 12-cv-00154 (N.D. Cal.); Rottner v. AVG Technologies CZ, s.r.o., et al., No. 12-cv-10920 (D. Mass.); Beaton v. SpeedyPC Software, No. 13-cv-08389 (N.D. Ill.); Hall v. TuneUp Corporation, No. 13-cv-01804 (N.D. Ill.); Yencha v. ZeoBIT LLC, No. 14-cv-00578 (W. Penn.).

 

Representative General Class and Mass Actions

  • Oversees investigations that led to hundreds of lawsuits brought against the NCAA, its conferences and member institutions alleging personal injury claims on behalf of college football players resulting from repeated concussive and sub-concussive hits. In re: National Collegiate Athletic Association Single School/Single Sport Concussion Litig., No. 16-cv-8727, MDL No. 2492 (N.D. Ill.).
  • Part of a team investigating thousands of consumer fraud claims against gambling companies for allegedly profiting off of illegal internet casinos. See, e.g., Benson v. Double Down Interactive, LLC, No. 18-cv-00525, 2018 WL 5921062 (W.D. Wash. Nov. 13, 2018); Wilson v. Huuuge, Inc., No. 3:18-cv-05276, 2018 WL 5921019 (W.D. Wash. Nov. 13, 2018); and Kater v. Churchill Downs Downs Inc., No. 15-cv-00612, 2018 WL 5734656 (W.D. Wash. Nov. 13, 2018); Fife v. Sci. Games Corp., No. 18-cv-00565, 2018 WL 6620485 (W.D. Wash. Dec. 18, 2018), Wilson v. PTT, LLC, No. 18-cv-05275, 2018 WL 6591621 (W.D. Wash. Dec. 14, 2018) and Wilson v. Playtika, Ltd., No. 18-cv-05277, 2018 WL 6065658 (W.D. Wash. Nov. 20, 2018).
  • Part of team bringing actions on behalf of numerous victims of the Northern California Camp Fire, allegedly caused by utility company Pacific Gas & Electric. See,g., Burnett et al v. PG&E Corp et al., No. CGC-18-571849 (S.F. Sup. Dec. 5, 2018).

 

Teaching and Public Speaking 

  • Adjunct Professor of Law, Cyber Fraud and Privacy Class Actions. Chicago-Kent College of Law, 2017.
  • David has also been asked to speak to a wide range of audiences about his investigations and practice.

 

Admissions

  • Supreme Court of Illinois
  • United States District Court for the Northern District of Illinois
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the District of Colorado
  • United States District Court for the District of New Mexico

 

Miscellaneous

David attended the James Madison College at Michigan State University and graduated cum laude from the Chicago-Kent College of Law.

While in law school, David was a research assistant for University of Chicago Law School Kauffman and Bigelow Fellow, Matthew Tokson, and for the predominate cyber-security professor, Hank Perritt at the Chicago-Kent College of Law. David’s research included cyberattack and denial of service vulnerabilities of the Internet, intellectual property rights, and privacy-related issues.

Prior to joining Edelson PC, David co-founded several tech, real estate, and hospitality-related ventures, including a tech startup that was acquired by a well-known international corporation within its first three years.

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