DAVID I. MINDELL is a Partner at Edelson PC and Co-Chair of the firm’s Public Client and Government Affairs group, where he represents state Attorneys General, counties, and cities in high-stakes litigation and investigations involving consumer protection, information security and privacy violations, the opioid crisis, the environment, and other areas of enforcement that protect government interests and vulnerable communities. David also counsels governments and state and federal lawmakers on a range of policy issues involving consumer protection, privacy, technology, and data security.
In addition to his Public Client and Government Affairs practice, David helps direct the firm’s Investigations team, including “a group of internal lab of computer forensic engineers and tech-savvy lawyers [who study] fraudulent software and hardware, undisclosed tracking of online consumer activity and illegal data retention.” Cybersecurity & Privacy Practice Group of the Year, Law360 (Jan. 2019). His team’s research has led to lawsuits involving the fraudulent development, marketing and sale of computer software, unlawful tracking of consumers through mobile-devices and computers, unlawful collection, storage, and dissemination of consumer data, mobile-device privacy violations, large-scale data breaches, unlawful collection and use of biometric information, unlawful collection and use of genetic information, and the Bitcoin industry.
David also helps oversee the firm’s class and mass action investigations, including claims against helmet manufacturers and the National Collegiate Athletic Association by thousands of former high school, college, and professional 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 the Camp Fire that ravaged thousands of acres of Northern California in November 2018; and on behalf of survivors of sexual abuse.
Representative Public Client Matters
- Representing the State of Idaho in claims against manufacturers and distributors of prescription opioids. See, e.g., State of Idaho v. Purdue Pharma L.P., et al., No. CV01-19-10061 (Cir. Ct. Ada Cty.).
- 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. State of New Mexico, rel. Hector Balderas v. Google, LLC, No. 1:20-cv-00143 (D.N.M).
- Representing an Attorney General in litigation against an industry giant for predatory and deceptive marketing tactics.
- Representing the City of Chicago and Cook County State’s Attorney in their consolidated data breach/failure to notify lawsuit against Uber Technologies. See City of Chicago and People of the State of Illinois, ex rel. Kimberly M. Foxx, State’s Attorney of Cook County, Illinois v. Uber Technologies, Inc., No. 17-CH-15594 (Cir. Ct. Cook Cty, Ill.).
- Representing the Cook County State’s Attorney in an enforcement action against Facebook and Cambridge Analytica-affiliated companies for the breach of personal information to Cambridge Analytica and others. See People of the State of Illinois, ex rel. Kimberly M. Foxx, State’s Attorney of Cook County, Ill. v. Facebook, Inc., et al., 18-cv-02667 (N.D. Ill.).
- Representing the City of Chicago in the Equifax and Marriott data breach litigations.
- 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.).
- Counsel in precedent-setting lawsuits that have shaped the legal landscape in privacy and data breach-related litigation. See Resnick, et al. v. AvMed, Inc., No. 10-cv-24513 (S.D. Fla.) (precedent-setting data breach litigation); In re LinkedIn User Privacy Litig., No. 12-cv-3088 (N.D. Cal.) (same); Harris, et al. v. comScore, Inc., No. 11-cv-5807 (N.D. Ill.) (certified class action accusing Internet analytics company of improper data collection practices).
- Research resulted in lawsuits against well-known tech companies for allegedly defrauding consumers into paying for products or services without authorization. See Atanasov v. GoLive! Mobile, LLC, et al., No. 2013-CH-08460 (Cir. Ct. Cook Cnty, Ill.) (Plaintiff claimed that mobile ad network exploited users by leveraging its technology to engineer deceptive advertisements); Burton v. iYogi, Inc., No. 13-cv-06926 (S.D.N.Y.) (Plaintiff alleged that iYogi’s computer support services tricked consumers into purchasing subscriptions).
- Research has also led to cases against tech companies alleging violations of the Telephone Consumer Protection Act. See Sterk v. Path, Inc., No. 13-cv-02330 (N.D. Ill.); Goodman, et al. v. Hangtime, Inc., No. 14-cv-01022 (N.D. Ill.); Coffman v. Glide Talk, Ltd., No. 13-cv-05190 (N.D. Ill.).
- Investigations led to lawsuits under Michigan’s Preservation of Personal Privacy Act, alleging unlawful disclosure of magazine subscribers’ personal information. See Perlin v. Time Inc., No. 1-16-cv-10635 (E.D. Mich.); Raden, et al. v. Martha Stewart Living Omnimedia, Inc., et al., No. 4:16-cv-12808 (E.D. Mich.).
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 investigating hundreds of personal injury claims against football helmet manufacturers. See Adams, et al. v. BRG Sports, Inc., No. 17-cv-08544 (N.D. Ill.).
- Representing Houston-area homeowners in litigation against the United States seeking recovery for alleged constitutional takings of their properties in the wake of Hurricane Harvey. See, e.g., Bouzerand v. United States, No. 1:17-cv-01195-VJW (Ct. Fed. Claims).
- 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).
- Part of team who investigated and then filed first-of-its-kind class action against nationally recognized volleyball training club and its co-owners, alleging fraud claims arising from defendants’ alleged failure to disclose rape and sexual abuse of underage women committed by company principal. See Mullen v. GLV, Inc., et al., No. 18-cv-1465 (N.D. Ill.).
Representative Corporate Consulting
- Advise tech companies on a variety of legal and strategic business-related issues, including how to handle and protect consumer data.
- Consult with startups on a host of issues, including formation of business plans and corporate entities.
- Consulted with a healthcare startup, including help with product development and launch.
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.
- 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
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.Read More