EVE-LYNN RAPP is a Partner at Edelson PC and Co-Chair of Edelson’s Public Client team, where she focuses her practice on a wide range of consumer protection and privacy class and mass actions, as well as government enforcement litigation, including matters on behalf of various Attorneys General and municipalities and counties across the country. Eve has been appointed class counsel or led the litigation efforts in dozens of matters and has recovered or secured judgments of over a billion dollars for her clients. She is also leading her firm’s efforts to investigate and pursue claims against various entities—including the Boy Scouts of America—on behalf of sexually abused victims in the wake of nationwide statutory reform efforts.
Representative Public Client Cases:
- Represents labor unions and over two dozen governments from throughout the country—including a State Attorney General—in lawsuits against drug manufacturers and distributors over the opioid crisis. See, e.g., City of Harvey, et al. v. Purdue Pharma L.P., No. 2018-CH-09020 (Cir. Ct. Cook Cty., Ill.); Int’l Union of Operating Eng’rs, Local 150, et al. v. Purdue Pharma L.P., et al., No. 2019-CH-01548 (Cir. Ct. Cook Cty., Ill.).
- Represents 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. (“COPPA”), and various state laws, by collecting data from New Mexico school children under the age of 13 through its G-Suite for Education products and services. State of New Mexico ex rel. Hector Balderas v. Google LLC, No. 1:20-cv-00143 (D. N.M.).
- Part of the team representing the People of the State of Illinois, by and through the State’s Attorney of Lake County, in one of the first government regulator cases against e-cigarette company Juul for its predatory and deceptive marketing tactics. People of the State of Ill., ex. rel. Lake County, Ill. v. Juul Labs, Inc., No. 19 L 00000571 (Cir. Ct. Cook Cnty., Ill.).
- Represents the City of Chicago in the Equifax data breach litigation. In re Equifax, Inc., Customer Data Security Breach Litigation, MDL No. 2800 (N.D. Ga.).
- Part of the team leading the litigation on behalf of the City of Chicago in the Marriott data breach litigation, which seeks to hold the hotel giant accountable for a massive data breach where attackers stole the personal date of up to 383 million guests—including over 5 million unencrypted passport numbers. In re Marriott International, Inc., Customer Data Security Breach Litigation, MDL 2879 (D. Md.).
- Designated Panel Member of Delaware’s Department of Justice’s Environmental Counsel Panel.
Representative Data Security & Privacy Cases:
- Helped lead approximately 40 TCPA class actions, including Wakefield ViSalus, Inc., No. 15- cv-01857, Hon. Michael H. Simon (D. Or.), where as Class Counsel she led and coordinated Edelson’s litigation efforts, achieved certification of an adversarial TCPA class, and paved the way to a $925 million jury verdict. She also led Edelson’s efforts in Birchmeier v. Caribbean Cruise Line, Inc. et al., No. 12-cv-04069 (N.D. Ill.), where, after obtaining class certification and partial summary judgment, she secured a $76 million settlement — the largest ever for a TCPA case. The Parties reached a deal in that case four days before trial.
- Lead counsel in one of the few “Do Not Call” TCPA cases to settle, resulting in a multi-million dollar settlement and affording class members with as much as $5,000 Kran v. Hearst Communications, Inc., No. 15-cv-02058 (D. Minn.). She has also prosecuted TCPA cases on an individual basis in arbitrations, winning multiple six-figure settlements.
- Led and obtained a $5 million (CAD) settlement that afforded individual class members over $100 in relief in one of the first “Internet of Things” cases under the Federal Wire Tap Act against a company collecting highly sensitive personal information from consumers. P. et al. v. Standard Innovations Corp., No. 16-cv-8655 (N.D. Ill.).
Representative Class, Mass, and Collective Actions:
- Led and resolved a case against a well-known national fitness facility for misrepresenting its “lifetime memberships,” resulting in over $25 million dollars of relief to the class. In re 24Hour Prepaid Membership Fitness Litig., No. 4:16-cv-01668 (N.D. Cal.).
- Part of the team representing survivors of institutional and other sexual abuse crimes.
- Counsel in concussion litigation involving 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.).
- Appointed Class Counsel in Mullen v. GLV, Inc., et al., No. 18-cv-1465 (N.D. Ill.) a 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. Defeated motion to dismiss and obtained class certification.
- Part of the team litigating a series of lawsuits against various companies in the online casino industry that have caused hundreds of millions of dollars in damages to consumers across the country. After the Ninth Circuit’s order reversing dismissal in one these actions, defeated numerous motions to dismiss and motions to compel arbitration. See, e.g., Kater v. Churchill Downs Inc., 886 F.3d 784 (9th Cir. 2018).
- Successfully led a number of employment class actions involving claims of overtime, recently reaching a settlement against a cellular tower company which netted class members between $10,000 and $20,000 per person.
Professional Affiliations, Activities, and Achievements:
- From 2015-2019, Eve was selected as an Illinois Emerging Lawyer by Leading Lawyers.
- Chair of the San Francisco Bar Association’s Cybersecurity and Privacy Section and an active member of the California Lawyers Association Privacy Subcommittee.
- Board Member of the Law Firm Antiracism Alliance, a coalition of more than 240 law firms that team up with organizations to amplify voices of communities impacted by systemic racism, promote racial equality in the law, and support the use of law that benefits communities of color.
- Eve has also devoted a significant amount of time to the Chicago Lawyers’ Committee for Civil Rights Under Law’s Settlement Assistance Project where she represented a number of pro bono clients for settlement purposes.
- Chair, Bar Association of San Francisco Cybersecurity and Privacy Law Conference (Nov. 12, 2020)
- Panelist, Law Seminars Litigating Class Action Conference: “Privacy Class Actions” (Nov. 12, 2020)
- Panelist, NetDiligence(R) Cyber Risk Summit Santa Monica: “Litigation Update” (Oct. 5, 2020)
- Chair, Bar Association of San Francisco Cybersecurity and Privacy Law Conference (Oct. 12, 2019)
- Moderator, Bar Association of San Francisco Cybersecurity and Privacy Law Conference: “Federal and Foreign Enforcement, Legislation, and Litigation” (Oct. 12, 2019).
- Panelist, NetDiligence(R) Cyber Risk Summit Santa Monica: “Litigation Update.” (Oct. 16, 2019).
- Panelist, Conference on Consumer Finance Law: “Litigation and Compliance Developments After FCC’s TCPA Ruling” (May 15, 2017).
- Panelist, NetDiligence(R) Cyber Risk & Privacy Litigation Forum—West Coast: “State of Litigation.” (Oct. 18, 2016).
- Panelist, ACI’s Data Breach & Privacy Litigation and Enforcement (Mar. 17, 2016).
- Panelist, Federal Bar Association, Chicago Chapter: Hot Topics and Trends in Commercial Class Actions (Feb. 23, 2016).
- Supreme Court of Illinois
- United States Court of Appeals for the Seventh Circuit
- 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
Eve received her J.D. from Loyola University of Chicago-School of Law, graduating cum laude, with a Certificate in Trial Advocacy. During law school, she was an Associate Editor of Loyola’s International Law Review and externed as a “711” at both the Cook County State’s Attorney’s Office and for Cook County Commissioner Larry Suffredin. Eve also clerked for both civil and criminal judges (the Honorable Judge Yvonne Lewis and the Honorable Plummer Lott) in the Supreme Court of New York. Eve graduated from the University of Colorado, Boulder, with distinction and Phi Beta Kappa honors, receiving a B.A. in Political Science.