ROGER PERLSTADT is a Partner at Edelson PC where his practice focuses on appeals and critical motions. He has briefed appeals and motions in numerous federal and state appellate courts, including the United States Supreme Court’s seminal case of Spokeo, Inc. v. Robins, and has argued multiple times before various United States Circuit Courts of Appeals.
Roger has also briefed complex issues at the trial court level in cases throughout the country. These cases generally involve matters of first impression relating to new statutes or novel uses of old statutes, as well as the intersection of privacy law and emerging technologies.
He clerked for the Honorable Elaine E. Bucklo of the United States District Court for the Northern District of Illinois, and was a Visiting Assistant Professor at the University of Florida Levin College of Law. He is well versed in legal issues affecting consumers, and is the author of several law review articles on the Federal Arbitration Act.
Representative Plaintiffs’ Class Actions:
- Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016): Co-wrote respondent’s brief and helped coordinate amici, resulting in favorable decision holding that intangible injuries can satisfy Article III standing requirements. On remand, the Ninth Circuit held that our client, who alleged publication of an inaccurate credit report about him, had standing to sue.
- Sosa v. Onfido, Inc., 8 F.4th 631 (7th Cir. 2021): Won affirmance of district court’s refusal to compel arbitration of biometric privacy case against facial recognition technology company.
- Wilson v. Huuuge, Inc., 944 F.3d 1212 (9th Cir. 2019), and Benson v. Double Down Interactive, LLC, No. 18-36015, 2020 WL 468422 (9th Cir. Jan. 29, 2020): Won affirmance of district court orders refusing to compel arbitration in mobile gambling app disputes. These decisions were the first in the Ninth Circuit to discuss the circumstances under which mobile app users will be bound by an app’s “browsewrap” terms of service.
- Kater v. Churchill Downs, Inc., 886 F.3d 784 (9th Cir. 2018): Won reversal of district court order dismissing claims under state gambling loss recovery statute. In a question of first impression, the court held that a mobile app casino game was illegal gambling under state law.
- Warciak v. Subway Restaurants, Inc., 880 F.3d 870 (7th Cir. 2018): Won reversal of district court order dismissing suit and compelling arbitration of spam text message marketing class action.
- Coulter-Owens v. Time Inc., 695 Fed. Appx. 117 (6th Cir. 2017): Obtained favorable rulings on Article III standing and retroactivity of amendments to Michigan privacy law.
- Mocek v. Allsaints USA Ltd., 220 F. Supp. 3d 910 (N.D. Ill. 2016): Won remand to state court and award of all attorneys’ fees incurred in federal court in credit card privacy case. In a precedent-setting opinion, the court rejected the defense bar strategy of removing class actions to federal court and then moving to dismiss for lack of standing.
- Sterk v. Path, Inc., 46 F. Supp. 3d 813 (N.D. Ill. 2014): Obtained summary judgment on key issue in spam text messaging class action, and successfully prevented interlocutory appeal.
- Kolinek v. Walgreen Co., No. 13 C 4806, 2014 WL 3056813 (N.D. Ill. July 7, 2014): Convinced federal district court judge on reconsideration to reverse self and vacate dismissal of telephone privacy class action, ultimately leading to multi-million dollar settlement.
Awards and Honors:
- Named a Rising Star by Illinois Super Lawyer Magazine multiple times.
- Visiting Assistant Professor, University of Florida Levin College of Law. Taught courses on Arbitration, Conflicts of Law, and Employment Discrimination (Fall 2011-Spring 2013).
- Article III Judicial Power and the Federal Arbitration Act, 62 Am. U. L. Rev. 201 (2012)
- Interlocutory Review of Litigation-Avoidance Claims: Insights from Appeals under the Federal Arbitration Act, 44 Akron L. Rev. 375 (2011)
- Timing of Institutional Bias Challenges to Arbitration, 69 U. Chi. L. Rev. 1983 (2002)
- Learning the Limits (And Irony) of Spokeo, Law360, Dec. 12, 2016 (with Jay Edelson)
- United States Supreme Court
- United States Courts of Appeals for the First, Second, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits
- United States District Courts for the Northern District of Illinois, the Eastern District of Michigan, and the Eastern District of Wisconsin