Experience
Counsel to Expert Witness in Multistate Data Breach Settlement
Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.
Secured Motion to Dismiss in Illinois Consumer Fraud and Deceptive Business Practices Act Case
Secured motion to dismiss with prejudice in Cook County Chancery Court for the client, a pharmaceutical company, in an action brought by the Illinois Attorney General against various manufacturers and distributors. The plaintiff alleged that the defendants had created a public nuisance and violated the Illinois Consumer Fraud and Deceptive Business Practices Act, and that the distributors had failed to properly examine and report suspicious orders of opioid medications.
Representation of Center for Independent Living in Investigation by Maine Attorney General
Represented center for independent living in connection with investigation by Maine Attorney General (Healthcare Crimes Unit, the designated Medicaid Fraud Control Unit for the State of Maine) into potential fraudulent activities involving attendant care services.
Favorable Resolution in Consumer Protection Lawsuit Seeking Multimillion-Dollar Damages
Obtained favorable resolution of a broad-ranging Illinois Consumer Protection Act lawsuit seeking tens of millions of dollars in damages filed by the Illinois Attorney General against a multi-campus private school.
Represented Highly Controversial Artist in Investigation Conducted by Multiple State Attorneys General
Represented highly controversial artist in multi-state investigation into alleged false statements made to government officials. The investigation was closed without the filing of any criminal charges.
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the State’s relief to $3 million, which was reversed and remanded by the Court of Appeals.
Defeat of 21 Injunctions Against Private University
Defeated a request by the Colorado attorney general for 21 separate injunctions sought against a private university. After a five-day preliminary injunction proceeding, the court rejected each of the state’s requests finding they had no reasonable likelihood of success on the merits.
Successful Representation of Marijuana Law Client in Administrative Proceeding in Colorado
Successfully represented a client with a retail cultivation license in an administrative proceeding brought by the Colorado Attorney General’s Office and the Marijuana Enforcement Division. The client had been under a Summary Suspension and Rule to Show Cause Order for three months and was a few weeks from being evicted from his facility. We quickly secured a meeting with the government representatives and negotiate a resolution of the Show Cause that included no fine and minimal absence from the industry, which was the client’s primary objective.
Defense in Deceptive Marketing Campaign for Private School
Represented a private school in allegations brought by the Illinois attorney general claiming that their internet marketing campaign is inherently deceptive because of the search terms it bid on in its Google AdWords® account. Filed motions for summary judgment and obtained key concessions in depositions that negated the state’s theory.
Resolution for College in Consumer Protection Litigation
Represented client college in a consumer protection investigation and subsequent litigation brought by the Illinois attorney general. Following negotiations, the matter was resolved on favorable terms.
Reversed Trial Court Decision on Appeal for For-Profit College
Represented for-profit college system in a wide-ranging consumer protection investigation brought by the Colorado Attorney General. Convinced the Colorado Court of Appeals to reverse a trial court decision that would have prevented the college from disclosing graduate employment statistics in accordance with accreditation standards. This ensured the college could present data on par with other colleges and universities.
