Brett M. Doran

Brett M. Doran

Shareholder

Brett M. Doran concentrates his practice on commercial litigation, with a focus on consumer class actions, data breach and privacy litigation, financial services and securities litigation. He also represents clients in internal and SEC investigations, government contract bid protests, and labor and employment litigation. As a member of the firm’s national eDiscovery and eRetention Practice Group, Brett assists clients on data retention, litigation preparedness and electronic discovery.

Concentrations

  • Consumer class actions
  • Data breach and privacy litigation
  • Financial services litigation
  • Commercial and business litigation
  • Electronic discovery and data retention
  • Corporate internal and SEC investigations

Capabilities

Experience

  • Represent mortgage lending company in a putative class action pending in the Eastern District of Michigan brought on behalf of loan applicants alleging contract and tort claims in connection with data breach incidents perpetrated by a group of cyber-criminals who were subsequently arrested.
  • Represent insurance carrier in a putative class action in the Northern District of Illinois alleging various claims in connection with an alleged data security breach in which certain personal identifying information of the purported class members was publicly available for a 16-month period. The Court granted our motion to dismiss with prejudice on eight of the ten counts in the original complaint. Plaintiff subsequently brought an amended complaint asserting a single claim for breach of contract based on a privacy statement provided to new enrollees. We defeated plaintiff’s motion for class certification then prevailed on summary judgment on plaintiff’s individual claims.
  • Represent a direct-to-consumer provider of insurance products in a putative class action lawsuit in the Northern District of Illinois alleging violations of the Telephone Consumer Protection Act (TCPA) in connection with a third-party lead provider’s marketing practices. Plaintiff voluntarily dismissed our client from the lawsuit following our filing of a motion to dismiss.
  • Represent business management company in a putative class action lawsuit in the Southern District of Illinois alleging violations of the TCPA in connection with fax advertisements. We negotiated a favorable class settlement that is pending final approval from the Court.
  • Represent multinational technology company in two putative class action lawsuits in the Northern District of Illinois alleging TCPA violations in connection with the company’s use of an automatic telephone dialing system to send unsolicited text messages to plaintiffs’ cellular telephones. In opposing the plaintiffs’ motion for class certification, we successfully defeated one of the lawsuits and substantially limited the class in the other.
  • Represented tax preparation software provider in a putative class action in the Northern District of Illinois alleging various claims in connection with an alleged data security breach involving customer personally identifying information and related filing of fraudulent tax returns. Plaintiff voluntarily dismissed the lawsuit after we moved to compel arbitration.
  • Represented an Illinois fire equipment and apparatus manufacturer and distributor in a lawsuit in the Northern District of Illinois brought by a Saudi Arabian company, alleging fraud and violations of the Illinois Consumer Fraud Act.
  • Represented developer and marketer of lifelong learning media in a putative class action in the Southern District of Ohio alleging violations of state consumer protection statutes for the purported unlawful marketing and advertising of its products. We defeated the class lawsuit on motion to dismiss and successfully opposed plaintiff’s attempt to revive the lawsuit by amending the complaint. We subsequently settled the individual plaintiff’s claim for a nominal amount and the lawsuit was dismissed with prejudice.
  • Represent consumer products manufacturer and retailer in a putative class action in the Circuit Court of Cook County, Illinois asserting the violation of the Fair and Accurate Transaction Act (FACTA) in connection with the alleged printing of credit card expiration dates on consumer receipts. Plaintiff, on behalf of the putative class, sought statutory damages for a willful disregard of the Act. We reached a class settlement following our opposition to the Plaintiff’s motion for class certification. The settlement is pending final approval from the Court.
  • Represented pet hospital in a putative class action in the Northern District of Illinois, in which plaintiffs allege the use of deception and misrepresentations in the marketing, labeling, and selling of “prescription” pet food at above-market prices. After we moved to dismiss the complaint, plaintiffs voluntarily dismissed their claims against our clients.
  • Represented a national proprietor of a chain of pharmacy stores in a putative class action pending in the Northern District of Illinois. Plaintiff alleged that Defendant filled prescriptions for Concerta, a medication approved to treat ADHD, with generic drugs that the FDA found were not therapeutically equivalent. The Court granted our motion to dismiss and entered judgment on behalf of the Defendants, concluding that Plaintiff failed to sufficiently allege that the generic drugs did not act in the same matter as Concerta or provide the minor Plaintiff with safe and effective treatment for his ADHD. The Court further concluded that Plaintiff lacked standing because he did not show any injury stemming from receiving the generic drug.
  • Represented chain of pharmacy stores in a putative class action in the Northern District of Illinois, in which plaintiff alleged defendants overcharged diabetic patients with excessive out-of-pocket fees for insulin pump supplies that would have otherwise been considered covered services by Medicare and subject to the Medicare reimbursement rates. On our motion, the Court dismissed the action and entered judgment in favor of the defendants. The Court concluded that plaintiff’s claims are inextricably intertwined with a claim under the Medicare Act, 42 U.S.C. § 1395 seq. As a result, the Court held that plaintiff could not pursue judicial relief because he had not exhausted the administrative remedies available to him.
  • Represent consumer products manufacturer and retailer in a putative class action in the Circuit Court of Cook County, Illinois asserting violations of the Illinois Wage Payment and Collection Act and the Illinois Day and Temporary Services Act. After we moved to dismiss the complaint and strike class allegations, we reached a favorable individual settlement with the Plaintiff and the lawsuit was dismissed with prejudice.
  • Represented financial services company and market maker in a putative class action lawsuit in the Northern District of Ohio brought by a group of plaintiffs alleging various market maker defendants sold unregistered shares of stock on the Over the Counter Bulletin Board. We prevailed on motion to dismiss.
  • Represent former officer of a futures trading fund management company in a lawsuit in the Northern District of Illinois brought by the court-appointed company receiver, alleging fraud and mismanagement.
  • Represented a loan funding corporation in contract breach and fraud lawsuit against underwriter who improperly originated and underwrote loans for client’s private student loan portfolio.
  • Represent various clients subject to SEC investigation in connection with alleged pump-and-dump trading schemes.
  • Represented financial services firm in state lawsuit and FINRA arbitration against former partner to enforce indemnification provisions of limited partnership agreement.
  • Represent broker‐dealer clients in FINRA arbitrations, including multiple matters relating to the sale of Lehman bonds and preferred stock as well as alleged mismanagement of investments.

Recognition & Leadership

  • Associate Board Member, Lawyers for the Creative Arts
  • Chicago Bar Association
    • Member, Judicial Evaluation Committee Investigative Division
  • Defense Research Institute (DRI)
    • Chair, Cybersecurity and Data Privacy Committee
  • Member, Ravinia Associates Board

Credentials

Education
  • J.D., University of Chicago Law School, 2005
    • Managing Editor, University of Chicago Law Review
    • Coordinator, Center for Comparative Constitutionalism
  • M.A., Rice University
  • B.A., Indiana University
    • Phi Beta Kappa
Admissions
  • Illinois
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois