Gregory E. Ostfeld

Gregory E. Ostfeld

Shareholder

Gregory E. Ostfeld is Co-Chair of the Chicago Litigation Practice and focuses his litigation and appellate practice on consumer protection litigation, class action defense, financial services litigation, and high-stakes commercial and tort litigation. He has represented a wide range of corporations and individuals, including Fortune 500 and Fortune 100 companies, in federal and state court and national and international arbitration panels.

Greg has led numerous appeals before the United States Courts of Appeals for the Third, Fifth, Seventh, Ninth, Tenth, Eleventh, and District of Columbia Circuits, the Delaware, Illinois, Indiana, Georgia, Mississippi, Missouri, Virginia, and Wisconsin Supreme Courts, and the appellate courts of Arizona, California, Georgia, Illinois, Indiana, New Mexico, New York, Ohio, and Tennessee, as well as multiple amicus briefs before the U.S. Supreme Court. These appeals range across different subject matters in the constitutional and commercial areas, with an emphasis on class action, federal preemption, products liability, and consumer fraud appeals.

A believer in giving back to the community, Greg is the pro bono shareholder for the Chicago office of Greenberg Traurig, and has an active pro bono practice. He has prepared and filed amicus briefs on behalf of more than a dozen major bar associations and interest organizations on a range of constitutional and statutory topics. He volunteers at a local legal aid clinic, and has represented numerous indigent clients in cases involving employment and housing discrimination, victim advocacy, prisoner rights, and other civil rights matters.

As a trial lawyer, Greg has tried numerous cases to verdict in federal and state courts and arbitration forums around the country, in both bench and jury trials. He also regularly disposes of cases prior to trial through motions to dismiss and motions for summary judgment. He is a member of the trial bar in the United States District Court for the Northern District of Illinois, and has a proven track record at the trial and appellate levels.

Concentrations

  • Class action litigation
  • Consumer fraud litigation
  • Financial services litigation
  • Appeals
  • Products liability and mass tort litigation
  • Pharmaceutical litigation
  • Medical devices litigation
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Capabilities

Experience

  • Authored an amicus brief to the U.S. Supreme Court in a landmark case relating to the balance of executive and congressional powers relating to the recognition of foreign nations, cited as being “of considerable assistance” in the majority opinion. Zivotofsky v. Kerry, 576 U.S. --- (2015).
  • Represent a bank in a fraud suit alleging more than $100 million in damages resulting from the sale of collateralized debt obligations, including multiple appeals before the New York appellate courts.
  • Represented an investment fund and its manager in a breach of fiduciary duty class action seeking $500 million in damages relating to alleged negligence in connection with a fund investment. Obtained dismissal with prejudice and prevailed on appeal before the Eleventh Circuit and on a referred issue to the Delaware Supreme Court.
  • Represent a manufacturer of consumer products in multiple state appeals, including in Mississippi, New Mexico, and Ohio, arising out of a multi-state master settlement agreement, including appeals challenging product seizures, appeals relating to amendments to the master settlement agreement, and appeals relating to payment adjustments under the settlement agreement.
  • Represent a manufacturer of prescription eye drops in a series of multi-state consumer protection class actions seeking hundreds of millions of dollars in damages for alleged unfair practices and consumer fraud in the design, packaging, marketing, and sale of eye drop dispensers, including appeals before the Third and Seventh Circuits.
  • Represent minority investors in a pharmaceutical company in an appeal to the Arizona appellate court relating to the fair value of the minority investors’ shares following cash-out transactions.
  • Represent a bank in a fraud suit alleging more than $160 million in damages resulting from the alleged fraudulent underwriting of a mortgage securitization transaction. Obtained dismissal with prejudice.
  • Represented a bank in a putative class action alleging negligence in the bank’s design and monitoring of its mobile check capture deposit system. Obtained dismissal with prejudice.
  • Represent a bank in a putative class action alleging reordering of debit card transactions to collect excessive overdraft fees.
  • Represent a manufacturer of heavy equipment in a putative class action lawsuit alleging misrepresentation of products’ design features and performance. Obtained partial dismissal of claims and settled remaining claims on an individual basis.
  • Represent several manufacturers of prescription drugs and medical devices in a series of putative nationwide class actions alleging violations of the Telephone Consumer Protection Act in connection with alleged facsimile marketing practices.
  • Represent a leading national provider of veterinary services in an appeal to the Ninth Circuit challenging the validity of its contractual and franchising practices.
  • Represent a real estate investment company in an appeal to the Tennessee appellate court relating to a land value appraisal.
  • Represent a manufacturer of consumer products in multi-state arbitration relating to payment adjustments under a master settlement agreement.
  • Represent a pharmaceutical manufacturer in products liability suits alleging negligent design, manufacture, and distribution of a prescription pain medication.
  • Represent a pharmaceutical manufacturer in multiple products liability suits around the country alleging negligence and fraud in connection with the manufacture and sale of a generic prescription antiarrhythmic medication.
  • Represent a manufacturer of medical devices in a federal diversity suit alleging claims for negligence and strict liability in the design, manufacture, and sale of a Class III medical device based on alleged violations of parallel federal law.
  • Represented appellant before the Illinois Supreme Court in a products liability suit on question of whether trial court and appellate court erroneously ruled that Illinois law rather than Michigan law would apply. Obtained a decision reversing the trial and appellate courts, which is now one of the leading Illinois authorities on conflicts of law in the Illinois courts. Townsend v. Sears, Roebuck and Co., 227 Ill.2d 147 (Ill. 2007).
  • Represented a major retailer before the United States Court of Appeals for the Fifth Circuit and the Mississippi Supreme Court in the appeal of a $4.5 million negligence verdict. The appeal included a challenge by the plaintiff to Mississippi’s statutory cap on non-economic damages, an issue considered by both the Mississippi Supreme Court and the Fifth Circuit, ultimately resulting in a decision affirming the constitutionality of the damages cap.
  • Represented a university in connection with a FOIA request by a major media outlet seeking personally identifying information and other student records that the university believed to be private and confidential under the Family Educational Right to Privacy Act. Obtained an appellate ruling reversing the district court order directing production of the requested records, and dismissing the case for lack of federal jurisdiction.
  • Represented a major retailer in a statewide class action consumer fraud lawsuit involving installation practices for refrigerator waterlines, seeking more than $10 million in damages. Obtained an appellate ruling reversing class certification, followed by settlement of the case.
  • Represented a direct-market retailer of consumer savings clubs in a breach of contract adversary proceeding in bankruptcy brought by a former marketer of its programs, seeking in excess of $12 million in damages. Obtained a verdict in favor of the retailer and an award of more than $200,000 in sanctions.
  • Represented minority shareholder in a dissenting shareholder case involving a major regional hotel chain. Obtained judgment at trial in excess of $18 million.
  • Represented victims of a fraudulent investment scheme involving an investment in an Argentine airline and several plans. Following trial, obtained a jury verdict of approximately $4.5 million.

Recognition & Leadership

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017
  • Listed, Super Lawyers magazine, Illinois Super Lawyers, "Rising Star," 2009-2011 and 2013
  • Listed, The Legal 500 United States, 2013 and 2017
  • Team Member, a Law360 "Appellate Practice Group of the Year," 2010
  • Recipient, Greenberg Traurig "Outstanding Pro Bono Service Award," 2009
  • Recipient, "Crown of a Good Name Award," Congregation Kol Ami, June 30, 2006
  • Board Member and Former Treasurer, Depression and Bipolar Support Alliance
  • Board Member and Member of the Civil Rights Executive Committee, Anti-Defamation League
  • Board Member and Member of the Legal Committee, American Jewish Committee
  • Special Advisor to the Board, Chicago Metropolitan Sports Association
  • Member, Chicago Bar Association
  • Member, Lesbian and Gay Bar Association of Chicago
  • Past President, Congregation Kol Ami, Chicago

Credentials

Education
  • J.D., with honors, University of Chicago Law School, 1998
    • Production/Managing Editor, The University of Chicago Law Review
  • B.A., summa cum laude, George Washington University
    • Phi Beta Kappa
Clerkships
  • Hon. W. Eugene Davis, U.S. Court of Appeals for the Fifth Circuit, 1998
Admissions
  • Illinois
  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Central District of Illinois
  • 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 Northern District of Indiana
  • U.S. District Court for the Southern District of Illinois