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Brett M. Doran

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA) and other federal and state laws.

Concentrations

  • Class actions
  • Data breach and privacy litigation
  • Biometric privacy law
  • Products liability
  • Commercial and business litigation
  • Electronic discovery and data retention
  • Securities investigations and enforcement

Kompetencje

Doświadczenie

  • Representing multiple clients, including manufacturing, retail, restaurant, and grocery stores, in putative class action lawsuits in state and federal courts brought by employees or former employees alleging violations of the Illinois Biometric Information Privacy Act (BIPA) in connection with the use of finger scan timekeeping systems.
  • Representing time and attendance technology provider in a putative class action lawsuit in the Northern District of Illinois brought by a former employee of a hotel client alleging violations of BIPA in connection with the use of finger scan time and attendance system used in multiple Illinois hotels.
  • Representing major retailer as settlement counsel in a putative class action lawsuit pending in state court alleging that defendant violated BIPA by having associates scan their handprints to retrieve and return cash register drawers, and by collecting and storing information based on those handprints scans, without providing the proper notice or consent as required by BIPA.
  • Represent facial recognition technology developer in connection with privacy and biometric laws, including in connection with federal and state court litigation.
  • Advise clients on biometric law compliance, data retention and destruction policies, and risk assessment.
  • Representing online trading education service in enforcement action brought by the Federal Trade Commission (FTC) in the District of Maryland alleging deceptive advertising and violations of the Restore Online Shoppers' Confidence Act (ROSCA).
  • Represented business management company in a putative class action lawsuit in the Southern District of Illinois alleging violations of the Telephone Consumer Protection Act (TCPA) in connection with fax advertisements. We negotiated a favorable class settlement.
  • Represented non-profit organization in a putative class action lawsuit in the Eastern District of Missouri alleging TCPA violations in connection with phone calls made in support of a Missouri state ballot initiative. We reached a favorable class settlement after lengthy mediation.
  • Represented a direct-to-consumer provider of insurance products in a putative class action lawsuit in the Northern District of Illinois alleging violations of the 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.
  • Represented mortgage lending company in a putative class action 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. We negotiated a favorable individual settlement.
  • Represented former CEO in three putative class actions in the Northern District of Illinois stemming from a data breach the company sustained. Two of the matters were transferred to an MDL pending in the Northern District of California. We prevailed on a motion to dismiss for lack of jurisdiction in the matter that had remained in the Northern District of Illinois.
  • Represented 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. We subsequently defeated plaintiff’s motion for class certification and then prevailed on summary judgment on plaintiff’s remaining claims.
  • 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.
  • Representing pharmacy clients in the national prescription opiate litigation pending in various state court actions throughout the United States.
  • Representing pet food supplier in putative class actions in multiple federal courts alleging mislabeling of pet food products as “grain free.”
  • Representing pet food supplier in a series of putative class actions in federal and state courts alleging its pet food brands were tainted with mercury, lead, and arsenic.
  • 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 subsequently settled the individual plaintiff’s claim for a nominal amount.
  • Represented 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. We reached a class settlement following our opposition to the Plaintiff’s motion for class certification.
  • Represented pet hospital in a putative class action in the Northern District of Illinois, in which plaintiffs alleged 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 proprietor of a chain of pharmacy stores in a putative class action in the Northern District of Illinois, alleging defendant filled prescriptions for Concerta, a medication approved to treat ADHD, with generic drugs. The Court granted our motion to dismiss, concluding Plaintiff failed to sufficiently allege that generic drugs did not act in the same manner as Concerta or provide plaintiff with safe and effective treatment.

Sukcesy i wyróżnienia

  • Vice Chair, Cybersecurity and Data Privacy Committee / Defense Research Institute (DRI)
  • Member, Sedona Conference Working Group on Biometric Privacy Laws
  • Member, Economic Club of Chicago
  • Member, Kohl Children’s Museum Development Board
  • Associate Board Member, Lawyers for the Creative Arts
  • Former Associate Board Member, Ravinia Festival

Kwalifikacje

Wykształcenie
  • 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
Posiadane uprawnienia
  • 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
Znajomość języków