Profile
Gregory E. Ostfeld is Vice Chair of the firm’s Pharmaceutical Medical Device & Health Care Litigation Practice and Co-Chair of the Chicago Litigation Practice. For more than two decades, Greg has focused on providing outstanding representation and exceptional service to clients in regulated industries, with a focus on pharmaceutical and medical device companies, the financial services sector, and the consumer products sector. Greg focuses his litigation and appellate practice on class actions, products liability, and other high-stakes litigation, combining innovative strategies with a deep understanding and appreciation of his clients’ business goals and objectives to deliver superior outcomes. Greg’s litigation practice is nationwide; he has handled individual, multi-district, and consolidated cases at the trial court level in dozens of states, and has led appeals in nearly every federal appellate court and approximately two dozen state appellate courts. The pillars of Greg’s practice are: understanding the client’s business; frequent and consistent communication and collaboration; tailoring legal strategy to client objectives; and principled representation meeting the highest standards of professionalism.
Greg is a committed believer in Justice Learned Hand’s maxim, “Thou shalt not ration justice.” As the immediate past pro bono coordinator for the Chicago office, Greg strives to lead by example. He has represented dozens of indigent clients in cases involving discrimination, victim advocacy, prisoner rights, and civil rights, and has written and filed amicus briefs on behalf of dozens of major bar associations and public interest organizations in the U.S. Supreme Court, numerous federal appeals courts, and state courts around the country. His efforts as pro bono coordinator fostered a culture of commitment to service, and succeeded in elevating the office’s pro bono hours by several multiples during his nine-year tenure. As co-chair of the litigation practice, Greg has also been instrumental in promoting and applying standards of diversity and inclusion in hiring, retention, and promotion.
Greg is a proven advocate at the trial and appellate levels, with numerous bench and jury trials and arbitrations and scores of appellate oral arguments to his credit. Though his successful approach over hundreds of cases has brought him recognition from ratings and rankings organizations, Greg’s most important measure of success is the trust his clients have continued to place in him, case after case, year after year, in close-knit relationships.
Concentrations
- Products liability and mass tort litigation
- Class action litigation
- Pharmaceutical litigation
- Medical devices litigation
- Consumer fraud litigation
- Financial services litigation
- Appeals
主要执业方向
主要执业经验
- Represented a group of major pharmaceutical companies in a series of multi-state consumer fraud class actions filed in federal courts around the country, asserting unfair practices in connection with the design of the containers for the defendants’ prescription eye drop products. Successfully argued and secured dismissal of plaintiffs’ claims before the First Circuit and Seventh Circuit, in decisions named among the top ten drug and medical device rulings of 2017 and 2018. Following these successful appeals, plaintiffs voluntarily dismissed all remaining lawsuits nationwide.
- Represent a major national pharmaceutical and medical device company in its entire nationwide portfolio of products liability and class actions, as well as commercial and real estate litigation.
- Represent a major national bank in multiple class actions, including actions alleging violations of the Electronic Funds Transfer Act, negligence in the bank’s design and monitoring of its mobile check capture deposit system, and reordering of debit card transactions to collect excessive overdraft fees.
- Represent a major generic pharmaceutical manufacturer in numerous ongoing multi-district product liability litigations and individual product liability cases, class actions, and state and municipal lawsuits.
- Represent a major manufacturer of regulated consumer products in arbitration and multiple state appeals, including in Florida, Minnesota, Mississippi, New Mexico, and Ohio, arising out of a multi-state master settlement agreement, including arbitration of amounts owed under the settlement agreement, 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 major manufacturer of brand and generic pharmaceuticals in multiple class actions, product liability suits, and commercial litigation involving marketing royalties.
- Represent a major national university and its current and former employees in multiple high-stakes tort suits, including a high-profile lawsuit drawing national media attention alleging civil rights violations and negligence in connection with the abduction and murder of a visiting foreign student, and the alleged practices of university counselors in connection with the perpetrator’s psychological care and treatment. The case was dismissed with prejudice.
- Represent a major medical device manufacturer in several multi-district litigations, remand cases, and individual lawsuits involving claims of permanent personal injury.
- Represent a major manufacturer of generic pharmaceuticals in a multi-district litigation involving both individual claims and class actions, as well as individual product liability lawsuits.
- Represent a major medical device manufacturer in multiple product liability lawsuits involving high-stakes claims alleging significant personal injury.
- Represent two pharmaceutical companies in a series of high-stakes Telephone Consumer Protection Act cases filed in federal courts in Florida, Illinois, Michigan, and Ohio, with multiple successful favorable settlements.
- Represented 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.
- Represented a not-for-profit in a Telephone Consumer Protection Act case raising constitutional questions regarding First Amendment protection of political, non-commercial communications.
- Represented a leading national provider of veterinary services in an appeal to the Ninth Circuit challenging the validity of its contractual and franchising practices.
- Represented the landlord/owner of multi-unit residential apartment complex in Arlington Heights, Illinois against class action by lessees challenging nonpayment of interest on security depositions and return of security deposits, as well as billing practices of utility and trash removal, which resulted in favorable settlement of the class action.
- Represented the officers of a film production company in a successful appeal affirming the dismissal of claims alleging fraud, fraudulent inducement, and negligent misrepresentation in connection with the structure and alleged promotion of film investment opportunities.
- Represented a restaurant franchise company in an appeal to the Eighth Circuit of a ruling denying enforcement of an arbitration agreement.
- Represented 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.
- Represented 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.
- Represented 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 real estate developer in an eminent domain appeal to the Tennessee appellate court in an appeal involving fair market value for property taken as part of a municipal conference center project.
- 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.
- 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 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.
荣誉和领导力
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Named, Client Service All-Star, BTI Client Service All-Stars Report, 2020, 2022-2023
- Listed, The Legal 500 United States, 2013 and 2017-2023
- Product Liability, Mass Tort and Class Action - Defense: Pharmaceuticals and Medical Devices, 2021-2023
- "Recommended Lawyer," 2022-2023
- Product Liability, Mass Tort and Class Action - Defense: Consumer Products (Including Tobacco), 2022
- "Other Key Lawyer," 2022
- General Commercial Disputes, 2021
- Product Liability, Mass Tort and Class Action - Defense: Pharmaceuticals and Medical Devices, 2021-2023
- Listed, The Best Lawyers in America, Appellate Practice, 2019-2024
- Listed, Crain’s Chicago Business
- “Notable Litigators & Trial Attorneys,” 2023
- “Notable Gen X Leaders in Law,” 2022
- Listed, Super Lawyers magazine, Illinois Super Lawyers, 2020-2024
- "Rising Stars," 2009-2011 and 2013
- Listed, Leading Lawyers Network, 2019-2024
- Recipient, United States District Court for the Northern District of Illinois, "Excellence in Pro Bono and Public Interest Service Award," 2021
- Team Member, The American Lawyer’s “Products Liability Litigation Department of the Year,” 2018
- Team Member, a Law360 "Appellate Practice Group of the Year," 2010
- Recipient, Greenberg Traurig "Outstanding Pro Bono Service Award," 2009 (individual) and 2019 (pro bono team)
- Recipient, "Crown of a Good Name Award," Congregation Kol Ami, June 30, 2006
- Board Member and Member of the Legal Committee, American Jewish Committee
- Special Advisor to the Board, Chicago Metropolitan Sports Association
- Member, Lawyers for Civil Justice
- Member, Chicago Bar Association
- Member, Lesbian and Gay Bar Association of Chicago
- Former Board Member and Former Member of the Civil Rights Executive Committee, Anti-Defamation League
- Former Board Member and Former Treasurer, Depression and Bipolar Support Alliance
- Past President, Congregation Kol Ami, Chicago
资历
教育
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J.D., with honors, University of Chicago Law School
- Production/Managing Editor, The University of Chicago Law Review
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B.A., summa cum laude, The George Washington University
- Phi Beta Kappa
Clerkships
- U.S. Court of Appeals for the Fifth Circuit, 1998
获准执业地区
- 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 First Circuit
- U.S. Court of Appeals for the Second 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 Eighth Circuit
- 美国联邦第九巡回上诉法院
- 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 Missouri
- 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
- U.S. District Court for the Western District of New York
News, Insights & Events
Gregory is a contributor to the Consumer Products Counselor Blog 