Gregory E. Ostfeld

Experience: Representative Matters: National coordinating counsel for a significant financial service company in a series of class actions and mass arbitrations filed in federal courts around the country and before the American Arbitration Association, including as lead trial counsel in multiple bellwether arbitrations. Plaintiffs' and claimants' claims assert federal and state wiretap violations, invasion of privacy, unjust enrichment, and other common law claims arising out of the alleged use of online tracking technologies to transmit private customer information to third-party advertising providers.; Represent a large regional medical provider in a federal multi-state class action asserting federal wiretap and state common law claims arising out of the alleged use of online tracking pixels purportedly to transmit personally identifiable information and private health information to third-party pixel providers.; Represent a major national pharmaceutical and medical device company in its entire nationwide portfolio of class actions and products liability cases, including a class action under the Illinois Biometric Information Privacy Act arising out of the company's online virtual try-on software for colored contact lenses, a consumer protection class action involving the labeling of over-the-counter eye drop products, and a consumer protection class action involving the recall of one lot of over-the-counter eye drop products.; Represent a national cosmetics company in the defense of multiple class actions under the Illinois Biometric Information Privacy Act, asserting that the company's online virtual try-on applications allegedly violate users' biometric privacy rights by using facial geometry as part of the virtual try-on algorithms. Successfully argued motions to dismiss in multiple cases.; Represent a car manufacturer in the defense of a class action under the Illinois Biometric Information Privacy Act, asserting that a vehicle safety feature monitoring driver attentiveness violates the biometric statute by measuring users' eye movements to evaluate driver attentiveness. Successfully secured dismissal of the lawsuit with prejudice based on plaintiff's failure to allege that the data ever left plaintiff's vehicle.; Represent a pharmacy chain in the defense of a putative statewide class action under the Pennsylvania wiretap statute alleging that the use of tracking technologies on the company's website shares private user information with third-party advertising partners.; Represent a major generic pharmaceutical manufacturer in numerous ongoing economic loss class actions, multi-district product liability litigations, and individual product liability cases. Successfully participated in Rule 702 hearings resulting in the admission of defendants' damages experts and the exclusion of plaintiffs' damages expert in a multi-state economic loss class action weeks before trial, resulting in the postponement of the trial and renewed summary judgment briefing.; Represent a national medical device manufacturer in connection with multiple statewide medical monitoring class actions arising out of alleged health risks related to the emission of ethylene oxide used in sterilization of life-saving medical devices.; Represent a leading national wholesale mortgage company in the defense of multiple class action antitrust suits alleging a coordinated boycott of a competitor's wholesale mortgage products. Successfully secured multiple rounds of dismissal at the magistrate judge and district court levels, followed by affirmative of the final dismissal order by the Eleventh Circuit.; Represent a leading manufacturer of medical devices in connection with claims of mislabeling of pulse oximeter devices, raising novel issues regarding the design, testing, and labeling of medical devices that are allegedly less accurate based on skin pigmentation.; Represented a health care facility in connection with post-trial motion practice and appeal of one of the largest single-plaintiff verdicts for compensatory emotional distress damages and punitive damages in Illinois history. Successfully argued for remitted verdict, resulting in reduction of jury's punitive damages verdict by more than $350 million.; Represent a large generic drug manufacturer in the defense of coordinated state court personal injury claims asserting injuries arising out of a recalled generic heartburn medication based on allegations that the product degraded and formed nitrosamine impurities. Co-led a joint defense group of generic manufacturers that successfully secured dismissal of all claims on preemption grounds, followed by a lead role in successfully opposing the appeal of the preemption ruling to the Illinois appellate court and to the Illinois Supreme Court.; Represent a major manufacturer of regulated consumer products in arbitration and multiple state appeals 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.; Represented 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.; Represented multiple universities in the defense of class action breach of warranty, consumer protection, and civil rights lawsuits arising out of the COVID-19 pandemic, the closure of on-campus activities, the transition to online learning, and vaccine policies for return-to-school protocols. Successfully secured dismissal of multiple lawsuits, including the successful appeal of a class certification ruling that resulted in remand and a subsequent summary judgment ruling in favor of the defendant university, and the successful dismissal of a section 1983 lawsuit and affirmance on appeal to the Seventh Circuit.; 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.; Represented 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 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 a successful appeal to the Ninth Circuit challenging the validity of its contractual and franchising practices.; Multiple representations of the landlord/owner of multi-unit residential apartment complexes across the United States in class actions challenging clients' practices with respect to security deposits and billing practices.; 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 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 a national bank in a series of nationwide class actions alleging claims on behalf of borrowers and advisers arising out of the Paycheck Protection Program. Successfully secured dismissal of multiple lawsuits and compelled others into arbitration.; 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 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 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. Obtained a jury verdict of approximately $4.5 million.