Plaintiffs firms vie for lead counsel role in Clearview privacy MDL
2/24/21 REUTERS LEGAL 19:27:39
Copyright (c) 2021 Thomson Reuters
Sara Merken
REUTERS LEGAL
February 24, 2021
An empty courtroom is seen at the New York State Supreme Court in Manhattan, New York City, U.S., August 21, 2020. REUTERS/Andrew Kelly
(Reuters) - Lawyers from two firms have put out competing applications to serve as lead counsel for proposed class members in the multi-district litigation against Clearview AI Inc.
Scott Drury of Loevy & Loevy and Joseph Guglielmo of Scott+Scott threw their hats in the ring with filings late Tuesday in federal court in Chicago.
Both have support from several other plaintiffs' firms involved in the litigation. The deadline for applications was Tuesday.
The Judicial Panel on Multidistrict Litigation coordinated nine cases against facial recognition technology company Clearview AI for pretrial proceedings in Illinois before U.S. District Judge Sharon Johnson Coleman in December of last year. The MDL stems from allegations that the company improperly downloaded pictures and unlawfully collected, distributed and profited from the biometric data in violation of the Illinois Biometric Information Privacy Act and other laws.
Biometric privacy litigation has been growing in recent years. Illinois is one of three states with laws specifically regulating biometric information, and the only one with a private right of action. Under the Illinois BIPA, plaintiffs can seek actual or statutory damages of up to $1,000 for negligent violations and up to $5,000 for intentional or reckless violations.
Lee Wolosky of Jenner & Block is lead counsel for Clearview AI and Floyd Abrams of Cahill Gordon & Reindel is lead counsel for two company executives named in the litigation, Hoan Ton−That and Richard Schwartz.
Scott Drury of Loevy & Loevy, in his Tuesday application, highlighted his work in the litigation and prior experience. Drury noted that he filed the first class action against Clearview AI, his "zealous pursuit" of injunctive relief, and that he was appointed interim co-lead class counsel in the Illinois cases before the creation of the MDL. He is also the founder and lead of the firm's data privacy and cyber-intelligence group.
Lawyers from several firms representing Clearview plaintiffs, including Carlson Lynch, Hedin Hall, Bursor & Fisher, Neighborhood Legal and Community Lawyers, filed papers in support of Drury's application.
Guglielmo of Scott+Scott, in his application, said he had the backing of nine of the 16 plaintiffs. The plaintiffs he listed in a footnote are represented by his own firm, Hausfeld, DiCello Levitt Gutzler, Gibbs Law Group, Grant Law Firm, Haeggquist & Eck, according to a recent joint status report. Guglielmo didn't immediately respond to a request for comment regarding support for his bid.
He emphasized his work so far in the litigation and with other firms. Guglielmo also said he is committed to representing the range of claims in the litigation, which include the alleged violations of the Illinois biometric privacy law but also several other state law claims for non-Illinois plaintiffs. He also noted his leadership in other privacy litigation and expertise on electronic discovery matters.
Any responses to the applications are due March 2, after which the judge will consider the proposals. There is a status hearing in the case currently set for March 12.
The case is In Re: Clearview AI, Inc., Consumer Privacy Litigation, U.S. District Court for the Northern District of Illinois, No. 1:21-cv-00135
For the plaintiffs:
For Clearview AI: Lee Wolosky of Jenner & Block
For Hoan Ton−That and Richard Schwartz: Floyd Abrams of Cahill Gordon & Reindel
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