Michael O'Neil

Michael is a member of the firm’s Global Commercial Disputes Group. He concentrates his practice on the defense of class action privacy claims and has tried jury and bench trials in both state and federal courts. For more than 20 years, Michael has successfully defended against asserted class claims brought under the federal Fair Credit Reporting Act (FCRA) and its attendant threat of statutory damages.

Experience

Representative matters

Defended national credit bureau in connection with 14 nationwide putative class actions consolidated by the Judicial Panel for Multi-District Litigation, and later coordinated with two state court actions, which alleged that the use and disclosure of consumer information violated the FCRA and state common law.

Tried a three-week jury trial in federal court arising from the alleged improper disclosure of a bank's credit card information

Defended in California federal court against claim that the disclosure of consumer information caused plaintiff to be a victim of identity theft that allegedly created significant financial, emotional and physical harm. Obtained dismissal of the claims against client before the trial of related claims brought against a co-defendant, which resulted in a US Supreme Court decision. 7 F.Supp.2d 1056, aff'd in part, 225 F.3d 1063 (9th Cir. 200), rev'd, 534 U.S. 19 (2001)

Tried a three-week jury trial in federal court arising from the alleged improper disclosure of a bank's credit card information

Defeated class certification in a putative nationwide class action lawsuit alleging that a major airline violated the FCRA, and created the risk of identity theft, by disclosing credit card information on passenger receipts. Successfully defended other retailers and a restaurant chain in separate actions

Obtained summary judgment on all claims (and class certification was denied as moot) in federal class action brought by identity theft victims who claimed that credit monitoring was not useful in preventing identity theft. Millett v. Truelink, Inc., 533 F. Supp. 2d 479 (D. Del. 2008)

Challenged privacy regulations issued by seven federal agencies under the Gramm-Leach-Bliley Act. 141 F.Supp.2d 62 (D.D.C. 2001)

Argued successfully before the Seventh Circuit Court of Appeals in support of summary judgment to client in consumer class action litigation based upon violations of the FCRA. 433 F.Supp.2d 908 (N.D. Ill. 2006), aff'd, 482 F.3d 907 (7th Cir. 2007)

Authored amicus brief filed with the US Supreme Court in support of a strict standard for a finding of willful violation of the FCRA. Safeco Ins. Co. of America v. Burr, 127 S. Ct. 2201 (2007)

Obtained affirmance in the Fifth Circuit Court of Appeals of summary judgment in favor of a client charged with bad-faith termination, asserting common-law and Louisiana statutory claims. After an evidentiary hearing, plaintiff's earlier motion for a preliminary injunction was denied. Summary judgment on all of plaintiff's claims was later affirmed. Active Mortgage, LLC v. Trans Union LLC, et al. (November 15, 2012)

Represented nationwide cellular phone carrier in multiple putative class action lawsuits alleging deceptive marketing practices resulting in unauthorized charges appearing on the carrier's bills to the consumer class. Panter v. Alltel Corporation, 2008 WL 4542663 (N.D. Ill. 2008), petition denied, No. 08-8025 (7th Cir. Sept. 22, 2008)

Obtained affirmance by the Seventh Circuit Court of Appeals of summary judgment in favor of client on claim that it violated federal law by inadvertently disclosing plaintiff's information in response to inquiries regarding his brother. 92 F.Supp.2d 796 (C.D. Ill.), aff'd, 259 F.3d 662 (7th Cir. 2001)

Defended Internet service provider in Delaware federal court class action alleging violations of the Credit Repair Organizations Act

Led successful AAA arbitration of breach of licensing agreement, including a pre-hearing grant of summary judgment

Defeated certification of class asserting breach of contract and related claims against provider of consumer credit scores. Chudner v. Transunion Interactive, Inc., 2010 WL 5662966 (D. Del. Dec. 15, 2010)

Appointed Illinois Special Assistant Attorney General in multiple lawsuits and argued successfully before the Illinois Supreme Court in action challenging application of state environmental regulatory statute. Envirite Corp. v. Illinois E.P.A., 632 N.E.2d 1035 (Ill. 1994)

Obtained affirmance by federal appellate court of the dismissal of federal civil rights claims. Procopio v. Johnson, 994 F.2d 325 (7th Cir. 1993)