Eric M. Roberts

Eric M. Roberts

Partner
Chicago
About

Eric Roberts litigates complex commercial disputes throughout the country. He focuses on consumer privacy and data breach class actions and has defended some the world’s largest technology, retail, food service, and entertainment companies. Eric also advises companies with respect to a range of rapidly evolving technologies, including artificial intelligence, machine learning, and biometrics.

Eric’s representative matters include putative class actions arising under a variety of state and federal laws, including the Illinois Biometric Information Privacy Act (BIPA), the California Invasion of Privacy Act (CIPA), and the U.S. Electronic Communications Privacy Act (ECPA), in addition to related state consumer protection statutes and common-law privacy and tort-based claims.

Areas of FocusLitigation, Arbitration and InvestigationsClass ActionsBusiness and Commercial Litigation
Bar admissionsIllinois
CourtsUnited States District Court for the Northern District of IllinoisUnited States District Court for the Southern District of IllinoisUnited States District Court for the Central District of IllinoisUnited States District Court for the Eastern District of WisconsinUnited States Court of Appeals for the Seventh Circuit

EXPERIENCE

Representative Matters
  • Obtained dismissals of multiple BIPA cases for various companies across several industries
  • Defended companies in several industries against putative privacy class actions brought under BIPA, CIPA, ECPA, and other statutory and common law theories
  • Defending software company in multidistrict data breach litigation (MDL) involving more than 200 class actions filed throughout the United States
  • Defending hospitality company in data breach litigation that involves more than 10 class actions filed in multiple jurisdictions
  • Obtained dismissal of a putative class action against a Fortune 500 automotive manufacturer alleging consumer fraud and warranty claims that certain model vehicles were defective because exhaust fumes may enter the passenger compartment
  • Defended two national suppliers of mulch defending against two putative nationwide class actions alleging fraud, violations of state consumer protection laws, and unjust enrichment claims regarding alleged misrepresentations regarding the volume of mulch in bags sold to consumers. Obtained complete dismissal of one manufacturer and resolved claims against other manufacturer prior to class certification
  • Defended marketing and sales organization in putative class action brought under the Fair Credit Reporting Act alleging that the defendants obtained potential customers’ consumer reports without a permissible purpose
  • Won money damages at trial (affirmed on appeal) for a portfolio rail car company for one of the world's largest conglomerates enforcing a guaranty following the breach of a railcar lease
  • Won money damages in an arbitration (confirmed in federal court) for a promotional products company following a breach of contract
  • Defended a Fortune 50 company in defense of a high-profile real estate dispute. After a several day evidentiary proceeding, the plaintiff's request for a preliminary injunction was denied. The client was ultimately granted summary judgment as to all matters in a complete defense victory
  • Defended a leading global healthcare company defending against breach of contract claims alleging hundreds of millions in damages for alleged failure to pay royalty and milestone payments from a topical cream to treat osteoarthritis. Prevailed on Daubert motion striking expert’s opinion that plaintiff suffered hundreds of millions of dollars in damages

Pro Bono

In 2013, Eric and a team of AKD Partners lawyers submitted an amicus brief on behalf of various community organizations to the Illinois Supreme Court in a case relating to juvenile justice issues.

Education
  • J.D., Duke University School of Law
  • B.A., Philosophy, Duke University

My latest insights

Publication

FTC to increase focus on biometric information

1 June 2023 .11 minute read

Publication

BIPA liability may extend further following new Illinois Supreme Court decision

1 March 2023 .4 minute read

News

AKD Partners announces partnership promotions for 2022

27 April 2022 .5 minute read

View All

Connect

Phone

+1 312 368 2167
(Work, Chicago)
+1 312 852 0272
(Work)