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todd c. jacobs

Partner

Chicago

tjacobs@phrd.com

t: (312) 477-3306

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  • overview
  • experience
  • thought leadership

overview

Todd Jacobs brings to the firm over 30 years of experience in successfully resolving high-stakes commercial disputes. He has been lead counsel to some of the most sophisticated legal consumers in America in their most sensitive matters, from New York to California. Todd has significant experience in complex litigation matters ranging from insurance, to mass torts, to class actions, to insolvency matters. He is perhaps best known for being the architect of comprehensive, efficient and effective defense strategies in bet-the-company litigation and for having the trial acumen, if necessary, to see such strategies through to judgment.

A go-to litigator, Todd’s current caseload includes many cases routinely in the headlines including high-stakes insurance coverage disputes pertaining to sexual abuse, environmental contamination claims, class action litigation, and intellectual property matters. He also has particular expertise in disputes involving emerging or complex technologies, including on behalf of some of the best known technology providers in the world.

As the former Chicago managing partner for two leading litigation firms - one a multi-office international firm and the other a boutique - Todd possesses an unparalleled understanding of the Chicago legal market. He has also for more than two decades been a member of the Northern District of Illinois’ Trial Bar and represented numerous pro bono clients at the Court’s request including through jury trials.


experience

  • Currently National Coordinating Counsel for an international insurer in respect of sexual abuse claims. Cases pending in state and federal courts in California, Delaware, Illinois, Louisiana Michigan, New Jersey, New York, Ohio, Pennsylvania and Texas. Learn more: Wall Street Journal and Law360.
  • Currently representing an international insurer in respect of alleged coverage for environmental (CERCLA) contamination claims.
  • Currently representing an international insurer in New York state court in respect of alleged coverage for asbestos claims.
  • Currently representing a major technology provider in putative class action litigation in the Northern District of Illinois under the Illinois Biometric Privacy Act.
  • Represented a prominent plaintiff's class action firm in proceedings on remand from the Ninth Circuit Court’s reversal of a post-certification class action settlement. Briseño, et al. v. M. Todd Henderson v. Conagra Foods, Inc., 998 F.3d 1014 (9th Cir. 2021).
  • Represented an international insurer in respect of Covid-19 business interruption claims. Case dismissed with prejudice on motion to dismiss. Great River Entertainment, LLC v. Zurich American Insurance Co., 3:21-cv-00035 (N.D. Iowa Apr. 16, 2021) Learn More
  • Defended the Executive Manager of a Chicago-based derivatives trading firm in a 7-day Financial Industry Regulatory Authority (FINRA) arbitration (by Zoom during pandemic) alleging breach of fiduciary duty. Defense judgment obtained and attorney’s fees awarded.
  • Represented Amazon.com in N.D. Ill. putative class action concerning alleged improper charges for Amazon Prime accounts.
  • Represented Microsoft in N.D. Ill. putative class action concerning alleged improper charges for Xbox Live accounts.
  • Represented Zebra Technologies in trade secret litigation in Massachusetts federal court in respect of real time sports and tracking technology provided to the National Football League.
  • Counsel to a gourmet pet food manufacturer in respect of consumer fraud claims alleging ingredients were not “made in the USA.” Putative class action dismissed with prejudice for failure to allege compensable damages. Sabo v. WellPet, LLC, 1:16-cv-08550 (N.D. Ill, April 21, 2017).
  • Counsel to Nissan North America in putative nationwide class action alleging concealment of design defects in Altima and Maxima vehicles. Case dismissed with prejudice on jurisdictional grounds and for failure to state a claim. DeMaria v. Nissan North America, Inc., 2016 WL 374145(N.D. Ill. Feb. 1, 2016).
more
  • Co-lead counsel for CNA in the seminal Ninth Circuit decision establishing insurer standing to object to Chapter 11 reorganization plans in mass tort bankruptcies. In re Thorpe Insulation Co., 677 F.3d 869 (9th Cir. 2012).
  • Lead counsel for Groupon in a variety of matters, including shareholder derivative actions, consumer class actions, intellectual property matters and commercial contract actions.
  • Lead counsel for Amazon.com, DIRECTV and RealNetworks in U.S. Supreme Court appeal concerning enforcement of arbitration provisions banning class actions. The Supreme Court recently upheld the legality of such provisions (see description of RealNetworks’ privacy cases immediately below).
  • National coordinating counsel for streaming media pioneer RealNetworks in multidistrict privacy class-action litigation relating to RealPlayer and RealJukebox software. Lieschke v. RealNetworks, Inc., 2000 WL 198424 (N.D. Ill. 2000); In re RealNetworks, Inc. Privacy Litigation, 2000 WL 631341 (N.D. Ill. 2000); RealNetworks, Inc. v. Superior Court in and for the County of Orange, 2001 WL 1527492 (Cal. Ct. App. 2001) (sixteen nationwide putative class actions dismissed and claims ordered into individual, non-class arbitrations).
  • Lead counsel for IBM in disputes relating to implementation of Enterprise Resource Planning (ERP) and related software. Irwin Seating Co. v. IBM, 2009 WL 32711 (6th Cir. 2009) (affirming grant of summary judgment to IBM on all claims); Business Systems Engineering v. IBM, 547 F.3d 882 (7th Cir. 2008) (affirming grant of summary judgment to IBM on all claims), 249 F.R.D. 313 (awarding costs); M. Block & Sons, Inc. v. IBM, 2004 WL 1557631 (N.D. Ill. 2004) (dismissing fraud, breach of contract, negligent misrepresentation and warranty claims).
  • Lead counsel for RealNetworks in defense of consumer class actions relating to the RealOne online subscription service. Koresko v. RealNetworks, Inc., 291 F. Supp. 2d 1157 (E.D. Cal. 2003) (dismissing case pursuant to End-User License Agreement forum selection clause).
  • Counsel for Amazon.com in defense of patent infringement claims relating to online personalization technologies. Pinpoint, Inc.v.Amazon.com, Inc., 347 F. Supp. 2d 579 (N.D. Ill. 2004) (Posner, J. sitting by designation) (case dismissed for lack of standing); 369 F. Supp. 2d 995 (N.D. Ill. 2005) (subsequently filed case dismissed with prejudice following favorable claim construction).
  • Trial counsel for CNA in New York state court class action litigation (four-month bench trial) pertaining to alleged unaggregated “non-products” exposure for asbestos bodily injury claims. Continental Casualty Co. v. Employers Ins. Co. of Wausau, et al., 871 N.Y.S. 2d 48 (N.Y. App. Div. 2008) (Phase I) (no coverage for class claims). Todd subsequently represented CNA as lead counsel in two California state court cases and one Los Angeles-based bankruptcy proceeding presenting similar issues. Employers Reinsurance Co. v. Superior Court, 161 Cal. App. 4th 906 (Cal. Ct. App. 2008).
  • Trial counsel for Fireman’s Fund in bankruptcy court litigation seeking coverage for asbestos bodily injury and asbestos property damage claims. Celotex Corp. v. AIU Ins. Co. 216 B.R. 867 and 222 B.R. 644 (Bankr. M.D. Fla. 1998) (defense judgment on late-notice grounds); 251 B.R. 163 (awarding costs). The judgment in Fireman’s Fund’s favor was affirmed by the United States Court of Appeals for the Eleventh Circuit. In re Celotex Corp., 299 Fed. Appx. 850 (11th Cir. July 7, 2008). In related contribution litigation, Todd successfully represented Fireman’s Fund in its efforts to recover millions of dollars in defense costs from a non-defending primary insurer. Fireman’s Fund Ins. Co. v. Hartford Accident and Indemnity Co., 2011 WL 1303148 (N.D. Ohio Mar. 31, 2011).

thought leadership

  • Contributor, "Parker Hudson Steps Into Chicago With Bradley Riley Duo," Law360 (May 17, 2023)
  • Co-Chair, Perrin Chicago Class Action Litigation Conference (September 2018)
  • Co-Chair, Perrin Chicago Class Action Litigation Conference (May 31, 2017)
  • Presenter, Spotlight on Personal and General Jurisdiction Trends in Class Action Practice, American Conference Institute (June 9-10, 2016)
  • Co-Chair, Perrin Chicago Class Action Litigation Conference (May 17, 2016)
  • Presenter, Challenges to Ascertainability and ‘Fail-Safe’ Classes and Challenges to Article III Standing and the Issue of Absent Class Member Injury, Challenges to Class Membership seminar, Chicago Bar Association (May 14, 2015)
  • Co-Chair, Perrin Chicago Class Action Litigation Conference (May 6-7, 2015)
  • Presenter, Legal Ethics and Social Media (May 18, 2014)

areas of focus

  • Commercial Disputes
  • Business Torts & Unfair Competition
  • Insurance Coverage Litigation
  • Consumer Class and Mass Action Defense
  • Bankruptcy, Restructuring & Creditor Rights
  • Intellectual Property & Restrictive Covenants
  • Mass Tort Insurance Coverage and Bankruptcy
  • Privacy & Data Security
  • Securities Litigation & Arbitration

education

  • Harvard Law School Executive Education Program, Leadership in Law Firms (2010)
  • University of Virginia School of Law, (J.D., 1989); Order of the Coif
  • University of Iowa, (B.S. with Highest Distinction, 1986); Phi Beta Kappa (as a junior, one of seven students university-wide)

accolades

  • Recognized by The Best Lawyers in America® in Commercial Litigation (2015-2023) and Insurance Law (2015-2023)
  • Selected as a “Leading Illinois Civil Defense Lawyer” by Chicago Lawyer Magazine (2017-2023)
  • Selected as one of the “Top Lawyers in Illinois” and “Leading Lawyer” in Class Action/Mass Tort Defense Law, Commercial Litigation, Insurance, Insurance Coverage & Reinsurance Law by Chicago Law Bulletin (2005-2023)
  • Selected as a “Business Litigation Super Lawyer” by Chicago Magazine’s Annual Guide to the Top Attorneys in Illinois (2005-present)
  • Honorary North American Member, The Commercial Bar Association, specialist bar association of barristers advising the international business community (2008-2023)

professional affiliations

  • Chicago Bar Association
  • Iowa State Bar Association
  • Defense Research Institute
  • U.S. Advisory Board for the Institute for Consumer Antitrust Studies, Loyola University Chicago

Admitted to practice

  • Illinois
  • Iowa
  • United States District Court for the Northern and Central Districts of Illinois (Including Trial Bar)
  • United States District Court for the Northern and Southern Districts of Iowa
  • United States District Court for the Eastern and Western Districts of Michigan
  • United States District Court for the District of Colorado
  • United States District Court for the Middle District of Florida
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Appeals for the Seventh Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States Supreme Court

news & insights

view all news

Parker Hudson Chicago Expansion Featured in Law360


May 19, 2023

Parker Hudson Expands its Litigation Capabilities into Chicago with the Addition of Todd C. Jacobs and John E. Bucheit


May 15, 2023
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