Bonnie Keane DelGobbo

Partner

Chicago
T +1.312.416.8185
F +1.312.416.6201

Overview

Bonnie DelGobbo concentrates her practice on consumer and employment class actions, with an emphasis on privacy and wage and hour cases. Bonnie regularly represents businesses in putative class and collective actions involving a wide range of issues, including cases alleging violation of the Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Video Privacy Protection Act (VPPA), state and federal wage and hour law, disability discrimination and consumer protection laws. Additionally, she has represented consumer-facing companies as well as employers and technology vendors in dozens of putative class actions filed under the Illinois Biometric Information Privacy Act (BIPA). 

Bonnie also advises clients on strategies for complying with federal and state laws governing the relationship between businesses and their employees or consumers, as well as strategies for minimizing the risk of facing potential class action liability. She approaches all cases proactively with the clients’ ultimate goals in mind and focuses on delivering results that will advance not only their legal objectives, but also their business goals.

Bonnie has presented on class action issues at the Retail Industry Leaders Association’s Retail Law Conference, the National Restaurant Law Conference and BakerHostetler’s Employment Master Class.

Before entering private practice, Bonnie worked as a law clerk for the Honorable Bobby E. Shepherd of the U.S. Court of Appeals for the Eighth Circuit, during which time she drafted bench memoranda and proposed opinions for civil and criminal matters.

Select Experience

  • Represented clients in dozens of putative class actions alleging violations of the Illinois Biometric Information Privacy Act (BIPA) based on consumer's or employees' use of facial, finger or other scanning technology.
  • Obtained summary judgment for national retail client in nationwide collective action under Fair Labor Standards Act (FLSA) alleging misclassification of regional loss prevention investigators as exempt from FLSA’s overtime requirements, affirming client’s ability to continue to classify employees as exempt.
  • Defeated class certification in putative nationwide class action alleging retailer violated Americans with Disabilities Act (ADA) by failing to ensure adequate spacing between merchandise racks. Interlocutory review was denied.
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Experience

  • Represented clients in dozens of putative class actions alleging violations of the Illinois Biometric Information Privacy Act (BIPA) based on consumer's or employees' use of facial, finger or other scanning technology.
  • Obtained summary judgment for national retail client in nationwide collective action under Fair Labor Standards Act (FLSA) alleging misclassification of regional loss prevention investigators as exempt from FLSA’s overtime requirements, affirming client’s ability to continue to classify employees as exempt.
  • Defeated class certification in putative nationwide class action alleging retailer violated Americans with Disabilities Act (ADA) by failing to ensure adequate spacing between merchandise racks. Interlocutory review was denied.
  • Secured dismissal with prejudice of putative nationwide class action against retail client alleging Fair Credit Reporting Act (FCRA) violations during employment background checks.
  • Successfully obtained plaintiff’s voluntary abandonment of putative class claims at motion to dismiss stage in case alleging Fair and Accurate Credit Transactions Act (FACTA) violations based on inclusion of credit card expiration dates on documents provided to customers, limiting case to single-plaintiff claims.
  • Successfully obtained plaintiffs’ voluntary dismissals of BIPA claims in multiple separate putative class actions based on arguments made in motion to dismiss.
  • Represented retail and restaurant clients in class and collective actions alleging employee misclassification, off-the-clock claims and tip credit claims under the FLSA and various state wage and hour laws.
  • Won summary judgment for national media company on claims alleging violation of Equal Pay Act and sex discrimination.
  • Authored Illinois Supreme Court amicus brief advocating employer’s perspective of BIPA in Rosenbach v. Six Flags Entertainment Corp.
  • Contributed to U.S. Supreme Court amicus brief supporting enforceability of class and collective action waivers in employment arbitration agreements in Epic Systems Corp. v. Lewis.
  • Cross-examined plaintiff at evidentiary hearing, ultimately prevailing on factual dispute over whether plaintiff in putative statewide class action consented to individual arbitration agreement.
  • Secured, based on motion to dismiss, plaintiffs’ voluntary abandonment of putative class claims against retailers in cases alleging violation of state consumer protection law. Cases settled on individual basis for nominal amounts.
  • Successfully represented national staffing company in resolving putative nationwide class action under the FCRA.
  • Assisted in a Telephone Consumer Protection Act (TCPA) case, handling the bulk of briefing at the district court level. Researched and drafted a motion to deny class certification, and a Seventh Circuit brief opposing Rule 23(f) appeal. Defeated class certification, and interlocutory review was denied.
  • Obtained dismissal with prejudice of breach of contract and tortious interference with prospective economic advantage claims against retail client.

Recognitions and Memberships

Community

  • Washington University Club of Chicago
  • Valpo Club of Chicago
  • Coalition of Women's Initiatives in Law

Prior Positions

  • Winston & Strawn LLP: Associate (2013 to 2015)
  • Law Clerk for the Honorable Bobby E. Shepherd, United States Court of Appeals for the Eighth Circuit (2012 to 2013)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • U.S. District Court, District of Colorado
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Western District of Wisconsin
  • U.S. District Court, Eastern District of Michigan
  • Illinois

Education

  • J.D., Washington University School of Law, 2012, magna cum laude; Notes Editor, Washington University Law Review; Scholar in Law Award; Public Service Project Participant with highest distinction
  • B.A., American Studies and Spanish, Valparaiso University, 2009, summa cum laude

Blog

In The Blogs

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Data Counsel
Illinois Supreme Court: Sections 15(b) and 15(d) BIPA Claims Accrue with Each Scan or Transmission - Data Counsel
By Bonnie Keane DelGobbo, Joel Griswold, Amy L. Lenz
February 17, 2023
Today the Illinois Supreme Court issued a decision in Cothron v. White Castle System, Inc. 2023 IL 128004, in which the court held that the statute of limitations accrues with each scan or transmission of biometric identifiers or biometric...
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Data Counsel
Illinois Supreme Court: 5-Year Statute of Limitations for BIPA Claims
By Bonnie Keane DelGobbo, Joel Griswold, Amy L. Lenz
February 2, 2023
Earlier today, the Illinois Supreme Court issued a decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, in which the court held that a five-year statute of limitations applies to all claims arising under the Illinois Biometric...
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Employment Law Spotlight
New Illinois Employment Laws for 2023
By Bonnie Keane DelGobbo
January 6, 2023
As the new year rolls in, Illinois employers should take note of new laws that went into effect on January 1, 2023. First, Illinois has expanded and renamed the former Child Bereavement Leave Act, which is now called the Family Bereavement...
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Employment Law Spotlight
New Chicago Sexual Harassment Prevention Requirements Go Into Effect
By Bonnie Keane DelGobbo
July 14, 2022
Chicago’s new sexual harassment prevention ordinance went into effect this month, imposing significant new obligations on Chicago employers. The ordinance requires employers to have a written policy prohibiting sexual harassment that...
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Employment Law Spotlight
Windy City Employers Take Note: New Chicago Ordinance Outlining Rights and Obligations Regarding COVID-19 Vaccines
By Bonnie Keane DelGobbo
April 26, 2021
Chicago recently passed an ordinance outlining employees’ rights and employers’ obligations in connection with getting a COVID-19 vaccine. Employers should be aware of these key provisions of the ordinance: Regardless of whether an...
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