Joel Griswold

He | Him | His

Partner

Chicago
T +1.312.416.6238
F +1.312.416.6258
Orlando
T +1.407.649.4088
F +1.407.841.0168

Overview

Joel Griswold defends clients across the country in cutting-edge privacy class actions implicating biometric data, consumer credit / background check information and personally identifying information. Additionally, he counsels clients on compliance with laws governing these areas and risk mitigation. Joel regularly represents a wide array of SaaS companies and clients across virtually all industries (insurance and financial services, retail, restaurants, hospitality, healthcare, education, manufacturing and transportation).

He defends against claims brought under an assortment of federal, state and local consumer and privacy protection laws, including, but not limited to, Illinois Biometric Information Privacy Act (BIPA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Video Privacy Protection Act (VPPA) and Americans with Disabilities Act (ADA).

Select Experience

  • Defending clients in approximately 50 putative class actions arising under the BIPA.
  • For a large department store chain, won motion to dismiss putative nationwide FCRA class action and California state law class actions alleging improper disclosure and authorization.
  • For a large food manufacturer, won a motion to dismiss putative nationwide FCRA class action alleging improper disclosure and authorization.
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Experience

  • Defending clients in approximately 50 putative class actions arising under the BIPA.
  • For a large department store chain, won motion to dismiss putative nationwide FCRA class action and California state law class actions alleging improper disclosure and authorization.
  • For a large food manufacturer, won a motion to dismiss putative nationwide FCRA class action alleging improper disclosure and authorization.
  • For a large bank, won motion to dismiss putative nationwide FCRA class action alleging unauthorized credit inquiries on consumers after the discharge of debts through bankruptcy.
  • For a large consumer reporting agency, successfully defended against a putative nationwide FCRA class action alleging improper disclosure and authorization where, in response to a motion to dismiss, the plaintiff voluntarily withdrew his class claim rather than respond.
  • For one of the world’s largest security companies, successfully defended against a putative nationwide FCRA class action by procuring a voluntary dismissal at the pleading stage.
  • For a large department store chain, defeated class certification of putative nationwide ADA Title III class action asserting lack of access between movable display racks.
  • Defending several retailers in ADA Title III actions asserting a lack of access regarding retailer websites.
  • Successfully defends against putative nationwide collective and statewide class actions asserting off-the-clock and misclassification claims brought against clients across the country, defeating certification or resolving cases on an individual settlement or “walk away” basis.
  • Successfully obtained dismissal of a putative nationwide FCRA class action by a rejected employment applicant alleging failure to obtain prior consent for background checks and failure to provide pre-adverse action notice.
  • Successfully obtained plaintiff’s voluntary abandonment of putative nationwide FACTA class action at motion to dismiss stage in case alleging FACTA violations based on inclusion of credit card expiration dates on documents.
  • Successfully represented an international retailer in resolving a putative nationwide FACTA class action on an individual basis.
  • Successfully obtained plaintiff’s voluntary abandonment of putative nationwide VPPA class action alleging a retailer’s data retention practices violated the VPPA.
  • Obtained judgment on behalf of the sheriff and internal affairs investigators in a lawsuit brought by former corrections officers who alleged they were subjected to retaliation for allegedly speaking out about mistreatment of inmates at a corrections facility, in violation of First Amendment rights. Affirmed by the Seventh Circuit.
  • Regularly counsels clients on a broad spectrum of employment and business issues, including pay practices, dispute resolutions and issues arising under the ADA, Title VII and FMLA.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2018 to 2020)

Memberships

  • Retail Industry Leaders Association

Community

  • Northwestern Alumni Association

Prior Positions

  • Judicial extern for the Honorable Michael M. Mihm in the United States District Court for the Central District of Illinois

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern District of Illinois, Trial Bar
  • U.S. District Court, Southern District of Indiana
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Illinois
  • Florida

Education

  • J.D., University of Minnesota Law School, 2002, cum laude
  • B.A., Northwestern University, 1999

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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Class Action Lawsuit Defense
Florida Requires Concrete Injury For Standing - Class Action Defense
By Joel Griswold
July 14, 2022
On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v...
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Employment Class Action Blog
U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right
By Joel Griswold
July 2, 2014
In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a...
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Employment Law Spotlight
U.S. Supreme Court Refuses to Hear Petition that Proceeding as a Collective Action Under the FLSA is a Non-Waivable Substantive Right
By Joel Griswold
July 2, 2014
In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy “non-decision” by declining a petition for certiorari that raised the question of whether a...
Read More ->