Joel Griswold

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 successfully defends clients in consumer and employment class actions across the country, including, but not limited to, matters asserting claims under the Fair Credit Reporting Act (FCRA); Fair and Accurate Credit Transactions Act (FACTA); Fair Labor Standards Act (FLSA); Americans With Disabilities Act (ADA); Video Privacy Protection Act (VPPA), and the panoply of other federal and state consumer protection laws. In addition, he regularly represents and counsels end users (including employers), furnishers and consumer reporting agencies in relation to FCRA compliance and interplay with various state and local laws.

Counseling and representing retailers on a wide spectrum of issues, Joel’s knowledge of this rapidly changing industry allows him to anticipate and resolve concerns before they become liabilities. A regular presenter at the annual Retail Industry Leaders Association (RILA) Law Conference, he speaks on innovative topics involving class action litigation.

Joel has been recognized by The Legal 500 United States (2018).

Select Experience

  • 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.
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Experience

  • 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

Memberships

  • Retail Industry Leaders Association

Publications

Alerts

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
  • 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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Employment Law Spotlight
Reminder: NJ Sick Leave Act Becomes Effective This Month
By Amanda Van Hoose Garofalo
October 22, 2018
Reminder – Earlier this year (as we reported in this post), the New Jersey Paid Sick Leave Act (NJPSLA) was approved. The NJPSLA mandates that employees will accrue one hour of paid sick leave for every 30 hours worked, up to a maximum of...
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Employment Law Spotlight
State Court Asked to ‘Weigh In' on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law
By Jacob A. Bruner
October 16, 2018
On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law. The case...
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Employment Law Spotlight
Employers Speak Out on Proposed Changes to FLSA Overtime Rule
By Jacob A. Bruner, Nathan A. Schacht
October 10, 2018
On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption. The session was one of four public listening sessions offered by...
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Employment Law Spotlight
What Is the State of Joint Employment?
By Todd H. Lebowitz
October 7, 2018
Each January, the President gives a State of the Union Address to a joint session of Congress. Throughout the speech, as the President touts his agenda and vision, half the audience cheers wildly, while the other half makes frowny faces...
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Employment Law Spotlight
New York State Sexual Harassment Guidance Finalized
By Amanda Van Hoose Garofalo, Amy J. Traub
October 2, 2018
UPDATE – On Oct. 1, 2018, the state of New York released final guidance on the anti-sexual harassment measures that were passed in the 2018-2019 New York state budget. Perhaps the most important (and welcomed) change in the guidance is...
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