Deborah H. Renner

Partner

New York
T 212.589.4654  |  F 212.589.4201

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Deborah Renner leads BakerHostetler's class action practice in New York and is a founder and former editor of BakerHostetler's Class Action Lawsuit Defense blog. She also serves as the Pro Bono Coordinator for the New York office, and is on the firm's Diversity Committee.

Deborah focuses her practice on complex commercial litigation, including the defense of consumer fraud, data breach, insurance, ERISA, and securities class actions. Deborah has successfully defended numerous companies in nationwide, multidistrict and state class actions. She has defeated class certification in courts around the country and has won the dismissal of class claims at the outset of numerous actions. Deborah frequently advises companies on class action defense and regulatory inquiries. She has represented companies facing regulatory inquiries in the data privacy, insurance, and securities arenas. Among her areas of knowledge and experience, Deborah is certified in information privacy. She was recently elected to the American Law Institute and the American Bar Foundation. 

Select Experience

  • Won complete dismissal of data breach class action. Polanco v. Omnicell, Inc., 988 F. Supp. 2d 451 (D.N.J. 2013).
  • Represented broker-dealer in international securities-based class action.Marylebone PCC Limited v. Millennium Global Investments, Ltd., No. 12-cv-3835, slip order (S.D.N.Y. July 7, 2014). 
  • Represented company in Civil Investigative Demand by state attorney general regarding data privacy and security practices, 2014-15.
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Experience

  • Won complete dismissal of data breach class action. Polanco v. Omnicell, Inc., 988 F. Supp. 2d 451 (D.N.J. 2013).
  • Represented broker-dealer in international securities-based class action. Marylebone PCC Limited v. Millennium Global Investments, Ltd., No. 12-cv-3835, slip order (S.D.N.Y. July 7, 2014). 
  • Represented company in Civil Investigative Demand by state attorney general regarding data privacy and security practices, 2014-15.
  • Obtained or enforced injunction to stop class litigation:
    • Picard v. Goldman, 546 B.R. 284 (Bankr. S.D.N.Y. 2016).
    • Picard v. Marshall, 511  B.R. 375 (Bankr. S.D.N.Y. June 23, 2014), aff’d, Fox v. Picard, 531 B.R. 345 (S.D.N.Y. May 11, 2015).
    • Picard v. Fox, 429 B.R. 423 (Bankr. S.D.N.Y. 2010), aff'd, In re Madoff, 848 F. Supp. 2d 469 (S.D.N.Y. 2012), aff'd, 740 F.3d 81 (2d Cir. 2014).
    • Picard v. Stahl, 443 B.R. 295 (Bankr. S.D.N.Y. 2011), aff'd, In re Bernard L. Madoff Inv. Sec. LLC, 2011 WL 7981599 (S.D.N.Y. Dec. 5, 2011), aff'd, The Lautenberg Found. v. Picard, 512 Fed.Appx. 18 (2d Cir. 2013).
    • In re Bernard L. Madoff, 477 B.R. 351 (Bankr. S.D.N.Y. 2012), aff'd, 2013 WL 5511027 (S.D.N.Y. Sept. 30. 2013).
    • Picard v. Maxam Absolute Return Fund, L.P., 460 B.R. 106 (Bankr. S.D.N.Y. 2011), aff'd, 474 B.R. 76 (S.D.N.Y. 2012).
  • Represented amicus in U.S. Supreme Court in Campbell-Ewald  Company v. Gomez, 136 S. Ct. 663 (Jan 20, 2016), concerning use of offer of judgment in Telephone Consumer Protection Act case.
  • Represented amicus in U.S. Supreme Court in Tyson Foods, Inc. v. Bouaphakeo, 2016 WL 1092414 (March 22, 2016), dealing with use of statistics for determining liability and damages and inclusion of uninjured class members in a class action under Rule 23 or a collective action under the Fair Labor Standards Act.
  • Represented amicus in U.S. Supreme Court in The Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013), holding that named plaintiff’s counsel could not use stipulation to avoid federal jurisdiction. 
  • Represented amicus in U.S. Supreme Court in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), holding that named plaintiffs could not rely on a class-wide damages model to obtain class certification.
  • As a lead attorney on the BakerHostetler team that serves as counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, managed a team of attorneys in Picard v. JPMorgan, which, in 2014, resolved in two settlements totaling $543 million for the SIPA Trustee and class action plaintiffs and which led to a $1.7 billion forfeiture to the United States Attorney’s Office. 
  • Won summary judgment in a putative class action concerning alleged fraud in the pricing of long-term care insurance in ERISA context. Rakes v. Life Investors Ins. Co. of America, 622 F. Supp. 2d 755  (N.D. Iowa June 20, 2008), aff'd, 582 F.3d 886 (8th Cir. Sept. 18, 2009).
  • Won the complete dismissal of a securities fraud class action alleging violations of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934. Medis Investor Group v. Medis Technologies, Ltd., 586 F. Supp. 2d 136 (S.D.N.Y. 2008), aff'd, 2009 WL 2171277 (2d Cir. July 21, 2009).

Recognitions

  • New York Metro "Super Lawyer" (2011 to 2015)
    • "Top 50 Women in New York" (2014 to 2015)

Memberships

  • American Law Institute
    • Principles of the Law, Data Privacy: Members Consultative Group
    • Restatement Third, Conflict of Laws: Members Consultative Group
  • American Bar Foundation: Member
  • American Bar Association, Section of Litigation Class Action and Derivative Suits 
  • International Association of Privacy Professionals
    • Certified Information Privacy Professional (U.S.)
  • Defense Research Institute, Appellate Advocacy Section

News

Press Releases

Pro Bono

  • Deborah frequently works with Immigration Equality, helping gay, lesbian, transgendered and HIV positive individuals gain asylum in the United States.
  • Deborah represents the named plaintiffs in a putative class action concerning the provision of mental health services to minors.

Services

Prior Positions

  • Fordham University Law School: Adjunct Assistant Professor of Class Action Law (2002 to 2006)

Admissions

  • U.S. Supreme Court, 1997
  • U.S. Court of Appeals, Second Circuit, 2008
  • U.S. Court of Appeals, Third Circuit, 2001
  • U.S. Court of Appeals, Eighth Circuit, 2008
  • U.S. District Court, Southern District of New York, 1993
  • U.S. District Court, Eastern District of New York, 1993
  • U.S. District Court, Northern District of New York, 2003
  • New York, 1993
  • District of Columbia, 1994
  • New Jersey, 2014

Education

  • J.D., Harvard Law School, 1992, cum laude
  • M.A., Princeton University, 1987
  • B.A., Johns Hopkins University, 1984, with honors

Blog

In The Blogs

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Class Action Lawsuit Defense
Concrete and Particularized Part III: Initial Circuit Court Reactions to Spokeo
July 19, 2016
  In the two months since the U.S. Supreme Court issued its much-awaited decision in Robins v. Spokeo, 136 S. Ct. 1540 (2016), a handful of federal circuits have applied the decision to pending disputes over Article III standing...
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Class Action Lawsuit Defense
First Circuit Subscribes to a Minority View: Free App Users Allowed to Proceed With Privacy Class Action Under the Video Privacy Protection Act
June 30, 2016
In Yershov v. Gannett Satellite Information Network, Inc., 2016 U.S. App. LEXIS 7791 (1st Cir. Apr. 29, 2016), the First Circuit held that users of free mobile applications, or “apps,” can bring a claim against an online service provider...
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Class Action Lawsuit Defense
Ninth Circuit First to Take Up Offers of Judgment After Campbell-Ewald
June 21, 2016
Co-authored by: Erica L. Cook As we reported earlier this year in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663, 672 (2016), the Supreme Court held that a putative class action does not become moot when a defendant merely offers a named...
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Class Action Lawsuit Defense
Seventh Circuit Bucks the Trend, Holding That Class and Collective Action Waivers in Employee Arbitration Agreements Violate the NLRA
June 8, 2016
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (slip op.), the Seventh Circuit held that class and collective action waivers in arbitration agreements are not enforceable because they violate the National Labor...
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Class Action Lawsuit Defense
Post-Tyson Foods, Defendants Should Take the Offensive in Discovery Sampling
June 1, 2016
Following the Supreme Court’s ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in class action...
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