Deborah H. Renner

Partner

New York
T +1 212.589.4654  |  F +1 212.589.4201

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Deborah Renner comments on Amgen vs. Connecticut Retirement Plans and Trust Funds
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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.
  • Recently represented retailer in threatened class action under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act, obtaining favorable settlement.
  • Representing a New York-based real estate holding company in a putative class action alleging fraud by building owners with respect to New York's rent stabilization laws. 
  • Obtained or enforced injunction to stop class litigation:
    • Picard v. Goldman, 546 B.R. 284 (Bankr. S.D.N.Y. 2016), aff’d, 2017 WL 383490 (S.D.N.Y. Jan. 24, 2017).
    • 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 2016)
    • "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.)
  • Brooklyn Bar Association, Volunteer Lawyers Project: Advisory Board
  • Defense Research Institute, Appellate Advocacy Section

News

Pro Bono

  • Deborah frequently works with Immigration Equality, helping gay, lesbian, transgendered and HIV positive individuals gain asylum in the United States.
  • Deborah has represented 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
Mandatory Disclosure of Third-Party Funding Agreements for Proposed Class Action Lawsuits
February 24, 2017
For years, certain lenders have agreed to fund all or part of a party’s litigation costs, usually in exchange for an agreed share of any recovered proceeds, as part of a practice called “third-party litigation funding.” This has spawned...
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Class Action Lawsuit Defense
Court Refuses to Certify Class Due to Lack of Adequacy of Class Counsel
February 1, 2017
Fed. R. Civ. P. 23(a)(4) requires that the representative parties – the class representatives and their counsel – will adequately protect the interest of the class. Relatively few class-action decisions turn on the adequacy of class...
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Class Action Lawsuit Defense
A Look at Potential Supreme Court Nominees’ Class Action Decisions
January 31, 2017
Tonight, President Donald Trump is expected to nominate one of three federal appellate judges to the Supreme Court: Judge William Pryor of the Eleventh Circuit, Judge Neil Gorsuch of the Tenth Circuit or Judge Thomas Hardiman of the Third...
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Class Action Lawsuit Defense
The Supreme Court Will Review Whether Putative Class Actions Toll the Statute of Repose for Class Members’ Individual Securities Act Claims
January 19, 2017
On January 13, 2017, the Supreme Court granted certiorari in California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373 (ANZ Securities), to resolve whether the filing of a putative class action tolls the statute of...
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Class Action Lawsuit Defense
“Administrative Feasibility” Rejected in the Ninth Circuit
January 9, 2017
On Jan. 3, in Briseno v. Conagra Foods, Inc., Case No. 15-55727, the Ninth Circuit Court of Appeals held that Fed. R. Civ. P. 23 does not require class representatives to demonstrate that there is an “administratively feasible” means of...
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