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.
  • Represented company accused of violating New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act in online contract, 2016.
  • 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
Sixth Circuit Vacates Class Settlement, Finding that Sealed Documents Prevented Objectors from Assessing Settlement’s Fairness
September 14, 2016
This summer, the Sixth Circuit rejected class action litigants’ filing of the bulk of their class settlement documents under seal. Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016). The Sixth Circuit’s...
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Class Action Lawsuit Defense
Third Circuit Sets Framework for Numerosity Requirement
September 14, 2016
In an opinion issued yesterday, the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1). In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475. In providing an analytical framework...
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Class Action Lawsuit Defense
Sanctions Imposed on Five Attorneys for Class Settlement Forum Shopping
August 15, 2016
Five Arkansas attorneys have been formally reprimanded by a federal judge in the Western District of Arkansas after stipulating to dismissal “for the purposes of seeking a more favorable forum and avoiding an adverse decision” in...
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Class Action Lawsuit Defense
Signed, sealed, delivered, but not dismissed: the Sixth Circuit takes on Campbell-Ewald’s offered vs. delivered distinction
By Stanley C. Ball
August 10, 2016
Following the Supreme Court’s January decision in Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016) that a defendant cannot moot a plaintiff’s individual claim by simply offering to satisfy the plaintiff’s demand before a motion for class...
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Class Action Lawsuit Defense
Second Circuit Confirms Ability of Defendants to Challenge and Defeat Class Certification Even After Loss in Jury Trial
July 29, 2016
The Second Circuit’s recent post-trial decertification of the class in Mazzei v. The Money Store, et al. has garnered attention about decertification as a defense strategy. The decision confirms that plaintiffs’ burden to prove compliance...
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