People

Liv Kiser is a partner in the Data Privacy and Security and Trial and Global Disputes Practices.  Liv helps businesses identify and manage data privacy and consumer protection risks.  Liv defends companies against charges of data breach, consumer fraud, unfair competition and other torts, protecting brands and consumer goodwill. A seasoned and vigorous advocate, Liv’s innovative approaches to complex legal questions have resulted in the development of new law favorable to her clients and entire industries.

A seasoned trial lawyer in class actions and consumer disputes, Liv has defended some of the world's largest multi-national companies in viral and multidistrict litigation, managing crisis situations in which simultaneous investigations by state and federal regulators, law enforcement and Congress are taking place.  Liv regularly resolves cases at the earliest stages of litigation through creative strategies that operate to moot a class action or cause the class action device not to be a superior method for resolving the dispute.  Liv has persuaded opposing counsel to dismiss cases without compensation by persuasively explaining applicable law.  Liv has successfully defeated class certification in cases that prior counsel believed to be unwinnable.

Liv works proactively with company leadership to develop business-friendly, creative solutions to disputes in both commercial and consumer contexts.  She has extensive experience engaging with appropriate stakeholders on matters relating to data security and to facilitate compliance with state and federal data privacy laws as well as other laws designed to protect consumers. Protecting company reputations and preserving trust is a central focus of Liv’s practice.

Liv also has a very active pro bono practice, obtaining asylum for persecuted individuals and ensuring children with disabilities obtain necessary services in their public schools.  She also represents defendants in wrongful conviction and death penalty cases.  Liv serves on the firm's Diversity Committee.

Full Bio

Credentials

B.A., University of Illinois, Phi Beta Kappa

J.D., Northwestern University School of Law, cum laude, Order of the Coif

California

Illinois

Supreme Court of the United States

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Colorado

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Southern District of Indiana

Member, American Bar Association, Sections of Litigation, Class Actions and Derivative Suits, Antitrust (Consumer Protection and Information Privacy and Security), and Products Liability (Food and Supplements)

Member, California Bar Association

Member, Illinois Bar Association

Member, Women’s Bar Association of Illinois (Co-Chair, Judicial Reception; Co-Chair, Top Women Lawyers in Leadership)

French

Named to The Best Lawyers in America for Consumer Law


2015–2018

Recognized by Leading Lawyers Network


2014–2018

Named among the “Top Lawyers in Illinois” in Advertising & Media Law and Class Action Mass Tort Defense Law


Illinois Super Lawyer (2017, 2018)

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Recognition

Named to The Best Lawyers in America for Consumer Law


2015–2018

Recognized by Leading Lawyers Network


2014–2018

Named among the “Top Lawyers in Illinois” in Advertising & Media Law and Class Action Mass Tort Defense Law


Illinois Super Lawyer (2017, 2018)

Matters

Lead counsel in a proposed class action brought under the Telephone Consumer Protection Act (TCPA) seeking more than $600 million in damages as a result of defendant allegedly having sent facsimiles to recipients that purportedly lacked legally-sufficient opt-out notices.  Successfully defeated class certification on predominance grounds.

Lead counsel in a proposed class action alleging vehicle transmissions are defective; persuaded Court to dismiss the Magnuson Moss Warranty Act claim for failing to name at least 100 named plaintiffs; Court rejected the notion it had jurisdiction over the MMWA claim based on diversity.

Lead counsel in a proposed class action alleging violations of state and federal warranty laws brought on behalf of a Wisconsin resident. Liv successfully obtained dismissal of the case on grounds that Illinois lacked sufficient contacts to confer general personal jurisdiction over American Honda.

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Matters

Lead counsel in a proposed class action brought under the Telephone Consumer Protection Act (TCPA) seeking more than $600 million in damages as a result of defendant allegedly having sent facsimiles to recipients that purportedly lacked legally-sufficient opt-out notices.  Successfully defeated class certification on predominance grounds.

Lead counsel in a proposed class action alleging vehicle transmissions are defective; persuaded Court to dismiss the Magnuson Moss Warranty Act claim for failing to name at least 100 named plaintiffs; Court rejected the notion it had jurisdiction over the MMWA claim based on diversity.

Lead counsel in a proposed class action alleging violations of state and federal warranty laws brought on behalf of a Wisconsin resident. Liv successfully obtained dismissal of the case on grounds that Illinois lacked sufficient contacts to confer general personal jurisdiction over American Honda.

Lead counsel in a proposed class action alleging violations to the Telephone Consumer Protection Act (TCPA) that was successfully resolved on very favorable terms prior to the filing of a responsive pleading.

Co-lead counsel in a proposed class action against Toyota Motor Sales U.S.A. alleging excessive oil consumption in certain Toyota vehicles; successfully argued Plaintiff lacked standing; case was dismissed, with costs awarded to Toyota.

In a proposed class action brought by Oregon and Washington residents against Ford Motor Co., Inc. in California, successfully argued that the State of California lacked sufficient contacts to assert general personal jurisdiction over Ford. Plaintiffs declined to appeal the district court’s dismissal of Ford.

Lead counsel in an MDL consolidating nine consumer class actions filed throughout the U.S. alleging 2015 Honda CR-Vs vibrate excessively.  Resolved favorably through a Rule 23(b)(2) settlement where the remedy is to provide “enhanced” notice of pre-existing, effective countermeasures to the relatively few consumers who complained.

Lead counsel in a proposed class action alleging an internet advertising service provider breached its service agreements by invoicing allegedly misleading charges; successfully resolved after preliminary motion practice and targeted discovery of plaintiff.

Lead counsel in a proposed class action against U.S. automotive distributor and foreign parent alleging the pedal bracket assembly in certain vehicles was defective; Plaintiffs sought to certify classes and subclasses in more than ten states. Resolved on favorable terms after a favorable ruling on a motion to dismiss and targeted discovery of plaintiffs.

Lead counsel in a proposed class action alleging Defendants sent unwanted facsimile advertisements to Plaintiff and members of the proposed classes. Defeated class certification by successfully proving Plaintiff and all of its counsel (more than 10 lawyers and 3 law firms) were inadequate.

Insights

View all

Matters

Lead counsel in a proposed class action brought under the Telephone Consumer Protection Act (TCPA) seeking more than $600 million in damages as a result of defendant allegedly having sent facsimiles to recipients that purportedly lacked legally-sufficient opt-out notices.  Successfully defeated class certification on predominance grounds.

Lead counsel in a proposed class action alleging vehicle transmissions are defective; persuaded Court to dismiss the Magnuson Moss Warranty Act claim for failing to name at least 100 named plaintiffs; Court rejected the notion it had jurisdiction over the MMWA claim based on diversity.

Lead counsel in a proposed class action alleging violations of state and federal warranty laws brought on behalf of a Wisconsin resident. Liv successfully obtained dismissal of the case on grounds that Illinois lacked sufficient contacts to confer general personal jurisdiction over American Honda.

See more
Icon close

Close

Matters

Lead counsel in a proposed class action brought under the Telephone Consumer Protection Act (TCPA) seeking more than $600 million in damages as a result of defendant allegedly having sent facsimiles to recipients that purportedly lacked legally-sufficient opt-out notices.  Successfully defeated class certification on predominance grounds.

Lead counsel in a proposed class action alleging vehicle transmissions are defective; persuaded Court to dismiss the Magnuson Moss Warranty Act claim for failing to name at least 100 named plaintiffs; Court rejected the notion it had jurisdiction over the MMWA claim based on diversity.

Lead counsel in a proposed class action alleging violations of state and federal warranty laws brought on behalf of a Wisconsin resident. Liv successfully obtained dismissal of the case on grounds that Illinois lacked sufficient contacts to confer general personal jurisdiction over American Honda.

Lead counsel in a proposed class action alleging violations to the Telephone Consumer Protection Act (TCPA) that was successfully resolved on very favorable terms prior to the filing of a responsive pleading.

Co-lead counsel in a proposed class action against Toyota Motor Sales U.S.A. alleging excessive oil consumption in certain Toyota vehicles; successfully argued Plaintiff lacked standing; case was dismissed, with costs awarded to Toyota.

In a proposed class action brought by Oregon and Washington residents against Ford Motor Co., Inc. in California, successfully argued that the State of California lacked sufficient contacts to assert general personal jurisdiction over Ford. Plaintiffs declined to appeal the district court’s dismissal of Ford.

Lead counsel in an MDL consolidating nine consumer class actions filed throughout the U.S. alleging 2015 Honda CR-Vs vibrate excessively.  Resolved favorably through a Rule 23(b)(2) settlement where the remedy is to provide “enhanced” notice of pre-existing, effective countermeasures to the relatively few consumers who complained.

Lead counsel in a proposed class action alleging an internet advertising service provider breached its service agreements by invoicing allegedly misleading charges; successfully resolved after preliminary motion practice and targeted discovery of plaintiff.

Lead counsel in a proposed class action against U.S. automotive distributor and foreign parent alleging the pedal bracket assembly in certain vehicles was defective; Plaintiffs sought to certify classes and subclasses in more than ten states. Resolved on favorable terms after a favorable ruling on a motion to dismiss and targeted discovery of plaintiffs.

Lead counsel in a proposed class action alleging Defendants sent unwanted facsimile advertisements to Plaintiff and members of the proposed classes. Defeated class certification by successfully proving Plaintiff and all of its counsel (more than 10 lawyers and 3 law firms) were inadequate.

Insights

View all

Credentials

B.A., University of Illinois, Phi Beta Kappa

J.D., Northwestern University School of Law, cum laude, Order of the Coif

California

Illinois

Supreme Court of the United States

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the Central District of California

U.S. District Court for the District of Colorado

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Southern District of Indiana

Member, American Bar Association, Sections of Litigation, Class Actions and Derivative Suits, Antitrust (Consumer Protection and Information Privacy and Security), and Products Liability (Food and Supplements)

Member, California Bar Association

Member, Illinois Bar Association

Member, Women’s Bar Association of Illinois (Co-Chair, Judicial Reception; Co-Chair, Top Women Lawyers in Leadership)

French

Named to The Best Lawyers in America for Consumer Law


2015–2018

Recognized by Leading Lawyers Network


2014–2018

Named among the “Top Lawyers in Illinois” in Advertising & Media Law and Class Action Mass Tort Defense Law


Illinois Super Lawyer (2017, 2018)

Icon close

Close

Recognition

Named to The Best Lawyers in America for Consumer Law


2015–2018

Recognized by Leading Lawyers Network


2014–2018

Named among the “Top Lawyers in Illinois” in Advertising & Media Law and Class Action Mass Tort Defense Law


Illinois Super Lawyer (2017, 2018)