Elizabeth (“Beth”) Herrington focuses her practice on complex commercial and class action litigation across the United States, including management of multi-jurisdictional related investigations and litigation. Many challenges facing companies today present multiple dimensions and Beth works with companies to shape overall strategy to successfully navigate these challenges. Beth regularly represents domestic and international retail/eCommerce companies, technology and mobility companies, consumer service providers, and product manufacturers in high-exposure investigations and lawsuits that involve fraud, privacy claims, tax, and trade secret theft.
Beth has tried numerous lawsuits and arbitrations throughout the United States in both federal and state courts. She also regularly assists clients in strategic planning issues and the negotiation, mediation, and resolution of significant disputes before they go to litigation.
Beth is the leader of Morgan Lewis’s Chicago Litigation Practice Group. She has been highlighted by the Law Bulletin Publishing Company as “a skilled attorney with the highest level of integrity” who “possesses an unusual ability to handle the multi-faceted aspects of complex litigation under difficult circumstances, while maintaining her focus and inspiring the confidence of her client.” In 2017 and 2018, Crain’s Chicago named Beth one of Chicago’s Most Influential Women Lawyers. Beth has also been selected by her peers for inclusion in The Best Lawyers in America since 2013 and in Illinois Super Lawyers since 2015. The Legal 500 United States recognized Beth as one of the leading US trade secret and commercial litigators in the country.
In addition to Beth’s trial work, Beth is the past President of the Seventh Circuit Bar Association and an active member of the Chicago Inn of Court. She also sits on the Boards of numerous charitable organizations.
Recent Representative Experience
Counsel for retail/eCommerce and technology companies in investigations, compliance, taxation issues, and privacy claims.
National counsel to Expedia, Inc. and its affiliates in more than 90 tax cases and related consumer class actions in 28 states brought by states, counties, and cities.
Counsel for defense of Biometric Information Protection Act (“BIPA”) consumer class actions in Illinois and privacy litigation.
Representing technology/telecommunications company in investigations, class actions, and arbitration proceedings.
Representing automobile manufacturer in commercial, labor, and dealer litigation.
Representing financial services company in joint venture dispute and related litigation.
Representing private equity portfolio company in high-stakes trade secret and noncompete cases.
Consumer Fraud & Products Liability
Represented numerous online travel and technology companies in a consumer class action regarding fraud allegations.
Represented a manufacturer in a multidistrict consumer fraud class action relating to an alleged defect in washing machines.
Represented medical device companies in numerous litigation matters.
Conducted a variety of internal investigations of potential fraud and misconduct.
Counseled clients on compliance programs.
Trade Secret and Noncompete Litigation
Represented various types of companies in trade secret and/or cases involving noncompete issues throughout the United States.
Represented automobile manufacturers in litigation and dealer disputes.
University of Illinois College of Law, 1997, J.D., Cum Laude
Miami University, 1994, B.A., Cum Laude
US Courts of Appeals for the Second, Seventh, Tenth, and Eleventh Circuits
US District Courts for the Northern Central and Southern Districts of Illinois
US District Court for the Western District of Michigan
US District Court for the Eastern District of Missouri
US District Court for the Eastern District of Wisconsin
Awards and Affiliations
Recommended, Dispute resolution: General commercial disputes, The Legal 500 US (2020)
Recommended, Media, technology and telecoms: Cyber law (including data privacy and data protection), The Legal 500 US (2018)
Chicago’s Notable Women Lawyers, Crain’s Custom Media (2017, 2018)
Recognized, Commercial Litigation, Chicago, The Best Lawyers in America (2013–2020)
Top Woman Lawyer, Best Lawyers (2016–2020)
Recognized, Illinois Super Lawyers (2015–2020)
Recognized, Illinois Super Lawyers “Rising Star” (2010)
Member, Board of Directors of the Lurie Children’s Hospital Foundation
Member, Board of Directors of the Women's Lincoln Park Zoo Board
Member, Board of Directors of the Constitutional Rights Foundation Chicago
President, Seventh Circuit Bar Association
Co-chair of Seventh Circuit Bar Association 2012 Annual Meeting
Member, International Association of Defense Counsel