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Morgan Lewis

Elizabeth B. Herrington

Partner

beth.herrington@morganlewis.com

Chicago Phone +1.312.324.1445 Fax +1.312.324.1001

110 North Wacker Drive//Chicago, IL 60606-1511//United States

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.

Selected Representations

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.

Internal Investigations

  • 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.

Automobile Litigation

  • Represented automobile manufacturers in litigation and dealer disputes.

Awards and Affiliations

Notable Gen X Leader, Crain’s Chicago Business (2022)

Ranked, Litigation: General Commercial, Illinois, Chambers USA (2022)

Recommended, Dispute resolution: General commercial disputes, The Legal 500 US (2020–2022)

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, 2022, 2023)

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

Member, American Bar Association

Member, Missouri Bar Association

Member, Chicago Inn of Court

Member, The Chicago Club

Admissions

  • Illinois
  • Missouri
  • Supreme Court of the United States
  • 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

Education

  • University of Illinois College of Law, 1997, J.D., Cum Laude
  • Miami University, 1994, B.A., Cum Laude

Sectors

  • Retail & Ecommerce
  • Technology
  • Healthcare
  • Transportation
  • Automotive & Mobility
  • Banking

Services

  • Litigation, Regulation & Investigations
  • Commercial Litigation
  • Healthcare & Life Sciences Litigation
  • Privacy & Cybersecurity

Regions

  • North America

Events

2/23/2022 - Morgan Lewis Automotive Hour Webinar Series
2/7/2022 - Federal Banking Regulators Issue 36-Hour Cybersecurity Breach Notification Requirement
6/3/2021 - Your IT Infrastructure and Systems – Cybersecurity and Data Privacy
4/29/2021 - Privatization of the Vaccine Rollout Webinar Series
5/14/2020 - The Future of Mobility from Escooters to Robotic Skeletons
3/20/2018 - 14th Annual Retail and Ecommerce Roundtables
5/25/2017 - 2017 Technology May-rathon: Shelter from the Storm: CDA and DMCA Developments
5/31/2016 - 2016 Technology May-rathon: Don't Get Tricked by the Click

News

12/12/2022 - Crain’s Chicago Business Names Elizabeth Herrington a Notable Gen X Leader
12/8/2022 - Notable Gen X Leaders in Law, Crain’s Chicago Business
5/30/2020 - The Effects of COVID-19 on Mobility: A Q&A with Industry Leaders Joan Haratani and Elizabeth Herrington
7/31/2018 - Crain’s Custom Media Names Elizabeth B. Herrington, Julie K. Stapel 'Notable Women Lawyers in Chicago'
8/15/2017 - New Head, New Direction for 7th Circuit Bar Group, Chicago Daily Law Bulletin
8/3/2017 - Crain’s Chicago Names Morgan Lewis Partner Beth Herrington Among the City’s Most Influential Women Lawyers
5/25/2017 - Morgan Lewis Chicago Office Recognized for Pro Bono Contributions to Settlement Assistance Program
1/25/2016 - Morgan Lewis Chicago: Winning Trial Team Gets Stronger With New Partners
1/20/2016 - Morgan Lewis Adds Prominent Litigator Beth Herrington in Chicago

Publications

Q3 | 2022 - Morgan Lewis Automotive & Mobility – Q3 | 2022
Q2 | 2022 - Morgan Lewis Automotive & Mobility – Q2 | 2022
Q1 | 2022 - Morgan Lewis Automotive & Mobility – Q1 | 2022
1/28/2022 - FTC Settles Consumer Review Charges against Fashion Nova and Signals More Action to Come
Q4 | 2021 - Morgan Lewis Automotive & Mobility – Q4 | 2021
1/26/2022 - Automotive Industry: Year in Review 2021
11/19/2021 - Beware of Biometrics: Complying with Illinois’ Biometric Information Privacy Act
Q3 | 2021 - Morgan Lewis Automotive & Mobility – Q3 | 2021
Q2 | 2021 - Morgan Lewis Automotive & Mobility – Q2 | 2021
Q1 | 2021 - Morgan Lewis Automotive & Mobility – Q1 | 2021
2015-2022 - Morgan Lewis Automotive & Mobility
Q4 | 2020 - Morgan Lewis Automotive & Mobility – Q4 | 2020
1/13/2021 - State and Local Survey of Laws Regulating Escooter Sharing Services
Q3 | 2020 - Morgan Lewis Automotive & Mobility – Q3 | 2020
Q2 | 2020 - Morgan Lewis Automotive & Mobility – Q2 | 2020
Q1 | 2020 - Morgan Lewis Automotive & Mobility – Q1 | 2020
Q4 | 2019 - Morgan Lewis Automotive & Mobility – Q4 | 2019
Q3 | 2019 - Morgan Lewis Automotive & Mobility – Q3 | 2019
Q2 | 2019 - Morgan Lewis Automotive & Mobility – Q2 | 2019
Q1 | 2019 - Morgan Lewis Automotive – Q1 | 2019
2/13/2019 - Beth Herrington: Tips for a Successful Legal Career
2/12/2019 - Harm Is Not Required to Sue Under Illinois Biometric Privacy Statute
Q4 | 2018 - Morgan Lewis Automotive – Q4 | 2018
5/17/2016 - Supreme Court Issues Closely Watched Article III Standing Decision
1/22/2016 - US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez