Elizabeth B. Herrington
Elizabeth ("Beth") Herrington is a seasoned first-chair trial lawyer and strategic advisor who represents many of the world's leading technology companies in their most significant litigation, investigations, and enterprise-risk matters. Beth assists companies with complex legal questions stemming from innovation—whether involving AI, privacy, cybersecurity, digital platforms, cloud computing, biometric technologies, or other emerging technologies. Combining substantial trial experience with practical business judgment, Beth helps clients navigate legal risk from product development and governance through trial, appeal, and precedent-setting decisions.
Beth has built a national practice at the intersection of technology, business, and litigation. She represents large industry clients such as Microsoft, Expedia, and Snap in complex commercial litigation, nationwide class actions, AI-related disputes, privacy and cybersecurity matters, trade secret litigation, False Claims Act matters, regulatory investigations, and appeals. General counsel and executive leadership teams rely on her to develop litigation strategies that protect not only legal positions, but also business objectives, customer relationships, and corporate reputation.
Beth has successfully represented clients before juries, judges, arbitrators, and appellate courts across the United States. She is one of the few lawyers in the country who has tried two certified class actions. Her recent experience also includes obtaining a complete defense victory in a recent $50 million arbitration, securing precedent-setting dispositive rulings, coordinating nationwide litigation strategies, and handling appeals involving issues of first impression. She is known for translating highly technical concepts into persuasive courtroom advocacy and for helping clients resolve complex disputes efficiently while remaining prepared to take cases through trial when necessary.
Beth has also helped shape the law governing emerging technologies. She secured one of the earliest defense summary judgment victories under the Illinois Biometric Information Privacy Act, has represented large technology companies in significant biometric privacy litigation, and is among the few lawyers to have tried a biometric privacy case to a jury.
Increasingly, clients engage Beth well before disputes arise. She advises boards of directors, executive leadership, and in-house legal departments on AI governance, privacy-by-design, cybersecurity preparedness, product launches, enterprise risk, litigation readiness, and evolving regulatory expectations.
Beth leads Morgan Lewis’s Chicago litigation practice, serves on the firm's Advisory Board and its principal management committees, co-leads the technology industry team, and helps lead the firm's AI Strategic Counseling and AI Client Solutions initiatives. She works across practices to develop integrated strategies that address litigation, regulatory, and commercial considerations.
Beth has been recognized as Band 1 Chambers USA, The Legal 500 United States, Lawdragon, the National Law Journal, Illinois Super Lawyers, and Crain's Chicago Business for excellence in complex litigation and technology-related disputes. She is a past president of the Seventh Circuit Bar Association and is a frequent speaker and author on AI, privacy, cybersecurity, and technology litigation.
Helping Clients Navigate Emerging Technologies
- Represented Amazon in precedent-setting litigation involving biometric technologies, AI, and consumer-facing technologies, including matters presenting novel legal questions that have helped shape the development of Illinois biometric privacy law
- Represented Microsoft in high-stakes biometric privacy litigation involving cutting-edge technologies and complex class action issues with significant business and precedential implications
- Advised AI company on legal issues arising from the development and deployment of AI technologies and the evolving legal landscape governing generative AI.
- Counseled technology companies on litigation and enterprise risk involving AI, biometric technologies, facial recognition, voice technologies, digital identity, and other emerging technologies
Defending High-Stakes Class Actions
- Led the defense of nationwide consumer class actions involving privacy, AI, biometric technologies, and digital products for many of the world's leading technology companies
- Served as Expedia’s national coordinating counsel in complex, multi-jurisdictional litigation, developing unified defense strategies across jurisdictions and defending parallel class actions
- Secured dispositive victories and defeated class certification in complex technology-related litigation involving significant financial and reputational exposure
Protecting Flagship Products and Brands
- Defended flagship technologies and consumer products for global technology companies where litigation has the potential to affect product strategy, customer relationships, and brand reputation
- Representing automotive manufacturer in complex commercial and consumer litigation involving innovative technologies and business-critical products
Resolving Bet-the-Company Disputes
- Obtained a complete defense victory following trial in a $50 million commercial arbitration on behalf of Kingfa USA, prevailing on every claim in a highly technical commercial dispute
- Led Expedia's defense in complex False Claims Act and privacy litigation involving substantial financial exposure and significant regulatory issues
- Represented clients in high-value commercial disputes involving technology, trade secrets, unfair competition, contractual disputes, and enterprise risk
Shaping the Law
- Obtained one of the earliest defense summary judgment victories under the Illinois Biometric Information Privacy Act, helping establish important precedent for technology companies
- First-chaired a biometric privacy case through jury trial, being the only defense lawyer to do so
- Represented clients in litigation involving issues of first impression that help define the legal framework governing emerging technologies
Strategic Counseling
- Advised boards of directors, executive leadership, and in-house legal departments on AI governance, privacy-by-design, cybersecurity preparedness, data governance, product launches, litigation readiness, and enterprise risk.
- Develop integrated legal strategies that align litigation, regulatory compliance, and business objectives, enabling clients to innovate while managing legal risk.
- University of Illinois College of Law, 1997, J.D., cum laude
- Miami University, 1994, B.A., cum laude
- Illinois
- Missouri
- US Supreme Court
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Seventh Circuit
- US Court of Appeals for the Tenth Circuit
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Northern District of Illinois
- US District Court for the Central District of Illinois
- US District Court for the Southern District of Illinois
- US District Court for the Western District of Michigan
- US District Court for the Western District of Missouri
- US District Court for the Eastern District of Missouri
- US District Court for the Eastern District of Wisconsin
Recognized, Notable Women in Law, Crain’s Chicago Business (2026)
Recognized, Commercial Litigation, Who's Who Legal (2024)
Listed, Lawdragon's 500 Leading Global Cyber Lawyers, Chicago, Class Actions, Consumer Privacy, Cybersecurity (2025, 2026)
Class Action/Mass Tort Litigation Trailblazer, The National Law Journal (2023)
MVP, Cybersecurity & Privacy, Law360 (2023)
Notable Gen X Leader, Crain’s Chicago Business (2022)
Band 1, Litigation: General Commercial, Illinois, Chambers USA (2024–2026)
Ranked, Litigation: General Commercial, Illinois, Chambers USA (2022, 2023)
Recommended, Dispute resolution: General commercial disputes, The Legal 500 US (2020–2023)
Recommended, Media, technology and telecoms: Cyber law (including data privacy and data protection), The Legal 500 US (2018, 2023)
Chicago’s Notable Women Lawyers, Crain’s Custom Media (2017, 2018)
Listed, The Best Lawyers in America, Commercial Litigation, Chicago (2013–2020, 2022–2026)
Top Woman Lawyer, Best Lawyers (2016–2020)
Recognized, Illinois Super Lawyers (2015–2018, 2020, 2021, 2023, 2024)
Rising Star, Illinois Super Lawyers (2008–2010)
Member, Board of Directors of the Lurie Children’s Hospital Foundation
Member, Board of Directors of the Women's Lincoln Park Zoo Board
Former Member, Board of Directors of the Constitutional Rights Foundation Chicago
Former President, Seventh Circuit Bar Association
Former Co-chair, 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
Class Actions, Consumer Privacy, Cybersecurity