Barack Ferrazzano Kirschbaum & Nagelberg, based in Chicago and Minnesota, is a litigation group that specializes in the motor vehicle and luxury goods industries. The firm keeps its teams lean with an eye toward achieving the client’s goals without delays. The firm’s in-house eDiscovery technology allows it to manage data while reducing client costs. Clients include financial institutions, manufacturers, REITs, hedge funds, law firms, and consumer goods companies.
Robert Shapiro is among the firm’s multi-disciplined litigators and has experience in intellectual property, antitrust, and commercial competition disputes. He focuses on serving clients in the fashion and luxury retail sectors. Shapiro recently defended Sephora in a class action in the U.S. District Court, claiming that “Clean at Sephora” labels are misleading because some products with that language contain synthetic and/or allegedly harmful ingredients. Shapiro argued that the label isn’t misleading because “Clean at Sephora” is conspicuously defined to mean that only certain and specific ingredients are natural. The court found in Sephora’s favor.
Shapiro and Maile Hitomi Solís, a co-chair of the firm’s litigation group, are lead counsel defending luxury designer brand Christian Dior in a Biometric information Privacy Act (BIPA) lawsuit alleging that the “virtual try-on” feature for eyewear collects BIPA-regulated biometric information in violation of the law. The team obtained a dismissal at district court, and it was ruled that the feature was not in violation of BIPA.
Solís acts as national counsel to Louis Vuitton and joined the team, led by Owen Smith, in defense of the luxury client against a putative class action. The lawsuit alleged antitrust claims, specifically that Vuitton’s “no-hire agreements” impede competition and compensation for employees within the high-end retail market. Solís and Smith took the lead in the briefing with the co-defendants and secured a dismissal with prejudice earlier this year. A decision from the Second Circuit is pending.
Smith also chairs the motor vehicle group that specializes in handling litigation for industry-leading motor vehicle companies. In Illinois, Smith is challenging the constitutionality of the Multiplier Act, an amendment to the Motor Vehicle Franchise Act that changed how much manufacturers must reimburse dealers for warranty services and restricts them from recovering costs associated with the act. The case is being litigated, and Smith is seeking an injunction and a declaration that the amendment is unconstitutional on behalf of Volkswagen.
Connor Grant’s complex litigation experience includes class actions and contract disputes. He joined Solís and Smith in the Louis Vuitton case and teamed up with Shapiro in the defense of Christian Dior Perfumes in a false advertising Class Action. Dior sold two foundation products that referenced “24H Foundation” and “24H Wear” on its front packaging. The plaintiff alleged that consumers were misled into believing that the sunscreen would also last for 24 hours. The judge dismissed all claims with prejudice.
