Practice Areas

In Re: TJX Retail Security Breach Litigation,

MDL No. 1838.

Ben Barnow served as one of Co-Lead Settlement Class Counsel for the Consumer Track in this MDL proceeding relating to the theft of approximately 45,000,000 credit and debit card numbers used at TJX stores and the personal information of over 454,000 TJX customers. Mr. Barnow was the architect of a settlement that made available benefits valued at over $200 million to the Class. The Honorable Judge Young granted final approval to the settlement, which he referred to as “excellent” and as containing “innovative” and “groundbreaking” elements. The structure of this settlement has come to serve as a blueprint for many data breach class action settlements to date.

Warner v. Toyota Motor Sales, U.S.A., Inc.

Ben Barnow served as one of Co-Lead Counsel in this litigation regarding claims of excessive frame rust to certain Toyota vehicles, yielding a recent landmark settlement estimated at $3.4 billion. Under the settlement, owners of 2005–2010 Toyota Tacoma, 2007–2008 Toyota Tundra, and 2005–2008 Toyota Sequoia vehicles are eligible for free frame inspections for a period of twelve years from the date the vehicle was originally sold or leased, or one year from the date of the Final Order and Judgment, whichever is longer. Vehicles that exhibit excessive frame rust are eligible for a free frame replacement under the settlement.

Schwab v. America Online, Inc.

America Online Access Litigation

Ben Barnow served as Class Counsel and Co-Chair in this highly publicized litigation relating to AOL’s representation that users would have unlimited access to AOL for $19.95/month and the connectivity problems that ensued in conjunction therewith. In the face of what was ultimately over one hundred class actions filed nationwide, Mr. Barnow organized over 50 law firms and set up the co-chairmanship and the Executive Committee, which brought order and resolution to this litigation. A settlement was reached and was granted final approval, resulting in a multi-million dollar benefit to a Class estimated to include over 8 million people.

Wisconsin Civil Microsoft Antitrust Litigation

Ben Barnow was one of Co-Lead Class Counsel in this indirect purchaser antitrust lawsuit. Mr. Barnow and his co-counsel successfully petitioned the Wisconsin Supreme Court to recognize the rights of indirect purchasers to recover under Wisconsin’s antitrust laws. Olstad v. Microsoft Corp., 700 N.W.2d 139 (Wis. 2005). Subsequently thereto, Mr. Barnow negotiated a settlement valued at approximately $224 million that was granted final approval by the Court.