Michael O’Neil has concentrated his practice primarily in the area of commercial litigation, and has tried jury and bench trials in both state and federal courts. Much of his practice involves defending claims under the federal Fair Credit Reporting Act (FCRA) and related state and federal consumer privacy laws, including those governing the insurance and other industries. He has represented credit bureaus, insurers, and other users and furnishers of consumer data, in proceedings ranging from state insurance department inquiries to multiple consolidated nationwide class actions.

Mr. O’Neil’s practice also includes counseling clients regarding compliance with state and federal laws which govern the use and disclosure of consumer information. Mr. O’Neil has advised clients regarding the FCRA, the separate privacy and information security rules issued under the Gramm-Leach-Bliley (GLB) Act, as well as the HIPAA privacy and data security rules.

Mr. O’Neil has advised clients within all verticals of the life, health and property casualty insurance industry -- from insurers and reinsurers to insurance agencies and brokers, as well as third-party administrators and data processing vendors. He also assists clients in negotiating, structuring and drafting contracts which involve the licensing or other use or disclosure of consumer information.

Mr. O'Neil's litigation experience includes:

• Defended national credit bureau in connection with 14 nationwide class actions challenging the use of consumer information under the FCRA and state common law. See, e.g., In re: Trans Union Privacy Litigation, 2005 WL 2007157 (N.D. Ill. Aug. 17, 2005); 326 F.Supp. 893 (2004); 211 F.R.D. 328 (2002);
• Prosecuted and defended actions involving the hiring of competitors’ employees and/or misappropriation of customer information (in a variety of industries, from the small tool industry to the environmental consulting industry, See, e.g., Dames & Moore v. Baxter & Woodman, Inc., 21 F.Supp.2d 817 (N.D. Ill. 1998); Avnet, Inc. v. Nicolucci, 679 So.2d 7 (Fla. App. 1996);
• Challenged federal agency consumer privacy regulations issued under the Gramm-Leach-Bliley Act. Trans Union, LLC v. Federal Trade Commission, et al., 141 F.Supp.2d 62 (D.D.C. 2001);
• Argued before the Illinois Supreme Court in action challenging application of state environmental regulatory statute. Envirite Comp. v. Illinois E.P.A., 632 N.E.2d 1035 (Ill. 1994);
• Defended and prosecuted actions for breach of representation/warranty in connection with asset purchase and stock purchase agreements. See, e.g., Roadmaster Industries, Inc. v. Columbia Mfg. Co., 893 F.Supp. 1162 (D. Mass 1995);
• Defended against federal civil rights claims. E.g., Procopio v. Johnson, 994 F.2d 61 (7th Cir. 1993);
• Represented a property and casualty insurer in multiple, separate claims brought by insurance applicants for use of risk scores for underwriting purposes;
• Appointed Special Assistant Illinois Attorney General to represent a state agency in connection with several actions challenging regulation of underground storage tanks. OK Trucking Co. v. Armstead, 653 N.E. 2d 863 (Ill. App. 1st Dist. 1995); First of America Trust Co. v. Armstead, 646 N.E.2d 302 (Ill. App. 3d Dist. 1995);
• Prosecuted and defended legal malpractice actions, and defended mid-size accounting firms in malpractice and fraud actions;
• Defended against breach of contract claims arising from the alleged improper use of bank customer information (including a 3-week jury trial in federal court); and
• Defended a disability insurer in coverage litigation. Grossman v. Minn. Mutual Life Ins. Co., 842 F.Supp. 308 (N.D. Ill. 1993).

ZULASSUNGEN

• Illinois
• Federal Trial Bar