Todd C. Jacobs

overview

Todd Jacobs is a nationally recognized trial lawyer and the founding partner of our Chicago office.

He brings to the firm 35 years of experience resolving high-stakes disputes. Todd has been lead counsel to some of the most sophisticated legal consumers in America in their most sensitive matters and currently serves as National Coordinating Counsel for the world’s largest insurance company with respect to sexual abuse claims - including in 14 Chapter 11 bankruptcies pending across the country. Over the course of his career, Todd has handled complex litigation matters encompassing many areas of the law - ranging from the first internet privacy class actions filed in the United States to the first 524(g) mass tort bankruptcy.

As the former Chicago managing partner for two leading litigation firms - one a multi-office international firm and the other a boutique - Todd possesses a seat at the table understanding of the Chicago legal market. He has also for more than two decades been a member of the Northern District of Illinois’ Trial Bar and represented numerous pro bono clients at the Court’s request including through jury trials.

experience

Currently National Coordinating Counsel for an international insurer in respect of sexual abuse claims. Cases pending in state and federal courts in California, Delaware, Illinois, Louisiana, Michigan, New Jersey, New York, Ohio, Pennsylvania and Texas. Learn more: Wall Street Journal and Law360.
Currently representing two additional leading insurers with respect to sexual abuse claims in pending west coast bankruptcies.
Currently representing two international insurers in respect of alleged coverage for environmental contamination and PFAS claims.
Currently representing an international insurer in New York state court and a simultaneous JAMS mediation in respect of alleged coverage for asbestos claims.
Currently representing a major technology provider in putative class action litigation in the Northern District of Illinois and the Circuit Court of Cook County under the Illinois Biometric Privacy Act.
Represented a prominent plaintiff's class action firm in proceedings on remand from the Ninth Circuit Court’s reversal of a post-certification class action settlement. Briseño, et al. v. M. Todd Henderson v. Conagra Foods, Inc., 998 F.3d 1014 (9th Cir. 2021).
Represented an international insurer in respect of Covid-19 business interruption claims. Case dismissed with prejudice on motion to dismiss. Great River Entertainment, LLC v. Zurich American Insurance Co., 3:21-cv-00035 (N.D. Iowa Apr. 16, 2021) Learn More
Defended the Executive Manager of a Chicago-based derivatives trading firm in a 7-day Financial Industry Regulatory Authority (FINRA) arbitration (by Zoom during pandemic) alleging breach of fiduciary duty. Defense judgment obtained and attorney’s fees awarded.
Represented Amazon.com in N.D. Ill. putative class action concerning alleged improper charges for Amazon Prime accounts.
Represented Microsoft in N.D. Ill. putative class action concerning alleged improper charges for Xbox Live accounts.
Represented Zebra Technologies in trade secret litigation in Massachusetts federal court in respect of real time sports and tracking technology provided to the National Football League.

Counsel to a gourmet pet food manufacturer in respect of consumer fraud claims alleging ingredients were not “made in the USA.” Putative class action dismissed with prejudice for failure to allege compensable damages. Sabo v. WellPet, LLC, 1:16-cv-08550 (N.D. Ill, April 21, 2017).
Counsel to Nissan North America in putative nationwide class action alleging concealment of design defects in Altima and Maxima vehicles. Case dismissed with prejudice on jurisdictional grounds and for failure to state a claim. DeMaria v. Nissan North America, Inc., 2016 WL 374145(N.D. Ill. Feb. 1, 2016).
Co-lead counsel for CNA in the seminal Ninth Circuit decision establishing insurer standing to object to Chapter 11 reorganization plans in mass tort bankruptcies. In re Thorpe Insulation Co., 677 F.3d 869 (9th Cir. 2012).
Lead counsel for Groupon in a variety of matters, including shareholder derivative actions, consumer class actions, intellectual property matters and commercial contract actions.
Lead counsel for Amazon.com, DIRECTV and RealNetworks in U.S. Supreme Court appeal concerning enforcement of arbitration provisions banning class actions. The Supreme Court recently upheld the legality of such provisions (see description of RealNetworks’ privacy cases immediately below).
National coordinating counsel for streaming media pioneer RealNetworks in multidistrict privacy class-action litigation relating to RealPlayer and RealJukebox software. Lieschke v. RealNetworks, Inc., 2000 WL 198424 (N.D. Ill. 2000); In re RealNetworks, Inc. Privacy Litigation, 2000 WL 631341 (N.D. Ill. 2000); RealNetworks, Inc. v. Superior Court in and for the County of Orange, 2001 WL 1527492 (Cal. Ct. App. 2001) (sixteen nationwide putative class actions dismissed and claims ordered into individual, non-class arbitrations).
Lead counsel for IBM in disputes relating to implementation of Enterprise Resource Planning (ERP) and related software. Irwin Seating Co. v. IBM, 2009 WL 32711 (6th Cir. 2009) (affirming grant of summary judgment to IBM on all claims); Business Systems Engineering v. IBM, 547 F.3d 882 (7th Cir. 2008) (affirming grant of summary judgment to IBM on all claims), 249 F.R.D. 313 (awarding costs); M. Block & Sons, Inc. v. IBM, 2004 WL 1557631 (N.D. Ill. 2004) (dismissing fraud, breach of contract, negligent misrepresentation and warranty claims).
Lead counsel for RealNetworks in defense of consumer class actions relating to the RealOne online subscription service. Koresko v. RealNetworks, Inc., 291 F. Supp. 2d 1157 (E.D. Cal. 2003) (dismissing case pursuant to End-User License Agreement forum selection clause).
Counsel for Amazon.com in defense of patent infringement claims relating to online personalization technologies. Pinpoint, Inc.v.Amazon.com, Inc., 347 F. Supp. 2d 579 (N.D. Ill. 2004) (Posner, J. sitting by designation) (case dismissed for lack of standing); 369 F. Supp. 2d 995 (N.D. Ill. 2005) (subsequently filed case dismissed with prejudice following favorable claim construction).
Trial counsel for CNA in New York state court class action litigation (four-month bench trial) pertaining to alleged unaggregated “non-products” exposure for asbestos bodily injury claims. Continental Casualty Co. v. Employers Ins. Co. of Wausau, et al., 871 N.Y.S. 2d 48 (N.Y. App. Div. 2008) (Phase I) (no coverage for class claims). Todd subsequently represented CNA as lead counsel in two California state court cases and one Los Angeles-based bankruptcy proceeding presenting similar issues. Employers Reinsurance Co. v. Superior Court, 161 Cal. App. 4th 906 (Cal. Ct. App. 2008).
Trial counsel for Fireman’s Fund in bankruptcy court litigation seeking coverage for asbestos bodily injury and asbestos property damage claims. Celotex Corp. v. AIU Ins. Co. 216 B.R. 867 and 222 B.R. 644 (Bankr. M.D. Fla. 1998) (defense judgment on late-notice grounds); 251 B.R. 163 (awarding costs). The judgment in Fireman’s Fund’s favor was affirmed by the United States Court of Appeals for the Eleventh Circuit. In re Celotex Corp., 299 Fed. Appx. 850 (11th Cir. July 7, 2008). In related contribution litigation, Todd successfully represented Fireman’s Fund in its efforts to recover millions of dollars in defense costs from a non-defending primary insurer. Fireman’s Fund Ins. Co. v. Hartford Accident and Indemnity Co., 2011 WL 1303148 (N.D. Ohio Mar. 31, 2011).

thought leadership

Contributor, "Parker Hudson Steps Into Chicago With Bradley Riley Duo," Law360 (May 17, 2023)
Co-Chair, Perrin Chicago Class Action Litigation Conference (September 2018)
Co-Chair, Perrin Chicago Class Action Litigation Conference (May 31, 2017)
Presenter, Spotlight on Personal and General Jurisdiction Trends in Class Action Practice, American Conference Institute (June 9-10, 2016)
Co-Chair, Perrin Chicago Class Action Litigation Conference (May 17, 2016)
Presenter, Challenges to Ascertainability and ‘Fail-Safe’ Classes and Challenges to Article III Standing and the Issue of Absent Class Member Injury, Challenges to Class Membership seminar, Chicago Bar Association (May 14, 2015)
Co-Chair, Perrin Chicago Class Action Litigation Conference (May 6-7, 2015)
Presenter, Legal Ethics and Social Media (May 18, 2014)
Co-Author, “Enforcing Clickwrap Agreements,” National Law Journal (March 11, 2002) (with Gary Miller)

areas of focus

Commercial Disputes
Business Torts & Unfair Competition
Insurance Coverage Litigation
Consumer Class and Mass Action Defense
Bankruptcy, Restructuring & Creditor Rights
Intellectual Property & Restrictive Covenants
Mass Tort Insurance Coverage and Bankruptcy
Privacy & Data Security

education

Harvard Law School Executive Education Program, Leadership in Law Firms (2010)
University of Virginia School of Law, (J.D., 1989); Order of the Coif
University of Iowa, (B.S. with Highest Distinction, 1986); Phi Beta Kappa (as a junior, one of seven students university-wide)

accolades

Recognized by The Best Lawyers in America in Commercial Litigation (2015-2025) and Insurance Law (2015-2025)
Selected as a “Leading Illinois Civil Defense Lawyer” by Chicago Lawyer Magazine (2017-2023)
Selected as one of the “Top Lawyers in Illinois” and “Leading Lawyer” in Class Action/Mass Tort Defense Law, Commercial Litigation, Insurance, Insurance Coverage & Reinsurance Law by Chicago Law Bulletin (2005-present)
Selected as a “Business Litigation Super Lawyer” by Chicago Magazine’s Annual Guide to the Top Attorneys in Illinois (2005-present)
Honorary North American Member, The Commercial Bar Association, specialist bar association of barristers advising the international business community (2008-present)

professional affiliations

Chicago Bar Association
U.S. Advisory Board for the Institute for Consumer Antitrust Studies, Loyola University Chicago

Admitted to practice

Illinois
United States District Court for the Northern and Central Districts of Illinois (Including Trial Bar)
United States District Court for the Eastern and Western Districts of Michigan
United States District Court for the District of Colorado
United States District Court for the Middle District of Florida
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Eleventh Circuit
United States Supreme Court