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Michael C. McCutcheon

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Michael C. McCutcheon is a partner in Baker McKenzie's Chicago office. He regularly represents US and international entities in complex commercial litigation and arbitration matters. Michael has contributed articles to Law360, the Illinois Institute for Continuing Legal Education on advanced trial practice, Illinois Association of Defense Trial Counsel's Quarterly, Defense Research Institute's For the Defense and In-House Defense Quarterly, and the Loyola Consumer Law Review. He is also an active participant in the Firm's pro bono program and was the inaugural recipient of the Firm's "Award of Excellence" for pro bono and public service. Michael focuses on diverse matters involving international commercial litigation and arbitration, with emphasis on the financial, private equity, manufacturing and consumer goods industries. He is particularly experienced in the defense of class action lawsuits and has published on the topic extensively throughout his career. He also advises on litigation prevention, risk management as well as regulatory compliance matters arising under a broad range of federal and state privacy, consumer, and health and safety statutes. Michael has extensive trial and appellate experience, and has been recognized by his peers in the areas of class action and mass tort litigation.

In brief The recent surge in cases under the Video Privacy Protection Act (VPPA) underscores its critical role in addressing consumer privacy concerns in the digital age. The 1988 Act prohibits a “video tape service provider”, with certain exceptions, from the disclosure of video rental or purchase records containing personally identifiable information of any “consumer”. The Second Circuit has recently held in Salazar v. National Basketball Association, that the federal statute is “no dinosaur” and…

In brief In Esparza v. Kohl’s, Inc., Plaintiff brought a putative class action accusing Kohl’s of allowing a third party to unlawfully eavesdrop on him while he had a brief conversation with an agent on a chat feature on Kohl’s website. Kohl’s moved to dismiss all claims, but the United States District Court for the Southern District of California granted the motion only as to the claims for violation of the California Constitution and intrusion upon…