Kenneth M. Kliebard

Ken devotes the majority of his practice to defending antitrust and consumer protection matters on behalf of product manufacturers, financial services companies, consumer service providers, and healthcare providers. He has litigated a wide variety of antitrust claims under the Sherman Act, Clayton Act, and the Robinson-Patman Act.  He has experience litigating a broad array of claims arising under many federal and state consumer protection statutes with a particular focus on defending financial services and marketing firms. Ken’s experience extends to regulatory and compliance investigations and lawsuits initiated by the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Commodity Futures Trading Commission (CFTC), state attorneys general, and commodity exchanges.  Some of his cases have involved novel legal issues in which Ken was able to obtain full dismissals, defeat class certification, or win summary judgment.  For example, Ken won summary judgment in a high-stakes class action lawsuit that was spawned by a US Senate investigation and a highly critical Senate report into his client’s business practices. 

He is a fierce advocate for his clients.  An appellate brief he authored was praised by Judge Richard Posner as “exceptional” in a case of first impression was included as an exemplar in a legal textbook published by Matthew Bender titled, "The Question Presented.” As an appellate advocate, he won three state Supreme Court appeals in consumer protection class actions presenting novel issues.

When settlement is desirable, Ken has negotiated settlements that have been upheld under the Class Action Fairness Act. And when an indemnitor challenged a class action settlement Ken obtained as excessive, a federal appellate court rejected that argument and held the “settlement was eminently reasonable… a bargain….” Bank One, N.A. v. Echostar Acceptance Corp., 380 Fed. Appx. 513, 521 (6th Cir. 2010). 

Ken has been sought out to speak on pressing legal issues by major news outlets, such as CNBC (Power Lunch, On the Money, and Closing Bell), The National Law Journal, The Recorder, and by various trade publications.

Ken is admitted to practice in Illinois and before the US Courts of Appeals for the Third, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits; the US District Court for the Northern District of Illinois (General and Trial Bar); the US District Court for the Southern District of Illinois; the US District Court for Nebraska, and the US District Court for the Eastern District of Wisconsin.

Ken maintains an active pro bono practice.

• Successfully defended an online marketing company in a class action challenging online marketing where the consumer agreed (through acceptance of online terms and conditions) to share their data. Our client’s marketing practice was the subject of a highly critical US Senate investigation. The plaintiffs alleged claims under RICO, ECPA, and state consumer protection laws. We won an early motion to dismiss, which disposed of the RICO claims. At the summary judgment phase the court agreed with us that the plaintiffs were not deceived because the terms of the transactions were fully disclosed. Our win was affirmed by the US Court of Appeals for the Second Circuit.
• Successfully represented one of the nation’s largest retail pharmacy store chains in a consumer class action challenging our client’s taxation of retail products. Even though our client publicly acknowledged the mistake, we won dismissal in the trial court under the common law voluntary payment doctrine. Although that decision was unanimously overturned by the Illinois Appellate Court, we persuaded the Illinois Supreme Court to issue a rare grant of discretionary review. The Illinois Supreme Court recently ruled in our favor in a 6-1 decision, which effectively ended dozens of consumer tax class actions pending in Illinois.
• Successfully represented one of the largest US retail banks in defending a series of qui tam lawsuits and class actions filed by municipalities throughout the country concerning real estate transfer taxes following real property foreclosures. We defeated all of the lawsuits, including victories in the US Court of Appeals for the Sixth Circuit and the Oklahoma Supreme Court.
• Successfully represented an online retailer in obtaining an eight-figure judgment against a business partner in a contract dispute. The lawsuit involved novel issues of the enforceability of liquidated damages provisions, and the decision was affirmed by the New York Appellate Division.