Mark S. Eisen
Co-Chair, Privacy Litigation & Compliance Practice Group; Co-Chair, Class Action Practice Group
He / Him / His
Overview
Mark’s practice focuses on defending companies against consumer fraud and statutory class actions. Mark defends cases alleging theories of false labeling and deceptive practices and defends all manner of statutory privacy claims, including those brought under the Telephone Consumer Protection Act, the Fair Credit Reporting Act, the Fair and Accurate Credit Transactions Act and the Biometric Information Privacy Act.
Mark’s practice is truly nationwide. Over the last five years, he has defended cases in Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, South Carolina, Ohio, Pennsylvania, Utah, Texas, Washington and Wisconsin.
What I Do
Featured endorsements
Experience
Secured dismissal with prejudice for national consumer health company in defense of consumer class action concerning product labeling.
Represented national consumer goods company in putative class action concerning alleged product defect.
Defended multiple first-of-their-kind lawsuits under state telemarketing laws.
Defended multiple class actions regarding the labeling of over-the-counter pharmacy products.
Defended threatened class action regarding the labeling of popular snack foods product.
Managed defense of series of class actions concerning the recall of a consumer good.
Coordinated the defense of multiple TCPA class actions against a medical device company, achieving a global resolution for pennies on the dollar.
Obtained dismissal of BIPA actions against a major grocery store company and airline service provider.
National TCPA and privacy counsel to one of the country’s largest dispensary software platforms.
Achieved dismissal with prejudice of FCRA action against a prominent jewelry company.
Quickly achieved a class resolution of a BIPA action against hospitality company.
Utilized novel “motions to deny class certification” to defeat class claims in a TCPA action and a consumer fraud action.
Achieved dismissal of myriad FACTA class actions in state and federal court.
National FACTA counsel for one of the country’s largest software providers.
National TCPA counsel to a major pharmacy company and diagnostic testing center.
Served as defense counsel in multiple benzene class action cases filed in Illinois and New York. Drafted motions to dismiss, assisted in mediation preparation and settlement negotiations, and negotiated indemnification from the manufacturer following benzene contamination in consumer product packaging.
Represented national consumer goods company in putative class action concerning alleged product defect.
Secured dismissal with prejudice for national consumer health company in defense of consumer class action concerning product labeling.
Achieved dismissal of myriad FACTA class actions in state and federal court.
Managed defense of series of class actions concerning the recall of a consumer good.
Defended threatened class action regarding the labeling of popular snack foods product.
Defended multiple class actions regarding the labeling of over-the-counter pharmacy products.
Defended multiple first-of-their-kind lawsuits under state telemarketing laws.
National FACTA counsel for one of the country’s largest software providers.
National TCPA counsel to a major pharmacy company and diagnostic testing center.
National TCPA and privacy counsel to one of the country’s largest dispensary software platforms.
Coordinated the defense of multiple TCPA class actions against a medical device company, achieving a global resolution for pennies on the dollar.
Quickly achieved a class resolution of a BIPA action against hospitality company.
Obtained dismissal of BIPA actions against a major grocery store company and airline service provider.
Achieved dismissal with prejudice of FCRA action against a prominent jewelry company.
Utilized novel “motions to deny class certification” to defeat class claims in a TCPA action and a consumer fraud action.
No results found
Credentials
Education
- Note Development Editor, Boston University International Law
Bar & Court Admissions
More
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Listed, The Best Lawyers in America® Ones to Watch, Commercial Litigation, 2021-2025
Related News & Insights
BIPA Game Changer: Seventh Circuit Caps Damages and Resets the Playing Field for Defendants
The Seventh Circuit has dramatically limited damages exposure for companies sued under Illinois’s Biometric Information Privacy Act (BIPA). In a …
Law360 Highlights Benesch Litigators Mark Eisen and Olivia Sullivan in Biometric Privacy Case
Law360 recently published an article highlighting Benesch Partner Mark Eisen and Senior Managing Associate Olivia Sullivan for their representation of Northwestern University in a biometric privacy lawsuit involving photographs taken at university events.
Law.com Quotes Partner Mark Eisen on the Evolving Landscape of Biometric Privacy Claims
Law.com Quotes Partner Mark Eisen on the Evolving Landscape of Biometric Privacy Claims
Benesch Partners Jennifer Hoover and Mark Eisen Featured in Law360 on THC Potency Class Action Dismissal
Benesch Partners Jennifer Hoover and Mark Eisen were featured in Law360’s article, “Court Grants Dismissal of THC Potency Action,” which …