Justin Kay

Background

About Justin Kay

Justin Kay advises and defends business clients regarding their interactions and communications with consumers. He appears regularly on behalf of clients before federal and state courts, federal agencies and independent self-regulatory bodies, such as the National Advertising Division of the Better Business Bureau. Justin’s practice focuses on defending clients in the growing number of complex class actions arising under federal and state consumer protection and privacy laws such as the federal Telephone Consumer Protection Act, the Illinois Biometric Information Privacy Act and the California Consumer Privacy Act. Class Action Defense Justin assesses and defends every class action based on the same principle — finding the most efficient exit strategy. Often this approach involves a creative and aggressive early motion to eliminate class claims, including motions to dismiss, to strike, to stay and to bifurcate or limit discovery. Justin has resolved numerous class actions using proactive strategies and frequently resolves cases via class-wide settlement, including over objections. His experience also includes navigating landmines in the class settlement negotiation and court approval process. Risk Mitigation and Compliance Counseling Clients also retain Justin to implement practical compliance strategies that minimize the risk of a lawsuit. This proactive counsel is perhaps where Justin brings the most value to his clients. He draws on his litigation experience, knowledge of the law and understanding of theories asserted by plaintiffs’ attorneys to help design compliance strategies that keep clients one step ahead of the Plaintiffs’ Bar. Justin also writes, speaks and serves as a resource for journalists reporting on class actions and privacy laws, including appearing on broadcast radio and television news programs. Before practicing law, Justin served as an intelligence officer for the Department of Defense’s National Geospatial Intelligence Agency (formerly the National Imagery and Mapping Agency).