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Todd Rosenbaum

Member / Co-chair, Class Action Practice

[email protected]

+1.202.434.7411 Washington, DC

+1.212.692.6819 New York

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As a Member in the firm’s Litigation section and Co-chair of the firm’s Class Action Practice Group, Todd maintains a nationwide practice, encompassing a diverse range of general commercial litigation, including contractual disputes, corporate governance disputes, class actions, with a particular focus on American Disabilities Act (“ADA”) and data privacy claims, financial services-related litigation, as well as white collar crime and government investigations. He has been an integral member of teams representing clients at the trial and appellate court levels, and at mediation and arbitration.

He regularly advises clients in class action disputes involving consumer, privacy, contract, unfair trade practice, and discrimination claims. He has helped both public and private companies in a variety of sectors including transportation, life sciences, hospitality, higher education, health care, and retail and consumer products navigate the complexities of class actions at all stages of litigation, including discovery, motion practice, and trial.

Todd has developed a niche representing clients facing claims for violations of the American Disabilities Act (“ADA”) and similar state and local laws, including California’s Unruh Civil Rights Act. In this role, he has counseled dozens of clients with respect claims concerning both physical accessibility and website accessibility. As part of his practice, Todd also regularly counsels clients on ADA compliance by helping them to create internal compliance programs, liaising with consultants on appropriate technical remediation and strategizing on risk mitigation to avoid future claims.

He also maintains a robust complex commercial litigation practice, counseling clients in the insurance and financial services, life sciences, technology, health care, sports and entertainment, and real estate industries in all manner of business disputes, including breach of contract, breach of fiduciary duty, and shareholder derivative actions, as well as legal malpractice disputes.

Todd has a strong commitment to the firm’s pro bono efforts and represents clients in a variety of immigration and other matters. He has previously served on the firm’s Pro Bono Committee.

During law school, Todd was a notes editor for the Journal of Legislation and Public Policy and chair of the Health Law Society. Prior to law school, he was a Teach For America corps member and taught upper elementary school in East Harlem.

Experience

Representative Matters

  • Secured summary judgment in New York State Supreme Court Commercial Division on behalf of RxSense, a pharmaceutical benefits manager software developer, in a complex contract and licensing dispute with a vendor.
  • Represented an individual in a breach of contract action brought against a U.S.-based consumer products company and its Chinese parent company over non-payment of commissions. Successfully defended against a motion to dismiss and ultimately reached a favorable settlement on behalf of our client.
  • Defends dozens of companies in numerous industries against class actions claiming ADA violations at their physical locations and on their websites, and counsels them on ADA compliance and risk mitigation.
  • Secured summary judgment in the U.S. District Court for the Southern District of New York on behalf of the Triborough Bridge and Tunnel Authority in a class action alleging that defendants’ use of a cashless tolling system led to the assessment of violation fees without adequate notice or constitutional due process.
  • Secured a $6.26 million judgment after a November 2021 trial in New York State Supreme Court on behalf of an investment banker client after his decade-long battle with his former fiancée over an investment property in the Hamptons. The jury returned a unanimous verdict and awarded our client the full amount of damages sought after a 7-day trial.
  • Represented professional basketball franchise in intra-league dispute, securing favorable settlement outcome.
  • Successfully appealed decision dismissing investment funds’ action for legal malpractice and breach of fiduciary duty against former counsel.
  • Conducted Audit Committee investigation into improper revenue recognition activities at public life sciences company.
  • Conducted internal investigation into payroll fraud, accounting fraud, and FCPA violations at public company with retail operations throughout Central America and the Caribbean.
  • Represents the world’s largest stock transfer company in securities and contract litigations.
  • Represented diverse financial companies in litigation proceedings concerning losses related to a Eurobond default.

Pro Bono

  • Secured asylum victory in Immigration court for client who fled El Salvador on account of threats of gang violence.
  • Successfully petitioned for multiple teenage clients in removal proceedings to receive Special Immigrant Juvenile Status and obtain Lawful Permanent Residence.
  • Secured asylum victory in Immigration Court appeal for client whose affirmative asylum application was denied because he had missed the one-year filing deadline.
  • Represented leading environmental organizations, including the Sierra Club, in constitutional litigation brought against the New York State Department of Environmental Conservation and other state agencies to prevent exploratory drilling in New York’s Adirondack Forest Preserve.
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viewpoints

As the United States Supreme Court was on the cusp of resolving a circuit split concerning the propriety of “tester” standing under Title III of the Americans with Disabilities Act (ADA), the Respondent, a self-avowed ADA tester who was responsible for creating the circuit split by filing lawsuits in numerous jurisdictions—voluntarily dismissed the case on appeal from the U.S. District Court for the District of Maine.

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Providing Sanctuary for Survivors

December 13, 2023 | Article

Sanctuary for Families is the leading provider and advocate for survivors of domestic abuse, sex trafficking, and related forms of gender violence. Last year alone, the organization provided vital support to over 7,200 adults and children facing adversity. Read more about Mintz's pro bono work with Sanctuary for Families.

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In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”).

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In what is considered the largest privacy-related settlement in history, Google will pay $391.5 million to 40 states to settle an investigation by 40 state attorneys general.  The bipartisan coalition of attorneys general alleged that Google misled users into believing that opting out of sharing their location data prevented the company from tracking users’ locations.

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In a significant August 2022 ruling, the California Court of Appeal narrowed the reach of Title III of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act (Unruh) as they apply to online-only businesses. The Appeals Court held in Martinez v. Cot’n Wash Inc. that the websites of online-only businesses are not places of public accommodation within the meaning of the ADA or with regard to Unruh.  This decision is a welcome relief for small and medium-sized businesses throughout the country that have been frequent targets of demand letters and lawsuits from California plaintiffs.

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During this program, Mintz attorneys Nancy Adams, Lara Compton, Todd Rosenbaum, and Jennifer Rubin provided an overview of key risk factors for telehealth companies and pragmatic takeaways which you can incorporate into your business practices

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Opening the Door to the New Beginning

January 10, 2022 | Article

In a multistage pro bono engagement, Mintz represented a young man who fled gang violence in Ecuador in detention hearings after he entered the United States, then helped him obtain state court findings supporting a petition to USCIS for permission to remain in the country in the custody of an aunt.
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The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords U.S. discovery “for use in a proceeding in a foreign or international tribunal . . . .”
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News & Press

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Mintz is pleased to announce that four of its attorneys have been recognized in Benchmark Litigation’s 2023 “40 and Under Hot List,” which ranks attorneys aged 40 or younger who have been deemed the most promising rising talent in their respective litigation communities by peers and clients.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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Member Todd Rosenbaum and Associates Adam Korn and Sebastian Navarro co-authored an article that was republished by Class Action Reporter. The article discusses rulings in Illinois Biometric Information Privacy Act (BIPA) lawsuits.

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Member Todd Rosenbaum and Associates Adam Korn and Sebastian Navarro co-authored an article that was republished by Class Action Reporter. The article analyzes Google paying $391.5 million to settle an investigation by 40 state attorneys general.

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Managing Member of Mintz's Los Angeles Office Joshua Briones and Members Todd Rosenbaum and Arameh O'Boyle co-authored an article published by Corporate Counsel summarizing major developments for consumer class actions in 2021, many of which they wrote will carry over into 2022. The article included extensive contributions from Associates Crystal Lopez, Esteban Morales, and Adam Korn.
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The New York Law Journal reported that Mintz secured a complete trial victory for investment banker Richard Swift before a Suffolk County jury. After a seven-day trial, it took the jury only an hour-and-a-half to return a verdict for the firm's client, Mr. Swift, for the full amount of the $2.57 million in damages that he was seeking in his lawsuit against the former “Today Show” correspondent Jill Rappaport over a log house built on a Water Mill estate. The article included commentary from Mintz Managing Member Bob Bodian, who led the firm’s litigation team representing Mr. Swift, along with lead trial attorney Member Jason P.W. Halperin. Mintz associates Todd Rosenbaum and Iris Greenquist, as well as co-counsel Eileen Powers, also played critical roles at the trial, which ended on November 19.
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Mintz Associate Todd Rosenbaum was featured in a “Pro Bono Attorney Spotlight” column published by KIND, a nonprofit organization that aims to provides protection for unaccompanied children who enter the U.S. immigration system alone and ensure that no child appears in immigration court without representation, for his significant contributions to multiple pro bono cases involving unaccompanied minors, and his commitment to pro bono work overall.
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Events & Speaking

Speaker
Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Recognition & Awards

  • Chambers USA: New York - General Commercial Litigation: Up and Coming (2022 - 2023), Associate to Watch (2021)

  • Benchmark Litigation: 40 & Under Hot List (2022 - 2023)

  • Kids In Need of Defense: Pro Bono Spotlight Attorney (2019)

  • New York City Family Court Volunteer Attorney Program: Pro Bono Service Award (2014)

  • Second Place, Epstein Becker & Green Health Law Writing Competition (2011)

  • New York City Family Court Volunteer Attorney Program: Pro Bono Service Award (2014)

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Involvement

  • Member, New York State Bar Association
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Todd Rosenbaum

Member / Co-chair, Class Action Practice

New York Washington, DC