Elizabeth (“Beth”) Herrington focuses her practice on complex commercial and class action litigation across the United States, including management of multi-jurisdictional related litigation. Beth regularly represents domestic and international retail/eCommerce companies, technology companies, consumer service providers, and product manufacturers in high-exposure lawsuits that involve fraud, regulatory issues, privacy claims, contract claims, tax, and trade secret theft.
Beth has tried numerous lawsuits and arbitrations throughout the United States in both federal and state courts, in addition to regularly managing preliminary injunction hearings, class certification hearings, and appellate arguments. She also regularly assists clients in strategic planning issues and the negotiation, mediation, and resolution of significant disputes before they go to litigation.
Beth is the leader of Morgan Lewis’s Chicago Litigation Practice Group. She has been highlighted by the Law Bulletin Publishing Company as “a skilled attorney with the highest level of integrity” who “possesses an unusual ability to handle the multi-faceted aspects of complex litigation under difficult circumstances, while maintaining her focus and inspiring the confidence of her client.” In 2017 and 2018, Crain’s Chicago named Beth one of Chicago’s Most Influential Women Lawyers. Beth has also been selected by her peers for inclusion in The Best Lawyers in America since 2013 and in Illinois Super Lawyers since 2015. The Legal 500 United States recognized Beth as one of the leading US trade secrets litigators.
In addition to Beth’s trial work, Beth is the immediate past President of the Seventh Circuit Bar Association and an active member of the Chicago Inn of Court. She also sits on the Boards of numerous charitable organizations.
Recent Representative Experience
Counsel for retail/eCommerce companies on compliance, business practices, taxation issues, and privacy claims.
National lead counsel to Expedia, Inc. and its affiliates in more than 90 cases and related consumer class actions in 28 states brought by states, counties, and cities.
Lead counsel for defense of BIPA consumer class actions in Illinois.
Counsel for technology/telecommunications company in class actions and arbitration proceedings.
Counsel for automobile manufacturer in commercial, labor, and dealer litigation.
Counsel for international financial services company in joint venture dispute and related litigation.
Counsel for private equity portfolio company in high-stakes trade secret and noncompete cases.
Counsel for medical device companies in numerous litigation matters.
Consumer Fraud & Products Liability
Represented several online travel and technology companies in a consumer class action regarding fraud allegations.
Represented a manufacturer in a multidistrict consumer fraud class action relating to an alleged defect in washing machines.
Represented major healthcare insurance and healthcare companies in a variety of complex matters, such as an arbitration on behalf of a healthcare trust brought by one of its member hospitals that involved cross-claims for breach of contract and fiduciary duty.
Trade Secret and Noncompete Litigation
Represented various types of companies in trade secret and/or cases involving noncompete issues throughout the United States.
Represent automobile manufacturer in litigation and dealer disputes.
University of Illinois College of Law, 1997, J.D., Cum Laude
Miami University, 1994, B.A., Cum Laude
US Courts of Appeals for the Second, Seventh, Tenth, and Eleventh Circuits
US District Courts for the Northern Central and Southern Districts of Illinois
US District Court for the Western District of Michigan
US District Court for the Eastern District of Missouri
US District Court for the Eastern District of Wisconsin
Awards and Affiliations
Recommended, Media, technology and telecoms: Cyber law (including data privacy and data protection), The Legal 500 US (2018)
Chicago’s Notable Women Lawyers, Crain’s Custom Media (2017, 2018)
Recognized, Commercial Litigation, Chicago, The Best Lawyers in America (2013–2019)
Top Woman Lawyer, Best Lawyers (2016–2017)
Recognized, Illinois Super Lawyers (2015–2018)
Recognized, Illinois Super Lawyers “Rising Star” (2010)
Member, Board of Directors of the Lurie Children’s Hospital Foundation
Member, Board of Directors of the Women's Lincoln Park Zoo Board
Member, Board of Directors of the Constitutional Rights Foundation Chicago
President, Seventh Circuit Bar Association
Co-chair of Seventh Circuit Bar Association 2012 Annual Meeting
Member, International Association of Defense Counsel