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Scott P. Glauberman

Scott Glauberman defends food, pharmaceutical, and technology companies in complex commercial litigation, with a specialty in individual and class action consumer and product liability cases.

Mr. Glauberman was named one of five Rising Stars in the US in class action litigation, and also one of five Rising Stars in the US in product liability litigation, both by Law360, which then named him to its Product Liability Editorial Advisory Board. He has received additional accolades for commercial and product liability litigation from U.S. News & World Report; The Legal 500, which singled out his polished legal writing in product liability cases; and Best Lawyers in America.

Product Liability and Consumer Litigation

Mr. Glauberman’s recent experience defending consumer and product liability claims includes the following:

  • Testosterone Replacement Therapy. Mr. Glauberman represents AbbVie and Abbott Laboratories in hundreds of cases alleging personal injuries from use of the industry-leading AndroGel. In the federal MDL, he was appointed by the court as their lead counsel and as liaison counsel for all defendants.
  • Appliances. Mr. Glauberman is lead counsel representing LG USA, the American subsidiary of the Korean electronics giant, in a dozen consolidated class action cases alleging design defects in front-loading washing machines. The cases, which seek over $300 million in damages, are now in class certification proceedings. Mr. Glauberman previously represented LG USA in class action litigation about alleged design defects in refrigerators.
  • Nutrition bars. Mr. Glauberman represents Abbott Laboratories in a class action case alleging that “net carb” and “impact carb” representations on nutrition bar labels are misleading. The case is now in class certification proceedings.
  • High fructose corn syrup. Mr. Glauberman represents most of the US makers of high fructose corn syrup in a case alleging that it caused diabetes in a teenager. His briefs convinced the district court to dismiss the case, which is now on appeal.
  • McDonald’s food. For over a decade, Mr. Glauberman represented McDonald’s in class action cases. These included the infamous “obesity case,” which is still the only case that has tried to blame a restaurant for weight gained by a class of people. Class certification was denied. He also defended McDonald’s in several class action cases about the presence of trans fatty acids (TFAs) in french fries, and he consulted on a class action case alleging that certain McDonald’s foods were falsely represented to comply with Muslim dietary restrictions (halal).
  • Car seats. Mr. Glauberman represented Ford in an appeal of a verdict that was that year one of the 75 largest verdicts in the nation. He wrote the briefs that convinced the Illinois Supreme Court to hear the case and then to vacate the verdict. The case established new law in Illinois on the legal standard for design defect claims, overturning the Illinois pattern jury instruction on that subject. The Chicago Daily Law Bulletin named the decision that year as one of the Court’s most important.
  • Call recordings. Mr. Glauberman represented two companies in different cases alleging that consumer phone calls were recorded without warning. In one, he persuaded the plaintiff not to file the lawsuit; in the other, he persuaded the plaintiff to drop the case.

Technology Litigation

Mr. Glauberman represents AbbVie in litigation over patents to next-generation hepatitis C treatments. The Wall Street Journal and other news outlets have covered the case.

Mr. Glauberman has represented several companies in trade secret cases. These have included a case brought by Schwab, as plaintiff, about stock-picking models, and a case against Abbott Laboratories about blood glucose monitors for diabetics.

Mr. Glauberman is also one of the firm’s most experienced attorneys in handling technology and related matters for Microsoft. He was a member of the firm’s trial team that successfully defended Microsoft during the three-month remedy trial for the government antitrust case, during which he personally helped prepare Chairman Bill Gates for deposition and trial testimony. He also defended Microsoft in lawsuits brought by Lindows (Windows® trademark), Sendo (smartphones), and Veritas (volume management operating system software).

Accountants and Auditors

In addition to his experience in product and technology cases, Mr. Glauberman also has deep experience defending auditors and accounting firms against allegations that they failed to discover fraud committed by an audit client.

He recently tried, with another firm partner, an enforcement case against the SEC on behalf of a former Ernst & Young auditor. The case was heard first by an administrative law judge and then by the full Commission, which imposed the minimum possible penalty, over the dissent of one Commissioner who would have imposed no penalty at all.

Mr. Glauberman briefed, argued, and won a motion to dismiss with prejudice all claims against auditor Grant Thornton in the Countrywide subprime mortgage securities class action cases. All 50 defendants moved to dismiss, but Grant Thornton alone won dismissal. Other defendants later paid over $600 million to settle the cases.

Mr. Glauberman’s clients in other professional malpractice and fraud-related cases have included Ernst & Young (HealthSouth), Grant Thornton (Parmalat, Refco), and J.H. Cohn (U.S. Mortgage). 

Education and Clerkship

Mr. Glauberman holds a B.A. in Finance, summa cum laude, from the University of Illinois, where he was inducted into Phi Beta Kappa and awarded the Bronze Tablet, the university’s highest academic honor. His J.D., cum laude, is from Harvard Law School.

Mr. Glauberman clerked for Chief Judge Marvin E. Aspen of the United States District Court for the Northern District of Illinois (Chicago).

Firm Responsibilities and Civic Activities

Mr. Glauberman co-chairs the firm’s Associate Evaluation Committee, where he is responsible for all associates in US offices. He is a past member of the firm’s Hiring Committee, responsible for all recruiting and hiring at Harvard Law School.

Mr. Glauberman is a member of the Auxiliary Board of the Art Institute of Chicago, the nation’s oldest arts auxiliary board.

On behalf of the Harvard College Admissions Office, he also interviews area high school students who have applied for admission.

Publications

  • “Up The Ladder: Litigator Responsibilities Under the Sarbanes-Oxley Act,” 30 Litigation 22, Summer 2004, with Dan K. Webb.
  • “Citizen Suits Against States: The Exclusive Jurisdiction Dilemma,” 45 Journal of the Copyright Society 63 (1997).