Avery M. Epstein

Avery is a business litigation attorney with experience in data privacy, fraud, class actions and insurance. Avery also has experience in product liability, environmental and toxic tort litigation. Avery’s work has included drafting dispositive motions and conducting in-depth legal research on emerging case law. In addition to dispositive briefing, Avery plays a key role in pre-trial resolution strategies. This includes preparing detailed mediation submissions, written discovery, conducting fact-intensive investigations and assessing potential exposure. Through informal negotiations, Avery also works to leverage early factual development and persuasive legal analysis, to resolve cases without the need for motion practice.

Representative Work

• Website Privacy Litigation: Represents a wide range of entities–including video game developers, software providers and healthcare providers–in complex privacy and cybersecurity litigation. These matters often involve novel claims related to advertising and user-tracking technologies arising under the Video Privacy Protection Act (VPPA), the Electronic Communications Privacy Act (ECPA), and the California Invasion of Privacy Act (CIPA). Avery engages with strategic analyses to address evolving interpretations of these statutes. 
• Fraudulent Investment Arbitrations: Defends a cryptocurrency company against investment fraud claims in arbitration by strategically engaging with opposing counsel, conducting legal analysis and leading thorough factual investigations into Bitcoin transactions and claimant allegations.
• Data Breach Litigation: Represents a healthcare provider in litigation arising from a complex data breach matter, involving claims of breach of fiduciary duty, breach of contract, invasion of privacy and violations of federal and state statutes. 
• Biometric Technology Litigation: Successfully represented a software company in a novel Biometric Information Privacy Act (BIPA) lawsuit, involving emerging legal theories around biometric data use and user consent, obtaining full dismissal of the lawsuit.
• Insurance Coverage: Advised insurers on complex coverage issues, including coverage for commercial general liability issues; college and university coverage; and fine arts coverage. 
• Product Liability, Environmental, and Toxic Tort Litigation: Works on complex product liability and environmental toxic tort cases, with experience taking and attending depositions, drafting deposition summaries, analyzing case facts and legal strategy and managing written discovery.

Avery is also a part of Shook, Hardy & Bacon’s Privacy and Cybersecurity Litigation Tracking team, monitoring and analyzing the latest legal developments and case decisions around the country–particularly those involving advertising and tracking technology.

In addition, Avery engages in a variety of pro bono matters, including asylum applications and prisoners’ civil rights cases. 

Before attending law school, Avery served as an AmeriCorps member before joining the Boy Scouts of America as an executive, where she used her interpersonal and strategic skills to launch and facilitate initiatives focused on inclusivity and access to youth programming in underserved communities. Avery has also worked in policy and advocacy positions dedicated to international human rights and the fight against human trafficking and domestic violence.

Avery earned her J.D., with distinction, from the University of Iowa College of Law, where she gained early litigation experience as a student attorney in the Federal Criminal Defense Clinic– drafting dispositive motions, negotiating with federal prosecutors and helping secure client releases and case dismissals.