November 08, 2024
Complex Commercial Litigation Co-Head Drew Tulumello has been featured as a Law360 Class Action MVP, one of just five attorneys nationwide to receive the honor.
Drew told the publication that his biggest accomplishment in the last year was vacating a first-of-kind $228 million damages award against BNSF in a Biometric Information Privacy Act (BIPA) class action, in which BNSF was accused of illegally scanning and storing thousands of truck drivers’ biometric data.
"We were able to rescue the client from this very unfair result," he said. "And that was extremely gratifying."
Law360 also highlighted his successful representations of PepsiCo and its subsidiary Frito-Lay in BIPA litigations, as well as a series of three victories for United Therapeutics Corporation (UT). Humana and United Healthcare brought claims against UT under the Racketeer Influenced and Corrupt Organizations Act. To win the dismissal of all of the cases, Drew developed a novel argument that convinced the court to apply antitrust jurisprudence in the RICO context.
One of the challenges this past year was keeping up with the ever-changing privacy and class action laws and regulations, he told Law360.
"The pace of technological innovation, the speed of advancement with artificial intelligence and the need to preserve privacy for consumers — all of those trends are going to collide," Drew said. "And for lawyers advising companies trying to navigate all of these trends, it's extremely exciting, but it's also extremely challenging."
