Reginald D. Cloyd, III

Litigation

• Represented multiple corporations in numerous putative class actions alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”). Reggie conducted onsite interviews with human resource managers, Chief Executive Officers, and Chief Financial Officers. He also reviewed and analyzed all of the companies’ files dating back to 2008, which included vendor contracts relating to the alleged equipment that captured the individuals’ biometric information. Reggie was also responsible for negotiating favorable class settlements.
• Defends manufacturers, suppliers, distributors and sellers of products, equipment and components in lawsuits alleging strict liability, negligence, defective design, manufacturing defects and inadequate warnings or instructions.
• Successfully achieved voluntary dismissal of two putative class actions against an Alabama hospital. The plaintiffs filed two separate lawsuits asserting numerous claims and various damages arising out of a ransomware attack on computer systems and data, including over 32,000 individuals’ personal information. Reggie helped draft two motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) for lack of federal question, subject matter jurisdiction, lack of Article III standing, and failure to state a claim upon which relief can be granted. After filing motions to strike the class allegations and stay discovery, which the court granted the motion to stay discovery, the plaintiffs voluntarily agreed to dismiss both actions.
• Experienced with product liability and toxic tort litigation, including cases involving personal injury, disease or wrongful death. Defended clients in Indiana, Illinois, California, West Virginia and South Carolina.
• Prepared motions in limine, pre-trial briefs and post-trial briefs in numerous product liability and toxic tort matters. 
• Defended a putative class action complaint asserting claims of negligence, intrusion upon seclusion/invasion of privacy, negligence per se, breach of express contract, breach of implied contract, and breach of fiduciary duty resulting from a ransomware attack. Reggie helped prepare a motion to strike class allegations as to all of plaintiffs’ claims and was lead associate responsible for responding to and objecting to the plaintiffs’ first set of discovery requests based on attorney-client privilege and work product doctrine.
• Reviewed client’s internal policies relating to access management procedures, risk assessment safeguards, and encryption procedures in preparation of written and oral discovery.
• Drafted a complaint against a national bank based on the illegal hacking of plaintiff’s deceased wife’s online bank account.

Compliance

• Reggie has experience counseling numerous clients including, but not limited to, grocery stores, non-emergency medical transportation companies, and national warehousing providers, to help them comply with biometric privacy laws in Illinois. Specifically, he has:
  • Advised clients of their obligations under the Illinois Biometric Information Privacy Act;
  • Drafted new notice and consent forms in compliance with the Illinois Biometric Information Privacy Act; and
  • Communicated with management regarding issues of first impression under Illinois law.  

• 2018 IAPD/IPRA Soaring to New Heights Conference, “A Brief Overview of Collections, Bankruptcy, and Identity Protection Issues; Spotlight: Data Security and Data Privacy,” July 2018

• "Chapter 8: Pleadings, Motions, and Orders," Illinois Institute for Continuing Legal Education’s Class Actions, 2024 Edition
• United States Drug & Medical Device Litigation Chapter, International Comparative Legal Guide, (Fourth Edition, 2023)
• Commercial General Liability Dispatch, March 2016
• “Extra! Extra! Extracontractual Liability and Claims Handling,” February 2016