Co-leader of the firm’s financial services litigation practice, Kenneth M. Kliebard focuses on complex commercial disputes and defending class actions and financial services litigation in US federal and state courts. Ken also counsels clients on compliance with consumer protection laws and the nuanced rules and regulations issued by the Consumer Financial Protection Bureau (CFPB) and other agencies. He also represents clients in related regulatory and qui tam matters.
He litigates such consumer protection statutes as the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), the RICO Act, the Credit Repair Organizations Act (CROA), the Electronic Fund Transfer Act (EFTA), the Electronic Communications Privacy Act (ECPA), the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), California’s Business and Professions Code § 17200, state consumer protection and UDAP laws, the Sherman Antitrust Act, Robinson-Patman Act, and state privacy laws. He also advises companies about data protection and cybersecurity, and guides their responses to data breaches. Ken also has significant experience litigating tax controversies.
Clients facing novel and complex legal issues turn to Ken for representation. He has won full dismissals, defeated class certification, and obtained favorable summary judgment results in significant class action matters.
Ken has appeared on major news outlets to explain complicated legal issues. He has spoken to CNBC, The National Law Journal, The Recorder, and Product Liability Law360, as well as various trade publications. He writes articles on computer and technology law, and often speaks to bar associations and other groups about computer crime, electronic discovery, and consumer arbitration clauses.
Successfully represented a major French bank in U.S. proceedings stemming from the bankruptcy of a large Chicago hospital, for which the bank had provided $124 million in financing, as a result of the fraud of the hospital’s CEO. We successfully obtained a judgment against the CEO. In post-judgment execution proceedings, we obtained tens of millions of dollars of assets, most of which has been hidden by the CEO in off-shore bank accounts, secreted in the names of nominees or sham entities, and hidden in offshore trusts created for the CEO’s children.
Successfully represented the same bank in a federal civil lawsuit under the Racketeer Influenced and Corrupt Organizations (RICO) Act against the law firm which facilitated the scheme of its hospital’s CEO by establishing fraudulent trusts and partnerships and laundering money through use of offshore accounts. After the court denied a motion to dismiss our RICO complaint, we obtained a very favorable settlement for client. The matter was also referred by the court to the United States Attorneys’ office for a criminal investigation.
Represent one of the largest U.S. banks in designing and implementing that bank’s asset recovery policies and procedures. Our work includes surveying and analyzing asset recovery laws and procedures in all fifty states in the United States, assisting the client in cost-benefit analyses, advising the client on compliance with state and federal laws concerning asset recovery requirements to aid the client in its pre-lawsuit collection efforts, and preparing court documents for use in asset recovery proceedings.
University of California, Berkeley School of Law (Boalt Hall), 1989, J.D.
University of Wisconsin, 1986, B.A.
U.S. Courts of Appeals for the Second, Third, Sixth, Seventh, Ninth, and Tenth Circuits
U.S. District Courts for the Northern and Southern Districts of Illinois
U.S. District Court for the Eastern District of Wisconsin
Awards and Affiliations
Member, Practice Group of the Year, Competition, Law360 (2017)
Recommended, Securities: Shareholder litigation (2014–2016); Dispute resolution - Financial services - litigation (2017, 2018); Dispute resolution - General commercial disputes (2017), The Legal 500 US