321 North Clark Street
Livia Kiser is a commercial litigator with particular expertise in consumer protection matters. She serves as the Co-Chair of Loeb & Loeb’s Health and Wellness Marketing Compliance Task Force. Ms. Kiser has successfully defended numerous clients in the automotive, financial, retail, health, food and other industries in jurisdictions across the country against allegations of consumer fraud, false labeling, false advertising, breach of warranty, and other claims arising under state and federal law. She has extensive experience at every stage of litigation, including removal, transfer and consolidation, fact and expert discovery, defeating class certification, preparing and arguing dispositive motions, and trial and appellate practice.
In the automotive industry, Ms. Kiser routinely represents domestic and foreign automobile manufacturers and distributors in disputes arising under consumer protection statutes and other laws. She has a wealth of experience defending class action lawsuits in which false and misleading advertising and other deceptive consumer practices arising from purported vehicle defects and/or deficiencies are alleged.
Ms. Kiser routinely appears in state and federal tribunals and before arbitration panels and administrative hearing officers throughout the United States, including the Judicial Panel on Multidistrict Litigation. She also has represented companies before numerous state and federal agencies.
Ms. Kiser counsels clients on best consumer practices in order to minimize litigation risk, particularly with respect to advertising, product labeling, special promotions, privacy and appropriate consumer disclosures. Ms. Kiser’s experience extends to advising companies on state and federal regulatory compliance, including regulations promulgated by the U.S. Food and Drug Administration, the Federal Trade Commission, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the Consumer Financial Protection Bureau and the National Highway Traffic Safety Administration.
Ms. Kiser also has considerable experience counseling franchisors in the automobile and retail space concerning applicable laws, best practices and other commercial franchising matters. She also has successfully defended franchisors sued in litigation brought by franchisees.
In addition to her commercial practice, Ms. Kiser is committed to pro bono and bar service. In her pro bono practice, she has focused primarily on children seeking asylum in the U.S. and those requiring special education services in schools. As a result of her work, new law has been developed in these areas.
As part of her bar service, Ms. Kiser recently served on a committee of the American Bar Association to review and provide comment on the proposed consumer protection law for the Islamic Republic of Afghanistan.
Prior Work Experience
Prior to joining Loeb & Loeb LLP, Ms. Kiser was a partner at Barack Ferrazzano Kirschbaum & Nagelberg LLP. Prior to that, Ms. Kiser was at Latham & Watkins LLP.
Defended retailer of outdoor fishing and hunting products in two putative class actions filed in federal courts in Indiana and Pennsylvania against charges of willful violation of the Fair and Accurate Credit Transactions Act.
Defended collision-repair estimate software provider and automobile insurers in putative class actions filed in Georgia state court and federal court in Washington claiming consumer fraud, unjust enrichment and other common law claims arising from alleged underpayments to insureds based on flawed total loss estimates for insureds’ vehicles.
Defended provider of extended warranty insurance for vehicles in putative class action filed in Illinois state court claiming consumer fraud, false advertising, breach of contract and other common law claims arising from alleged wrongful denial of claims.
Defended provider of online registration software and event management software in putative class action claiming willful violation of the Fair and Accurate Credit Transactions Act arising from the provision of electronic receipts.
Defended U.S. distributor of automobile manufacturer in two putative class actions filed in federal courts in California and Kentucky against charges of false advertising, consumer fraud, breach of warranty and other claims arising from allegedly defective airbags in passenger vehicles.
Defended multi-national household appliance manufacturer in putative class action claiming consumer fraud, false advertising and breach of warranty in connection with the sale and distribution of cordless stick vacuums.
Defended organic dairy corporation and its national food retailers in 20 putative class actions throughout the U.S. against charges of false advertising, consumer fraud, breach of warranty and other common law claims in connection with the labeling and marketing of organic dairy products.
Defended U.S. distributor of automobile manufacturer in five putative class actions filed in state and federal courts in California against charges of false advertising, consumer fraud (B&P Code Sections 17200 and 17500), violations of California’s Consumers Legal Remedies Act and other common law claims arising from the advertising of fuel economy for hybrid vehicles.
- Foulke Mgmt. Corp. v. Audi of America, --- A.3d ----, 2012 WL 6571105 (N. J. Super. Dec. 18, 2012)
- Rawat et al. v. Navistar Int’l Corp., 2011 WL 222131 (N. D. Ill.)
- In re Aurora Dairy Corp. Organic Milk Mktg. and Sales Practices Litig., 621 F.3d 781 (8th Cir. 2010)
- Chen v. Holder, 604 F.3d 324 (7th Cir. 2010)
- C.Z. ex rel. Ziemba v. Plainfield Community Unit School Dist. No. 202, 680 F.Supp.2d 950 (N.D. Ill. 2010)
- Agnew et al. v. Honda Motor Co., Ltd., 2009 WL 1813783 (S. D. Ind.)
- Speaker, The Food Regulatory Compliance Summit (October 3-4, 2013)
- Speaker, CRN's Annual Symposium for the Dietary Supplement Industry (September 18-21, 2013)
- Co-author, Green Light for More Deceptive Labeling Class Actions, Law360 (August 23, 2013)
- Author, The Elephant in the Room: Contingency Fees and the Future of Coupon Settlements After In re HP Inkjet Printer Litigation, Bloomberg BNA (July 15, 2013)
- Author, Confirmation of Director Cordray Could Substantially Increase CFPB Enforcement Activity, insideARM.com (July 2013)
- Speaker, 2013 National Consumer Class Action Litigation & Management Conference (June 27-28, 2013)
- Speaker, HBA Global Expo & Conference (June 18-20, 2013)
- Co-author, The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v. Behrend, Remand Of Whirlpool v. Glazer And The Probable Return Of Defect Manifestation To Class Certification Determinations In The Ninth Circuit, Mealey's Litigation Report: Class Actions (April 19, 2013)
- Member, American Bar Association, Section of Litigation, Class Actions and Derivative Suits, Consumer Protection, Products Liability (Food and Supplements), Pretrial Practice and Discovery, the Woman Advocate
- Member, Federal Bar Association
- Member, Illinois Bar Association
- Member, Chicago Bar Association
- Member, Council for Responsible Nutrition, Governmental Relations Committee and GMO Working Group
- Member, Cosmetic Executive Women
- Member, Future Founders Organization
- Member, Northwestern University School of Law Alumni Association
Northwestern University, J.D., 2001, cum laude, Order of the Coif
University of Illinois, B.A., 1986,
Phi Beta Kappa
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the District of Colorado