Overview
Food Class Action Defense
Rory has experience defending food, beverage and dietary supplement companies through every stage of consumer fraud class litigation, from pre-suit demand through appeal. He often secures early victories by winning motions to dismiss, obtaining individual summary judgment or negotiating favorable settlements. He also works closely with Faegre Drinker’s food regulatory team to craft litigation strategies and help clients understand litigation risks with their labeling and marketing.
Representative Experience
Rory’s representative food class action experience includes:
- Winning motion to dismiss class action alleging presence of heavy metals in baby food
- Winning motions to dismiss in more than half a dozen putative class actions challenging vanilla-flavored foods and beverages
- Representing multinational packaged foods company in class action challenging environmental sustainability claims
- Defending multiple putative class actions challenging “graham” cracker products
- Defending dietary supplement companies in multiple class actions challenging structure/function claims
- Successfully petitioning for immediate appellate review of class certification order in case challenging nutrient content claims on protein products, leading to favorable settlement
- Obtaining dismissal of putative class actions challenging quick-service restaurant chain’s marketing statements
- Resolving numerous pre-suit and filed actions by negotiating favorable individual or class settlements
High-Stakes Class & Mass Litigation
Rory also defends companies in a wide variety of mass and class actions, especially in the areas of consumer fraud, securities and shareholder claims, and franchise disputes. He draws on his experience crafting successful dispositive motions and managing discovery to develop creative strategies to achieve the client’s goals. He also has experience working closely with joint defense groups in complex cases.
Representative Experience
Rory’s representative experience in this area includes:
- Serving as national counsel for a baby food company and obtaining summary judgment in the first bellwether case in product liability litigation related to heavy metals
- Serving as national counsel for a retailer in the prescription opiate litigation
- Representing delivery platform in attorney general action alleging contractor misclassification
- Defending fintech company in putative nationwide class action alleging consumer fraud and violations of the Fair Credit Reporting Act
- Defending insurance company in putative nationwide class action alleging consumer fraud and breach of contract
- Successful representation of medical device company in parallel securities class action and shareholder derivative action
- Representing investor group in shareholder dispute involving a start-up company
- Achieving favorable resolution of claims brought by a franchise association on behalf of dozens of franchisees
- Winning summary judgment and affirmance on appeal in certified class action asserting contractor misclassification claims on behalf of franchisees
Pro Bono
Rory is committed to pro bono work and has devoted hundreds of hours in support of criminal justice, civil rights and housing justice. In 2023, he and a team of Faegre Drinker trial lawyers were recognized by the Great North Innocence Project as Pro Bono Champions of the Year for their work on a post-conviction matter in Mississippi. In 2021, Rory received the Faegre Drinker Pro Bono Award for leading the firm’s involvement in the Jim Crow Juries Project, which challenged nonunanimous criminal convictions entered in Louisiana before the Supreme Court held the practice unconstitutional. He has also litigated a civil rights case against the U.S. Department of State and represented tenants in affirmative and defensive housing litigation.
Personal Interests
Outside of work, Rory enjoys running, reading, tennis, theater, and trying new restaurants and coffee shops.
Related Legal Services
Related Industries
Credentials
Bar Admissions
Minnesota
New York
Court Admissions
U.S. District Court for the District of Minnesota
U.S. District Court for the Eastern District of New York
U.S. District Court for the Southern District of New York
Clerkships
U.S. District Court for the Southern District of New York, Hon. Lorna G. Schofield, 2016-2017
U.S. District Court for the District of Minnesota, Hon. Ann D. Montgomery, 2016-2016
Education
University of California, Berkeley, School of Law
J.D. Order of the Coif, Supervising Editor of California Law Review (2015)
Carleton College
B.A. summa cum laude, Phi Beta kappa (2010)
Insights & Events
Latest
Insights
News
Other Perspectives
- Texas Court Strikes Down NLRB's Expansive Joint Employer Rule: What Next?
Republished in HR Legal & Compliance Excellence, April 2, 2024
Firm Blog Contributions
- Faegre Drinker on Products – a blog addressing all things product liability that covers legal issues and developments of interest to product manufacturers and their employers
- Spotlight on Benefits – a blog offering practical insight on legal developments which impact benefit plans
Leadership & Community
Professional Associations
- Federal Bar Association — Minnesota Chapter
Honors
- Best Lawyers® — "Ones to Watch," Commercial Litigation, 2022-25; "Ones to Watch," Mass Tort Litigation / Class Actions - Defendants, 2023-25; Employee Benefits (ERISA) Law, 2024-25
- Minnesota Super Lawyers — Rising Star, Class Action, 2023
- Great North Innocence Project — Pro Bono Champions of the Year, 2023
- Faegre Drinker — Pro Bono Honor Roll, 2020-23
- Faegre Baker Daniels — Pro Bono Honor Roll, 2015-16, 2018-19
No aspect of these recognitions has been approved by the highest court of any state.