Henry Caldwell

Henry J. Caldwell

Henry Caldwell is an associate with Nixon Peabody’s Complex Commercial Disputes practice group. He represents individuals and corporations in a wide variety of matters.

What do you focus on?

I represent clients from a diverse range of industries in a variety of litigation matters in both state and federal court.

General Commercial Litigation

I represent healthcare, retail, manufacturing, and technology clients in all phases of complex commercial litigation, with a focus on drafting pleadings and dispositive motions, efficiently managing all aspects of written and document discovery, and preparing for trial.

Class Action Litigation

I counsel and defend clients across a variety of industries in class action litigation brought under both federal and state statutes, with a focus on protecting client interests against class actions brought under data privacy statutes such as the Illinois Biometric Information Privacy Act (BIPA) and the Fair and Accurate Credit Transactions Act (FACTA), as well as various other state consumer fraud and unfair practices statutes. I assist in all stages of class action litigation and have a keen interest in assisting clients as they navigate the procedural and substantive contours of class actions.

Data Privacy and Consumer Protection

I represent a broad range of companies in individual and class action litigation stemming from privacy and data security disputes brought under a variety of state and federal data privacy and consumer protection statutes. In particular, I have counseled multiple clients on compliance and litigation matters involving BIPA.

What do you see on the horizon?

With tension increasing between companies and consumers regarding data privacy and protection, I see the potential of new consumer-friendly privacy laws increasing compliance expenditures for corporate clients.

Planet Fitness scores end to two suits over fees in pandemic

Law360 | March 26, 2021

This article covers an Illinois federal judge’s decision to toss out a lawsuit filed by two Planet Fitness members claiming the gym had unlawfully charged them fees during the pandemic. Chicago partner Rich Tilghman and associate Henry Caldwell, and Manchester partner Dan Deane and associate Nate Warecki, all in the Complex Commercial Disputes group, were mentioned for representing Planet Fitness.

Illinois Workers’ Comp Law Doesn’t Pre-Empt Biometric Privacy Claim

HR Magzine | September 28, 2020

Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.


Henry J. Caldwell



Phone: 312-977-4435

Fax: 866-947-4799

DePaul University College of Law, J.D., magna cum laude; Order of the Coif; editor of Articles, Notes, and Comments, DePaul Law Review v. 67

DePaul University, B.M.


U.S. District Court, Northern District of Illinois

Henry is on the Chicago Legal Clinic Auxiliary Board.

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