Admissions

  • Illinois
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit

Education

University of Missouri-Columbia (B.S., political science)

Loyola University School of Law (J.D.)

Clerkships

  • Honorable Robert Cahill, Illinois Appellate Court for the First District
  • Honorable Thomas P. Durkin, Chancery Division of the Circuit Court of Cook County

Profile

Rosa M. Tumialán is a member of the Firm's Litigation, Class Action and Appellate groups. She complements her practice with extensive judicial experience gained from clerkships in both the Illinois Appellate Court and the Chancery Division of the Circuit Court of Cook County.

Ms. Tumialán focuses her practice on insurance coverage litigation.  Ms. Tumialán is an accomplished defense attorney with nearly twenty years of insurance coverage expertise.  She represents insurers in complex coverage disputes relating to personal and commercial lines, third party claims, surplus lines and claims handling practices.  Ms. Tumialán also assists with drafting coverage documents for insurance pools and the administration of same.  Ms. Tumialán also has extensive experience in defending class actions filed under the Telephone Consumer Protection Act (TCPA), Illinois Biometric Privacy Act (BIPA) as well as other consumer privacy statutes in both state and federal courts. Ms. Tumialán's experience in representing clients in what is often "bet the company" TCPA litigation has made her a lead defense attorney in this area as well as in litigation arising under other consumer privacy statutes such as the Illinois Biometric Privacy Act ("BIPA"). Ms. Tumialán is lauded for her ability to develop and employ unique and aggressive strategies for her clients in these evolving areas. Ms. Tumialán is routinely sought out by companies seeking TCPA and BIPA compliance analysis or those who face TCPA and BIPA liability. She also advises insurers on TCPA exposure and has served as national coordinating counsel for insurance clients who rely on her to develop and implement strategies nationwide, which includes daily monitoring of case law developments. She is often asked to opine on BIPA matters and represent clients named in BIPA class actions. Ms. Tumialán has also spoken on this statute which is the latest darling of the plaintiff class action bar.

Ms. Tumialán is also an appellate specialist. She has defended and prosecuted numerous appeals in both state and federal courts involving insurance coverage disputes, complex commercial matters, constitutional questions, banking (federal and state regulations concerning consumer lending) and mortgage foreclosures challenges.

Ms. Tumialán also authors and co-authors amicus briefs for national organizations such as the National Association of Mutual Insurance Companies, Michigan Insurance Coalition, Property Casualty Insurance Association of America and Insurance Institute of Michigan.

Ms. Tumialán is a graduate of the Loyola University School of Law. She joined the firm in 2020 after serving as a litigation partner at a national firm. She completed a clerkship with the Honorable Robert Cahill of the Illinois Appellate Court for the First District in 2003. Her tenure with the state appellate court was preceded by a clerkship with the Honorable Thomas P. Durkin of the Chancery Division of the Circuit Court of Cook County.

Experience

Significant decisions

State Farm v. Matthews, 2016 IL App (1st) 143672-U

Bridgeview Health Care Center, Ltd. v. State Farm Fire & Casualty Company, 2014 IL 116389

G.M. Sign v. State Farm Fire and Casualty Company, 2014 IL App (2d) 130593

Wilder Chiropractic, Inc. v. State Farm Fire & Casualty Co., 2014 IL App (2d) 130781

Bridgeview v. State Farm, 2013 IL App. (1st) 12190

Byer Clinic v. State Farm, 2013 IL App. (1st) 113038

GM Sign, Inc. v. Schane and State Farm Fire & Casualty Co., 2013 IL App. (2d) 120434

CitiMortgage, Inc. v. Parker; 2012 Ill. App. (3d) 11723-U

Leja v. Community Unit School District 300; 2012 Ill. App. (2d) 120156 

Matrix IV v. American National Banket al, 649 F.3d 539 (7th Cir. 2011)

White v. The Burlington Insurance Co., 1-10-3829 (First District Appellate Court, unpublished order dated October 26, 2011)

State Farm v. Iacullo, et al, 1-10-0156 (First District Appellate Court, unpublished order dated March 31, 2011)

Medmarc Casualty Insurance Company v. Avent America, et al, 600 F.3d 763 (7th Cir.2010)

Vilardo v. Barrington Community School Dist. 220, 406 Ill. App. 3d 713, 941 N.E. 2d 257 (2d Dist. 2010)

Asher v. Chase Bank USA, N.A., 310 Fed. Appx. 912, 2009 WL 465083, 2009 U.S. App. LEXIS 3733 (7th Cir. 2009)

State Farm Fire and Casualty Company v. Perez, 387 Ill.App.3d 549, 899 N.E.2d 1231 (2008)

Honors & Awards

  • Recognized in The Best Lawyers in America® for Insurance Law and Insurance Litigation, 2020 and 2021. Copyright 2015 by Woodward/White, Inc., Aiken, SC
  • Recognized in Crain's Chicago Business 2018 List of Notable Women Lawyers in Chicago
  • Recognized in Crain's Chicago Business special report "2018 Chicago’s Notable Minority Lawyers"
  • Named a Litigation Future Star by Benchmark Litigation, 2014-2020
  • Recognized in Illinois Super Lawyers® for General Litigation, Class Action/Mass Torts Defense, Appellate and Insurance Coverage, 2011-Present
  • Named an Illinois Rising Star by Law & Politics, 2010
  • Award for Excellence in Pro Bono and Public Interest Service 2008
  • Named one of the 40 under 40 Attorneys to Watch, Chicago Daily Law Bulletin 2008

Professional/Community

Women's Bar Association, Member, 2003-2014; Director 2006-2011; Officer 2011-2013

Defense Research Institute (DRI), Member 2004 to present; In-House Defense Quarterly, Co-Editor

Speaking engagements:

Managing the Complex Coverage Dispute-December 2019 DRI Insurance Coverage Practice Symposium

SCOTUS Review and Preview- September 17, 2019

Pathway to Partnership, Hispanic Lawyers Association of Illinois and Hispanic National Bar Association March 6, 2019

The Illinois Biometric Information Privacy Act (BIPA): Implications in Light of Rosenbach February 12, 2019

SCOTUS Review and Preview-September 18, 2018

The Illinois Biometric Information Privacy Act: Litigation Risks and Best Practices for Employers and Others—March 7, 2018

Navigating Litigation and Compliance Issues Associated with the Telephone Consumer Protection Act—June 20, 2017

The Telephone Consumer Protection Act: Why Compliance Matters Now and How to Protect Your Business- September 2016

Publications:

“Cannabis Cos. Can’t Ignore TCPA Compliance”; August 28, 2020, Law360

"Why Cannabis Companies Need to Care About the TCPA"; August 19, 2020, NextGen Financial Services Report

"The Big TCPA Case That Wasn’t"; July 10, 2020, The Firewall

"Will COVID-19 Finally Prompt a Federal Privacy Law?"; April 22, 2020

"A BIPA Defense Victory—If You Squint"; October 4, 2019, The Firewall

"The Next Generation of Data Privacy Liability Coverage"; May 2019, For The Defense

"Is the Illinois Legislature Rethinking BIPA?"; March 26, 2019, The Firewall

 

Pressroom

330 North Wabash Avenue, Suite 2100
Chicago, Illinois 60611-3607
T: 312.840.7000
F: 312.840.7900