Max Kaplan


With a diverse background aiding clients across industries and countries, Max focuses on class action and other complex commercial cases that require more than a cookie-cutter approach to litigation. Max partners with clients to understand the client’s business and strategic goals so that success in litigation takes into account both the client’s bottom line and future growth. Experienced in all stages of litigation, Max is well equipped to guide clients from pre-litigation strategy through post-trial and appellate practice, always working to place the client in the best possible position. In doing so, Max helps clients simplify their complex facts so that the court, jury, or arbitrator can see that their position is just, fair, and right.

Max is a proven thought leader and practitioner in the developing areas of privacy, biometrics, and data-related class actions. Most recently, Max represented three trade associations as amici curiae before the Illinois Supreme Court, arguing against an interpretation of the Illinois Biometric Privacy Act (BIPA) that would expose businesses to devastating liability. Max has also represented clients in class action litigation arising from the alleged exposure of personally identifiable information (PII) and the alleged unlawful collection of private information. 

Max is an experienced appellate attorney, who represents numerous defendants, including retailers, in complex BIPA class actions. Max represented appellate amici in the Cothron v. White Castle case when it was pending before the Seventh Circuit Court of Appeals and the Illinois Supreme Court. He is co-leading a team developing cutting-edge BIPA defenses for technology providers facing increasingly volatile BIPA case law. Max has also handled multiple data breach class actions — including for major transportation industry and health care clients — and has deep knowledge of the data breach litigation and settlement landscape. Max has particular experience defending claims brought under federal privacy statutes, such as the Telephone Consumer Protection Act (TCPA), and a host of state consumer protection laws, including California’s Unfair Competition Law (UCL) and Consumer Privacy Act (CCPA).

In 2018, Max was selected to serve as an assistant district attorney through Cozen O’Connor’s secondment program with the Philadelphia District Attorney’s Office. As an assistant district attorney, Max prosecuted hundreds of misdemeanor trials and felony preliminary hearings in the Philadelphia Municipal Court. Max regularly handled firearm, aggravated assault, drug trafficking, DUI, robbery, identity fraud, multi-stage burglary, and other felony and misdemeanor theft offenses.

Prior to joining Cozen O’Connor, Max was an associate with a global law firm in New York. There, he gained thorough experience working in state and federal court, as well as before arbitrators and mediators. Max also has worked extensively with international clients, helping them navigate the intricacy of the U.S. judicial system.

Active in pro bono work, Max has successfully litigated claims against the Department of Justice and city of New York for violations of prisoners’ civil rights and has aided a number of inmates seeking clemency for crimes for which they are serving disproportionate sentences. Max has also provided pro bono services to clients seeking relief in immigration and family court.

Max earned his J.D. from the New York University School of Law where he served as an executive articles editor for the Annual Survey of American Law. He earned his B.A. in philosophy magna cum laude from Columbia University.  



More Than 205 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 19, 2021

Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.

Cozen O’Connor Promotes 15 Attorneys to Member

March 25, 2021

Cozen O'Connor promoted 15 attorneys to member: Donnie Apodaca, Brian Burack, Jason Cabrera, Kristina Cherevas, Jonathan Gale, Matthew Glavin, Yehudah Gordon, Max Kaplan, Jason Kreps, Anna Will Kentz, Daniel Levine, Peter Lim, Matthew Policastro Laura Reinhart, and Danielle Sapega.

200 Cozen O’Connor Attorneys Named Best Lawyers and Ones to Watch By The Best Lawyers In America

August 20, 2020

Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).


Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA [Alert]

February 06, 2023

Max Kaplan discusses the Supreme Court of Illinois's decision in Tims v. Black Horse Carriers, Inc., ruling that BIPA is subject to the five-year, catch-all statute of limitations.

COVID-19 and the Risk of Anti-Competitive Employment Practices

May 11, 2020

Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19.

State Regulation of Alcohol and the Dormant Commerce Clause [The Legal Intelligencer]

March 06, 2019

Stephen Miller and Max Kaplan discuss how the 21st Amendment took center stage recently at the U.S. Supreme Court. The justices considered whether the amendment provided an exception to the dormant commerce clause, which disfavors state interference in interstate commerce.


  • New York University School of Law, J.D., 2013
  • Columbia University, B.A., magna cum laude, 2010

Awards & Honors

Best Lawyers in America "Ones to Watch" 2021, 2022

  • Pennsylvania
  • New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Eastern District of Pennsylvania