Privacy Litigation

Recent Representative Matters:

• Represented a defense contractor in nationwide class action litigation arising from alleged data security breach impacting employees’ personal data, including claims that plaintiffs incurred or would immediately incur physical harm, emotional distress and identity theft.
• Represented a global airline in responding to data security event arising from its third-party healthcare benefit provider’s use of MOVEit software, including with respect to client’s formal notification obligations and litigation risk assessments, and represented client with respect to its potential indemnification claims arising from the third-party provider’s breach of its legal obligations and contractually mandated security requirements.
• Assisted a global logistics and storage business in responding to a data security breach impacting an employee analytics software application; representation included assisting client with drafting and submission of formal data breach notification to employees and regulatory authorities, and representing client with respect to legal and indemnification claims against third-party software provider.
• Defended clients, including national retailer and global manufacturer and provider of reusable textiles, in arbitration arising from claims that client unlawfully aided a third-party service provider in intercepting and collecting communications transmitted to client’s website through the use of the third-party’s pixel in violation of the California Invasion of Privacy Act and other state privacy laws.
• Obtained a favorable settlement for a dental practice support vendor in a national class action alleging invasion of privacy, negligence, and other claims arising out of an alleged data breach.
• Represented global social media company in negligence-related litigation and obtained dismissal based on Section 230 immunity, which was sustained on appeal in the 6th Circuit.
• Defended arbitration claims seeking statutory damages for alleged violations of California Invasion of Privacy Act based on alleged reporting of personal information through use of website-enabled pixels.
• Reached a favorable settlement for a Fortune 500 communications company in a Telephone Consumer Protection class action seeking over $100 million in damages.
• Negotiated a favorable settlement of all claims against a leading shooting sports products distributor in litigation alleging violations of the Computer Fraud and Abuse Act, including unauthorized access to a firearms dealer’s sales systems.
• Defended a Managed Services Provider in a dispute and formal mediation with its client arising from a ransomware attack and compromise of client-owned confidential information and personal data.
• Assisted a client in an investigation related to an insider threat cyberattack and a network intrusion that resulted in criminal charges being filed against a former employee for violations of the Computer Fraud and Abuse Act.
• Defended a technology startup in a putative class action alleging that its technology recorded customers’ conversations in violation of the Electronic Communications Privacy Act, and succeeded in achieving dismissal of all claims, while simultaneously asserting counterclaims against the named plaintiffs and plaintiffs’ counsel that survived a motion to dismiss. The case then settled on terms favorable to our client.
• Assisted a national financial institution in responding to a complaint filed in California state court that its website violated the Video Privacy Protection Act by implementing certain third-party pixels, cookies, and tags without proper notice and consent.
• Obtained voluntary dismissal of a Telephone Consumer Protection Act class action for a fax broadcaster without payment of any settlement funds.
• Advised a client on the defense and avoidance of claims alleging website collection of personal identifiable information in violation of the Video Protection Privacy Act and Electronic Communications Privacy Act.
• Assisted an international manufacturing company in implementing a biometric processing compliance program in the employment context for its operations in the United States and Canada, including advising on implementing biometric privacy policies, obtaining employee consent for biometric collection, and publishing public notices.
• Assisted a national real estate marketing firm in responding to a complaint that its website violated federal and state wiretapping laws by implementing certain third-party pixels, cookies, and tags on its website without proper notice and consent.
• Obtained dismissal of a purported class action asserting Fair and Accurate Credit Transactions Act violations for a national retailer.
• Advised a globally recognized museum on responding to a class action lawsuit and demand that its website violated the Video Privacy Protection Act through its use of social media pixel.
• Counseled a national manufacturing company on responding to a formal complaint that its website violated federal and state wiretapping laws with respect to its data processing activities.
• Negotiated a favorable class-wide settlement for a national pharmacy services provider in a Telephone Consumer Protection Act class action involving junk fax allegations.
• Negotiated favorable settlements in dozens of similar Telephone Consumer Protection Act junk fax cases, and regularly consult with companies and develop junk fax and text compliance programs.
• Obtained dismissal of a class action alleging Telephone Consumer Protection Act violations on behalf of a supplier of exhaust heat recovery products.
• Negotiated a favorable settlement for a national retailer against class claims of violations of the Florida Telephone Solicitation Act involving the sending of alleged “junk texts.”
• Defended a technology provider in a class action lawsuit alleging its product was incorporated into cellphone applications that allegedly collected end-user personal data in violation of the federal Wiretap Act.
• Defended a manufacturer of digital time clocks against claimed violations of the Illinois Biometric Information Privacy Act for allegedly retaining customers’ employees’ biometrics.