Litigation is one of the greatest threats arising from the expansion of data collection and digital asset management. Our national team has represented some of the largest and well-known companies, handling more than 100 privacy and data-related litigations across a broad range of industries. The unmatched combination of our incident response, e-discovery advocacy and data security breach litigation experience enables us to do an effective assessment at the outset to simulate likely outcomes of alternate strategies and develop a case-specific “litigate to win” strategy.
We are adept at handling all aspects of privacy- and data security-related litigation. This includes the class actions that can follow a data security incident as well as litigation based on state and federal laws, including the California Consumer Privacy Act (CCPA), Health Insurance Portability and Accountability Act (HIPAA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), and California’s Song-Beverly Act. Not only are our core team members experienced in the courtroom, but the group also includes litigators who focus on privacy class action defense. We have a successful record obtaining denials of class certification, dismissals and summary judgments as well as severely limiting clients’ exposure to damages – all in privacy and digital risk litigation.
It is not uncommon that the complaints in this type of litigation include claims involving statutory violations that have potentially catastrophic statutory damages. We have defended – and helped develop precedent-setting case law – in matters involving:
- California Confidentiality of Medical Information Act.
- Deceptive and Unfair Trade Practices Act.
- HIPAA.
- Illinois Biometric Information Privacy Act (BIPA).
- TCPA.
- Video Privacy Protection Act (VPPA) and Michigan Video Rental Protection Act.
Our industry experience includes education, financial services, healthcare, hospitality, retail and other major sectors, and we are internationally recognized for the strength of our litigators and courtroom strategies.