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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Regulatory Horizons

Regulatory Horizons: Supply Chain Sovereignty: How U.S. and EU Regulatory Priorities Are Reshaping Life Sciences Manufacturing

BakerHostetler’s DADM Practice Group adds veteran data privacy litigator to bolster Privacy and Digital Risk Class Action and Litigation team in Los Angeles

BakerHostetler’s DADM Practice Group Garners Recognition in Vault ‘Guide to Legal Practice Areas’ for Ninth Consecutive Year, Two Attorneys Earn Notice

Alexander Reid Takes Part in Webinar on Avoiding Legal Risks for Nonprofits

Spencer has secured dismissals for clients across the country, including a 2024 victory in which the Alabama Supreme Court affirmed the dismissal of a class action against one of his clients and in a 2026 victory in which the Oregon Court of Appeals did the same for another client. In addition to privacy litigation, Spencer has significant experience defending claims under privacy statutes such as the California Consumer Privacy Act (CCPA), the Confidentiality of Medical Information Act (CMIA), the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA) and the Fair and Accurate Credit Transactions Act (FACTA), among others. Plaintiffs’ attorneys increasingly rely on these statutes to pressure defendants through the threat of extended litigation or statutory damages, and Spencer develops tailored defense strategies for each client. Additionally, Spencer holds a CIPP/US Certification.

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J.D., University of Southern California Gould School of Law, 2004

B.A., Government and Economics, Claremont McKenna College, 1998, 

<ul>
<li>California Super Lawyers
<ul>
<li>“Super Lawyer” (2017 to 2018)</li>
<li>“Rising Star” (2012 to 2016)</li>
</ul>
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</ul>


Los Angeles

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Digital Assets and Data Management

Privacy and Digital Risk Class Action and Litigation

<ul>
<li>Lead counsel for Alabama consulting firm in an employee and consumer class action matter where plaintiff alleged identity theft due to exposure of sensitive personal information including social security numbers. Obtained dismissal of all claims and the dismissal was affirmed by the Alabama Supreme Court following oral argument.</li>
<li>Lead counsel for digital solutions provider in matter where client suffered a data intrusion and claimant sought an eight-figure award in losses. Obtained arbitration award in favor of client based on showing that client employed reasonable security measures.</li>
<li>Lead counsel for online furniture retailer and wholesaler in matter alleging that the use of a chat function violated CIPA because it was the equivalent of a wiretapping violation. Obtained dismissal at the pleading stage.</li>
<li>Lead counsel for online retailer in matter alleging that the use of third-party software for functionality and marketing purposes violated California&#8217;s pen register law and entitled plaintiff to statutory damages under CIPA. Obtained dismissal at the pleading stage.</li>
<li>Lead counsel for property operator in CCPA investigation by California attorney general.</li>
<li>Lead counsel in threatened mass arbitration matter involving consumer product company. The matter was favorably settled prior to filing of arbitrations.</li>
<li>Lead counsel in numerous single-plaintiff matters alleging violations of CIPA and California’s pen register law. Obtained favorable results including settlements in matters where client sought favorable business solution.</li>
<li>Lead counsel for nationwide health care provider in class action matter alleging the exposure of personal health information due to compromise of a software provider. The matter was favorably settled prior to class certification.</li>
<li>Lead counsel for provider of third-party administration services for benefit plans in consolidated class action matters in Washington following a ransomware attack alleging the exposure of sensitive personal information, including social security numbers and personal health information. The matter was favorably settled prior to class certification.</li>
<li>Lead counsel for hospitality contractor in breach of contract suit with subcontracting meal provider where client filed crossclaims due to poor performance by the subcontractor. The matter was favorably settled prior to summary judgment.</li>
<li>Lead counsel for trade union in class action matter in New Jersey following a ransomware attack alleging the exposure of personally identifying information, including social security numbers. The matter was favorably settled prior to resolution of pleadings.</li>
<li>Lead counsel for Oregon health care provider in patient class action matter alleging the exposure of personal health information. The Oregon Court of Appeals affirmed the dismissal of the matter.</li>
<li>Lead counsel in a matter alleging the loss of personal health information. Obtained dismissal of plaintiff&#8217;s claims at the pleading stage and summary judgment on cross-complainant’s indemnification claims.</li>
<li>Lead counsel for an online retailer in a skimming class action matter alleging the theft of credit card information. Several claims were dismissed at the pleading stage with the court allowing the negligence claim to proceed despite plausibility issues relating to plaintiff&#8217;s harm allegations. The matter was favorably settled prior to class certification.</li>
<li>Lead counsel for restaurant group in class action matter alleging the failure to properly refund outstanding balances on gift cards. The matter was favorably settled prior to discovery.</li>
<li>Lead counsel for a themed entertainment company in four related privacy class action matters alleging violations of the Fair and Accurate Credit Transactions Act (FACTA). The matters were favorably settled after extensive motion and appellate practice.</li>
<li>Lead counsel for a hospital in a data breach class action matter alleging the loss of personal and individual health information. The matter was favorably settled on an individual basis following dismissal of statutory damage claim at pleading stage.</li>
<li>Lead counsel for a software provider in a purported class action alleging unauthorized access to personalized health information and false advertising claims in the sale of the software. The matter was settled favorably on an individual basis.</li>
<li>Lead counsel for an insurance company in consumer class action matters relating to a W-2 phishing data breach.</li>
<li>Lead counsel on behalf of a medical testing company that purportedly released personal and medical information of a customer in violation of the Confidentiality of Medical Information Act, the Customer Records Act and the Consumer Legal Remedies Act. Following motion practice, plaintiff&#8217;s claims were dismissed.</li>
<li>Handled the appeal for an insurance company relating to a seven-figure jury verdict awarding compensatory, non-economic and punitive damages for elder financial abuse and negligence. Punitive damages, representing more than 60% of the total award, were reversed.</li>
<li>Lead counsel for a medical facility in a consolidated data breach class action matter alleging the loss of personal and individual health information. Following successful motion practice relating to the statutory damage claims and completion of the forensic analysis, the class claims were voluntarily dismissed and the individual claims were settled favorably.</li>
<li>Lead counsel on behalf of a large retailer in a CIPA class action matter alleging unlawful recording of customer phone calls. The case was favorably settled on an individual basis at the pleading stage for a small fraction of the alleged damages.</li>
<li>Defended a homeopathic drug manufacturer in multiple, nationwide class actions asserting misrepresentation of product efficacy.</li>
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Spencer S. Persson

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