Privacy and Cybersecurity Litigation
- Our experience litigating privacy and cybersecurity disputes covers a wide range of forums and actions, including:
- Attorney General Investigations and Actions
- Federal and State Courts
- International Trade Commission
- Federal Trade Commission
- Class Actions
- Arbitrations and International Arbitration
- Incident response counseling
- Incident response litigation
- Class actions—both affirmative and defensive
- Breach coaching for cyber incident response
- Privacy and cybersecurity legal counseling and litigation representation
- Cyber risk insurance assessments and policy drafting
- Evaluating and drafting vendor agreements pertaining to cybersecurity and privacy issues
- Incident response planning, including drafting response plans, testing with tabletop exercises or simulation exercises
Clients and Industries
Our privacy and data security experience includes investigating, litigating, and advising clients in multiple data-rich and data-sensitive industries, including:
- Banks and Other Financial Services Providers
- Cable Companies
- Digital Health Companies
- Educational Institutions
- Food and Beverage Companies
- Global Business and Technology Sourcing
- Health Care Providers
- Housing and Real Estate Marketplace Solutions Providers
- Insurance Companies
- Internet Service Providers
- Law Firms
- Mobile Application Developers
- Pharmaceutical Companies
- Technology Companies
Selected Case Results
- Equifax Data Breach Litigation: This massive litigation alleges multiple acts of negligence on Equifax’s part, including a failure to adequately alert the more than 143 million customers impacted by the 2017 breach. Robins Kaplan partner Stacey Slaughter was appointed to the eight-member Financial Institution Plaintiffs’ Steering Committee in this multidistrict suit.
- Represented Liberty Mutual in a Telephone Consumer Protection Action (TCPA) case. In November 2017, the firm successfully negotiated a settlement for $36,200—a phenomenal result in a TCPA case.
- Co-counsel representation of SuperValu Inc. obtaining complete dismissal of claims in a consolidated putative class action for alleged compromised customer data collected in SuperValu’s retail locations.
- Secured dismissal of class action against national retailer asserting that the retention of drivers’ license information violated the Drivers Privacy Protection Act (“DPPA”), 18 U.S.C. §§ 2721, et seq. That Act provides for liquidated damages (statutory damages) of $2,500 per person. 18 U.S.C. § 2725. The Circuit Court of Appeals affirmed the dismissal.
- Negotiated $4.5 million nationwide and statewide class action settlement on behalf of national retailer. The two classes combined had nearly 500,000 members.
- In re Imagitas, Inc. DPPA Litigation: Obtained summary judgment affirmed by Court of Appeals in defense of alleged class actions that the insertion of advertising into motor vehicle registration mailings violated the DPPA.
- Obtained denial of class certification for online retailer in case of first impression under Song Beverly Credit Card Act, California Civil Code Section 1747.08, involving requests for consumers’ personal identifying information (PII) in online credit card transactions.
- Obtained denial of class certification for brick-and-mortar retailer in Song Beverly Credit Card Act (ZIP code) claim, California Civil Code Section 1747.08, holding requests for personal identification information as part of reward program enrollment and member lookups are special purposes incidental to the transactions and do not violate the Act.
- Obtained a motion to dismiss in favor of our client on a class action suit involving video purchases brought under the Video Privacy Protection Act (“VPPA”).
- Resolved multiple TCPA class actions on a nominal, confidential individual basis, avoiding class certification and minimizing discovery and business interruption costs for our defendant clients.
* Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
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