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Rebecca S. Engrav

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Partner

Rebecca Engrav is a litigator who resolves disputes for technology companies regarding online advertising, privacy and data security, user-generated content and intellectual property.  These issues are driven by use of the Internet as a platform for new business models, such as advertising-supported web services, mobile applications for smartphones, cloud computing and online retailing.  For example, Rebecca’s representative clients include Google, Blue Nile, Box, Couchsurfing, Snapchat, Twitter and Zillow

Government Investigations

Rebecca defends companies facing investigations or suits brought by federal and state government agencies and regulators, including the Federal Trade Commission (FTC), regarding online and mobile advertising and user data privacy and security.  Examples include:

  • Defended clients ranging from start-ups to FORTUNE 50 companies in response to access letters, civil investigative demands and subpoenas issued by the FTC.  As one example, Rebecca assisted in negotiating the first-ever “privacy by design” consent decree with the FTC on behalf of Google in regard to the company’s Buzz social networking service.  Rebecca’s FTC matters include both those proceeding under Section 5 of the FTC Act and the Children’s Online Privacy and Protection Act (COPPA), and have involved both web and mobile application advertising and user data privacy issues.
  • Assisted in representing Google in negotiating an NPA (non-prosecution agreement) with the U.S. Attorney’s Office for the District of Rhode Island related to Canadian online pharmacy ads.
Private Party Litigation

Rebecca represents companies when these issues arise in private party litigation, including class actions.  Examples include:
  • Represented Google in defense of nationwide class action challenging Google Buzz social networking application.  Case settled.
  • Obtained dismissal of purported anti-spam class action against Vonage.  Affirmed by the Ninth Circuit after the California Supreme Court answered the court’s certified question.
  • Brought suit on behalf of Google against online pharmaceutical sellers for using AdWords advertising network for unauthorized purposes, in violation of terms of use. Obtained default judgments.
  • Brought suit on behalf of Zillow against web forum participant in litigation regarding terms of use and liability for content posted online. Case settled.
  • Represented Blue Nile in numerous cases asserting copyright infringement and trade dress infringement claims related to diamond photographs and retail website. One case, against Ice.com, established the principles that a website’s “look and feel” can be protected trade dress and that the look-and-feel claim is not preempted by the Copyright Act.
Rebecca also counsels clients regarding online, social, and mobile advertising issues, such as restricted and illegal products, FTC guidance and enforcement, the Communications Decency Act and right of publicity.

Pro Bono

Rebecca is committed to pro bono representation, particularly in matters raising constitutional or public law issues.  Examples include:
  • Rebecca was a part of the Perkins Coie team that successfully represented Guantanamo Bay detainee Salim Hamdan on war crimes charges.
  • Partnered with Columbia Legal Services to represent Section 8 housing voucher holders in a class action that obtained a settlement with the Seattle Housing Authority to alter its practices and provide new hearings to class members who had lost their vouchers at hearings alleged to be unconstitutional.
  • With others at Perkins Coie, Rebecca represented a woman who had lost custody of her children after representing herself pro se in a dissolution matter, arguing (unsuccessfully) to the Washington Supreme Court that in certain circumstances, the Washington constitution provides a civil right to counsel.

Professional Recognition

  • Listed in Washington Law & Politics, "Rising Stars of Washington Law," 2009
  • Co-Recipient of "Perkins Coie Pro Bono Leadership Award," 2007

Professional Leadership

  • King County Prosecuting Attorney's Office, Trial Fellow
  • Western District of Washington Federal Bar Association, co-chair Membership Committee

Related Employment

  • U.S. Court of Appeals for the Ninth Circuit, Seattle, WA, Staff Attorney, 2002-2003
  • Howard, Rice, Nemerovski, Canady, Falk & Rabkin, PC, San Francisco, CA, Summer Associate, 1999, 2000
  • The Hon. Claudia Wilken, U.S. District Court for the Northern District of California, Externship, Summer 1998

Clerkships

  • Hon. Sidney R. Thomas, U.S. Court of Appeals for the Ninth Circuit, 2001 - 2002
  • Hon. David O. Carter, U.S. District Court for the Central District of California, 2000 - 2001

Education

  • University of California, Berkeley School of Law, (formerly Boalt Hall), J.D., 2000
    Managing Editor, California Law Review; Article Editor, Berkeley Women's Law Journal
  • Carleton College, B.A., Music, magna cum laude, Phi Beta Kappa, 1993

Bar Admissions

  • Washington

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Washington