Worth Unlimited, LLC v. Reddit, Inc.

Superior Court of California, San Francisco County
Successfully defended motion to compel production of the identity of an anonymous speaker pursuant to domesticated subpoena in connection with out-of-state litigation.

Williams v. T-Mobile Usa Inc.

Circuit Court of Michigan, Wayne County
Defended T-Mobile against pretexting related claims.

Virtual Property and Real Money Transactions

Assisted virtual property trading platform company with regulatory compliance related to electronic payment systems and real money transactions.

Valentine, et al. v. NebuAd Inc., et al.

U.S. District Court for the Northern District of California
Represented Internet service providers WOW and Knology in a putative class action in which Internet subscribers alleged violations of federal and state privacy laws arising from the defendants' use on a trial basis of the NebuAd system.  The system was designed to allow ISPs to serve targeted advertisements to their customers browsing the Web.  Each of the ISP defendants was  an out-of-state provider with no customers in California. Case dismissed on the grounds that the court lacked personal jurisdiction.

User Webservice

Federal Trade Commission
Represented webservice in Federal Trade Commission investigation under Section 5 of the FTC Act regarding user data privacy.  Investigation closed.

Supnick v. Alexa Internet and Amazon.com Inc.

U.S. District Court for the Western District of Washington
Defense of purported nationwide class action challenging privacy practices related to information collected during visits to Web sites.

Security Breach Response

Provide counsel to numerous clients on the legal requirements following a data breach incidents, including the need for and content of consumer and regulator notifications, investigation and public relations. Advise on creation and modification of incident response plans. Supervise the maintenance of the security breach notification laws chart, which surveys the state laws that require notification in the event of security breaches involving the loss of personal data.

Privacy Counseling

Provide counsel to clients on a variety of issues surrounding the collection and use of personal data, including compliance with the Fair Credit Reporting Act (FCRA), Red Flag Rules, the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM, Family Educational Rights and Privacy Act (FERPA), Federal Trade Commission guidance and statute statutory and common law requirements. Draft privacy policies conforming to companies’ data practices and applicable legal requirements.

Mobile Advertising Network

Federal Trade Commission
Represented mobile advertising network in defense of Federal Trade Commission investigation under Section 5 of the FTC Act. The Commission sought information about specific categories of advertisements displayed to consumers on mobile applications and the network’s screening practices. Investigation closed.

Miller v. Smart & Final Inc.

Lead counsel for retailer in putative nationwide class action alleging violation of the Fair Credit Reporting Act (FCRA).

Manard v. Knology, Inc.

U.S. District Court for the Middle District of Georgia
Represented Internet service provider Knology in a putative class action in which Internet subscribers alleged violations of federal and state privacy laws arising from the ISP's use on a trial basis of the NebuAd system.  The system was designed to allow ISPs to serve targeted advertisements to their customers browsing the Web.  Successfully obtained order compelling arbitration of claims.  No. 4:10-CV-15, 2010 WL 2528320 (M.D. Ga. June 18, 2010).

Maestrini v. Smart & Final Inc.

Lead counsel in putative California Consumer Class Action alleging violation of State's Point of Sale privacy laws. Case dismissed with prejudice prior to certification.

Internet Enforcement—Fortune 500 Retailer

Led campaign against online scams that used infringing domain names, misleading websites, and false text messages to lure consumers into buying goods and services and disclosing personal information. Significantly reduced scams and consumer complaints regarding scams.

Internet Enforcement—Facebook

Ongoing management of a complete enforcement program for Facebook Inc. to enforce its Terms of Use; prosecute spammers, hackers and phishers; and to investigate and refer illegal behavior to law enforcement.

Intermarine, LLC v. Spliethoff Bevrachtingskantoor

U.S. District Court for the Northern District of California
Successfully moved to quash federal deposition subpoena issued to Dropbox, obtaining published order holding that providers like Dropbox do not need to make themselves available for testimony every time a subscriber’s records are at issue in a case.

Inquiry Into Google Wifi Data Collection Via Street View

Represented Google before regulatory bodies globally, and in litigation, regarding Google's WiFi data collection via Street View.  Successfully obtained closing letter from the Federal Trade Commission, completing its investigation.

In the Matter of Google Inc.

Federal Trade Commission
Successfully represented Google before the Federal Trade Commission in defense of FTC complaintregarding launch of Google Buzz social networking application and Gmail user privacy. The resulting consent decree was the first FTC privacy and EU Safe Harbor settlement. Assisted the company in implementation of the privacy program described in the consent decree.

In Re Google Buzz Privacy Litigation

U.S. District Court for the Northern District of California
Represented Google in defense of consolidated nationwide class actions challenging Google Buzz social networking application for alleged violations of Gmail user privacy. Settlement approved by the court.

In re Facebook, Inc.

U.S. District Court for the Northern District of California
Successfully moved to quash subpoena, issued pursuant to 28 U.S.C. § 1782 seeking the content of social media communications belonging to a deceased user.

Hoang v. Amazon.com, Inc. and IMDb.com, Inc.

U.S. District Court for the Western District of Washington
Successfully represented Amazon.com, Inc. and IMDb.com, Inc. in defense of breach of contract, fraud, Consumer Protection Act, and Washington Privacy Act claims relating to IMDb.com’s online publication of the plaintiff’s accurate date of birth.  Obtained successful summary judgment disposition for Amazon.com, and a unanimous defense verdict for IMDb.com following a jury trial.

Facebook Electronic Communications Privacy Act (ECPA) Compliance Program

Counseling and litigation related to subpoenas, court orders, warrants and other requests for user information subject to the ECPA, Stored Communications Act and other federal and state statutes.

Electronic Surveillance and User Data Disclosure Counseling

Assist communications service providers in developing procedures to comply with lawfully authorized electronic surveillance orders and user data disclosure requests, both domestically and internationally, primarily in accordance with the Electronic Communications Privacy Act (ECPA).

Crowley v. Cyberspace Corporation

U.S. District Court for the Northern District of California
Successful defense of putative class action challenging privacy practices of retailer and credit verification service.  166 F. Supp. 2d 1263 (N.D. Cal. 2001)

Craigslist.com Website Enforcement Program

Pre-litigation investigation, enforcement program and litigation related to Internet infringement of craigslist’s copyrights, trademarks and terms of use violations.

Counseling: Money Transmission and Anti-Money Laundering

Provide comprehensive counseling regarding compliance with state and federal money transmission laws as they relate to emerging payment systems, and in particular decentralized virtual currency business ventures. Develop and implement anti-money laundering programs, conduct related risk assessments, and represent clients before state and federal regulators like FinCEN and state departments of financial services.

Cloud Computing Provider

Federal Trade Commission
Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding security practices for mobile access to cloud computing service. Investigation closed.

Chance, et al. v. Avenue A Inc.

U.S. District Court for the Western District of Washington
Defense of nationwide class action challenging Internet privacy practices. Settled after successful summary judgment motion. 165 F. Supp. 2d 1153 (W.D. Wash. 2001)

Anti-Money Laundering Compliance Program Dealing With Emerging Payment Methods

Worked with national car association to develop anti-money laundering compliance program addressing traditional payment services, such as money transmission and consumer credit, as well as new payment products and services, such as open loop gift cards and P2P services.