Erin Earl defends companies in high-stakes privacy and security litigation and government agency investigations, including inquiries from the Federal Trade Commission (FTC) and state attorneys general. Experienced in complex litigation, Erin’s class-action experience includes data breach class-action defense, as well as claims brought under state biometrics laws; the Electronic Communications Privacy Act (ECPA), including the Wiretap Act and Stored Communications Act (SCA); state call-recording statutes; the Telephone Consumer Protection Act (TCPA), and other privacy claims. Erin also has experience litigating B2B disputes arising out of data security incidents and cases arising under the Computer Fraud and Abuse Act (CFAA).
Erin’s regulatory practice includes handling investigations and inquiries from the FTC, state attorneys general, and the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR). These matters have focused on topics such as security incidents and data breaches, data security and privacy safeguards, and artificial intelligence/machine learning (AI/ML).
Drawing on her experience with litigation and regulatory defense, Erin counsels clients on strategies for reducing business and litigation risks, particularly in connection with issues involving consumer privacy, child safety, content moderation, and AI/ML and automated decision making. She also advises companies on governmental order compliance and helps them develop and implement internal privacy, data security, and AI/ML policies and governance.
As a former software engineer, Erin offers a perspective into the privacy and security challenges companies face and is able to effectively communicate with witnesses to understand the relevant technology.
Professional Recognition
- Recognized by Best Lawyers: Ones to Watch for Commercial Litigation Law, 2021 – 2024
Clerkships
- Hon. Raymond C. Fisher, U.S. Court of Appeals for the Ninth Circuit, 2013 - 2014
- Hon. Leonie M. Brinkema, U.S. District Court for the Eastern District of Virginia, 2012 - 2013