Professional Biography
Hayley Berlin

Hayley L. Berlin Partner

  • Seattle

    D +1.206.359.6161

    F +1.206.359.9000

    Seattle

    1201 Third Avenue, Suite 4900

    Seattle, WA 98101-3099

    +1.206.359.6161

    HBerlin@perkinscoie.com

  • Washington, D.C.

    T +1.202.654.6200

    F +1.202.654.6211

    Washington, D.C.

    700 13th Street, NW, Suite 800

    Washington, DC 20005-3960

    +1.202.654.6200

    HBerlin@perkinscoie.com

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Overview

Experience

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).

Internet Enforcement—Facebook

Support complete enforcement program for Facebook to enforce their terms; combat fraud; prosecute spammers, hackers and phishers; and to investigate and refer illegal behavior to law enforcement.

Privacy Assessments 

Conducted thorough assessments of the privacy and data security practices of various clients that collect and process personal data. The assessments consisted of extensive interviews with client personnel, reviews of contracts with third parties, and production of a report with recommended improvements.

Information Governance

Provide counsel related to the structure and content of information governance policies and procedures. Develop and implement comprehensive information management frameworks, including drafting information governance policies, related privacy and security programs, and implementation procedures. Also have experience tailoring these frameworks to applicable standards (NIST, ISO, etc.).

In the Matter of The Search of Information Associated With [Redacted]@Gmail.Com That is Stored at Premises Controlled by Google, Inc., No. 17-Mj-757 (GMH)

U.S. District Court for the District of Columbia
Represent Google in ongoing litigation regarding whether a search warrant issued pursuant to the Stored Communications Act, 18 U.S.C. §§ 2701-2710, can be used to compel a communications service provider to seize customer communications stored outside the United States and disclose them to the government.

Facebook Inc. v. Martin Grunin

U.S. District Court for the Northern District of California
Helped successfully prosecute and obtain a $415,000 judgment against an individual who had abused Facebook’s advertising services and breached Facebook's Terms of Use.

Sarkar v. Doe

Court of Appeals of Michigan
Represented Google and Twitter as amici curiae arguing that the First Amendment requires a litigant that seeks to unmask an anonymous online speaker for purposes of filing a defamation claim to first make an evidentiary showing in support of the claim. The Michigan Court of Appeals agreed that the First Amendment barred disclosure of the anonymous speaker’s identity.

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RELATED INFORMATION

Bar and Court Admissions

  • District of Columbia
  • Michigan
  • Washington
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Western District of Washington

Education

  • University of Michigan Law School, J.D., cum laude, 2010, Notes Editor, Michigan Journal of International Law
  • University of Michigan, B.A., English Literature, with high honors and distinction, 2005