Jim McCullagh is a partner with the firm’s Privacy & Security group. He counsels clients and represents them in litigation regarding privacy, data security, compliance with law enforcement and other requests for user data, cyber enforcement and e-discovery issues. Jim’s litigation focus is on technology and intellectual property issues, including investigation, enforcement programs and litigation of computer fraud and abuse, data breaches, spam, phishing, IP infringement (trademark and copyright) and other unlawful activities occurring on the internet. Jim counsels companies regarding content liability issues and has participated in cases throughout the country where immunity provided by Section 230 of the Communications Decency Act regularly results in an early dismissal of claims against information service provider clients.
Jim helps manage the firm’s subpoena and warrant compliance group, which assists communications service providers in responding to government and other requests for lawfully authorized electronic surveillance and disclosure under the federal Electronic Communications Privacy Act (ECPA), including under the Wiretap Act (Title III), the Pen Register/Trap and Trace Statute, and the Stored Communications Act. He has been involved in state and federal litigation in many jurisdictions throughout the country, including several appeals in California for clients such as Facebook. Jim regularly consults with local counsel throughout the world to assist multinational clients’ understanding of disclosure requirements and surveillance risks.
Additionally, Jim is responsible for a team that helps defend clients against illegal spamming, phishing and other malicious online behavior. He routinely helps clients work through issues related to data breaches.
E-discovery is another counseling area for Jim. He works with clients in many aspects, including audits of current practices, consultation with in-house counsel regarding process improvements and data collection, litigation readiness and management of electronic document reviews.
- Listed in Best Lawyers in America 2015 - present: Commercial Litigation
- International Association of Privacy Professionals (IAPP), CIPP - U.S.
- IAPP Publication Advisory Board, 2012 - 2014
- Privacy/Consumer Protection Editorial Advisory Board, Law360, 2013
Hon. H. Coleman, State Court of Appeals of Washington, 1997 - 1999