Rebecca Engrav litigates disputes for technology companies regarding online advertising, privacy and data security, user-generated content and intellectual property. These disputes typically arise from 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.
More specifically, Rebecca defends companies facing investigations or suits brought by federal and state government agencies and regulators, including the Federal Trade Commission (FTC). She also represents companies when these issues arise in private party litigation, including class actions. In addition, she counsels clients regarding online, social, and mobile advertising issues, such as restricted and illegal products, FTC guidance and enforcement, the Children’s Online Privacy Protection Act (COPPA), the Communications Decency Act and right of publicity.
- 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.
- Defended companies in response to privacy investigations by the Maryland, Connecticut, and California attorneys’ general offices.
- 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
- 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.
- Successfully resisted TRO which led to dismissal of suit against Google challenging ranking in Search.
- 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 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.