Professional Biography

Rebecca S. Engrav Partner

  • Seattle

    D +1.206.359.6168

    F +1.206.359.7168

    Seattle

    1201 Third Avenue, Suite 4900

    Seattle, WA 98101-3099

    +1.206.359.6168

    REngrav@perkinscoie.com

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Overview

Experience

Federal Trade Commission and State Attorneys General Investigations

In the Matter of Google Inc.

Federal Trade Commission
Successfully represented Google before the Federal Trade Commission in defense of FTC complaint regarding launch of 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.

Cloud Computing Provider

Federal Trade Commission
Represented cloud computing provider in Federal Trade Commission investigation under Section 5 of the FTC Act regarding alleged breach of user data privacy and security. Investigation closed.

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.

Mobile Advertising Network

Federal Trade Commission
Represented mobile advertising network in defense of Federal Trade Commission investigation under Section 5 of the FTC Act regarding network’s data collection practices, advertising formats, and disclosures to users. Investigation closed.

Mobile Advertising Network

Federal Trade Commission
Represented mobile advertising network in defense of Federal Trade Commission investigation under Section 5 of the FTC Act and COPPA. Investigation closed.

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.

Mobile Application

Federal Trade Commission
Represented mobile application in defense of Federal Trade Commission investigation under Section 5 of the FTC Act and simultaneous investigations by various state attorneys general.

Online Advertising Platform Company

Federal Trade Commission
Represented online advertising platform company in defense of Federal Trade Commission investigation under Section 5 of the FTC Act regarding screening practices for online advertisements. Investigation closed.

SMS Content Provider

Represented content provider in defense of Federal Trade Commission investigation under Section 5 of the FTC Act regarding SMS advertising and marketing practices. Investigation closed.

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.

Class Actions

Patel v. Zillow

U.S. District Court for the Northern District of Illinois
U.S. Court of Appeals for the Seventh Circuit
Obtained dismissal of purported class action alleging that Zillow’s Zestimate® was an unlawful unlicensed appraisal under Illinois law and that its description and use of the Zestimate® violated consumer protection laws and was an intrusion upon seclusion. The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s ruling dismissing the case with prejudice on all counts.

Rudgayzer v. Google Inc.

U.S. District Court for the Eastern District of New York
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Ninth Circuit
Represented Google in defense of purported class action challenging settlement of In re Google Buzz Privacy Litigation, and alleging violations of the Stored Communications Act (SCA) in connection with the launch of Google Buzz social networking application. Obtained dismissal of all claims.

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 Starbucks Consumer Litigation

U.S. District Court for the Western District of Washington
Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound. Case settled.

Kleffman v. Vonage Holdings Corporation, et al.

U.S. Court of Appeals for the Ninth Circuit
Obtained dismissal of purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court's certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).

Wilson v. Seattle Housing Authority

U.S. District Court for the Western District of Washington
Partnered with Columbia Legal Services in pro bono case alleging constitutional violations in hearings at which Section 8 housing voucher holders had lost their vouchers. Obtained class action settlement approved by the court that required the Seattle Housing Authority to alter its practices and provide new hearings to class members.

Odom, et al. v. Microsoft Corporation, et al.

King County Superior Court (Washington)
Represented Best Buy in nationwide class action alleging Consumer Protection Act violations.

FMS Inc. v. Dell Computer Corporation

King County Superior Court (Washington)
Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

Bentcover v. Safeco

King County Superior Court (Washington)
Successful settlement of class action by auto insurance customers.

Other Internet Litigation

Leo India Films Ltd. v. The Rubicon Project, Inc.

Superior Court of California, Los Angeles County
Successfully opposed ex parte application for temporary restraining order, leading to settlement of entire case, in business dispute between publisher and ad tech platform.

ICF Technology, Inc. v. Google Inc.

U.S. District Court for the Western District of Washington
Successfully represented Google in defense of complaint seeking to force Google to change its Search results. The complaint alleged tortious interference, defamation, and violation of the Washington Consumer Protection Act. Obtained denial of motion for temporary restraining order, after which the plaintiff voluntarily dismissed the case.

Google Inc. v. Jackman, et al.

U.S. District Court for the Northern District of California, San Jose Division
Represent Google in litigation against online pharmaceutical sellers for using AdWords advertising network for unauthorized purposes.

Gordon v. Publishers Clearing House, Inc.

U.S. District Court for the Western District of Washington
Represented Publishers Clearing House in defense of CAN-SPAM and Washington CEMA claims. Resolved by settlement.

Zillow, Inc. v. Kolsky

U.S. District Court for the Western District of Washington
Represent Zillow in litigation regarding terms of use and liability for content posted online.

Blue Nile, Inc. v. Ice.com, Inc.

U.S. District Court for the Western District of Washington
Represented Blue Nile in prosecution of copyright infringement and trade dress infringement claims related to diamond photographs and retail website. The case 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. Resolved by settlement. 2007 WL 172613 (W.D. Wash.)

Blue Nile, Inc. v. Ideal Diamond Solutions, Inc.

U.S. District Court for the Western District of Washington
Represented Blue Nile as plaintiff on copyright infringement claims regarding diamond photographs on retail website and trademark claims regarding domain names. Obtained summary judgment ruling that individual defendant was liable for copyright infringement. 2011 WL 3360664 (W.D. Wash.)

Blue Nile, Inc. v. Szul Jewelry, Inc.

U.S. District Court for the Western District of Washington
Represented Blue Nile in prosecution of copyright infringement action related to diamond photographs.

Blue Nile, Inc. v. Wal-Mart Stores, Inc.

U.S. District Court for the Western District of Washington
Represented Blue Nile in prosecution of copyright infringement action related to diamond photographs.

Blue Nile, Inc. v. Zale Corporation

U.S. District Court for the Western District of Washington
Represented Blue Nile in prosecution of copyright infringement action related to diamond photographs.

Silvers v. Google Inc.

U.S. District Court for the Southern District of Florida
Represented Google in trademark case relating to plaintiff's alleged rights in "Googles" for children's entertainment. Case settled.

Appellate, Constitutional & Political Law

Hamdan v. Rumsfeld, et al.

U.S. Court of Appeals for the District of Columbia Circuit
U.S. Supreme Court
In pro bono habeas corpus litigation, obtained United States Supreme Court ruling striking down military commissions established to try detainees held at Guantanamo Bay, Cuba. 344 F. Supp. 2d 152 (D.D.C. 2004), rev'd, 415 F. 3d 33 (D.C. Cir. 2005), rev'd, 548 U.S. 557 (2006). After Congress passed Military Commissions Act of 2006, defended prisoner tried July 21 to August 7, 2008 before military commission in Guantanamo Bay Naval Station, Cuba, resulting in acquittal on charge of conspiracy and conviction on lesser charge of material support. Obtained vacation of conviction by D.C. Circuit, which held that the material support charge was Ex Post Facto. 696 F.3d 1238 (D.C. Cir. 2012).

King v. King

State Supreme Court of Washington
Pro bono representation on appeal. In "civil Gideon" case, argued – ultimately unsuccessfully – that the trial court should have appointed counsel to defend our client (an indigent woman who could not afford counsel) in a child custody proceeding in which she faced the loss of her fundamental parenting rights and her opponent (her then-husband) was represented by counsel. 174 P.3d 659 (Wash. 2007)

Burton v. Twin Commander Aircraft LLC

State Supreme Court of Washington
Successfully defended Twin Commander Aircraft under the General Aviation Revitalization Act (GARA) in seven wrongful death brought against the aircraft type certificate holder arising out of the crash of a twin-engine aircraft in Mexico. Persuaded Washington Supreme Court to reinstate defense summary judgment after the Court of Appeals reversed the trial court. 254 P.3d 778 (Wash. 2011).

Costco Wholesale Corporation v. Hoen, et al.

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington
Plaintiff's counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco's attorney's fees. 407 F. Supp. 2d 1234 and 1247 (W.D. Wash. 2005); 522 F.3d 874 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.

Haggen, Inc. v. Lyndon LaRouche Political Action Committee

Superior Court of Washington, Snohomish County
Obtained stipulated permanent injunction preventing organization from engaging in political speech and advocacy on private property.

Sanders v. City of Seattle, LLC, et al.

State Supreme Court of Washington
Successful defense of shopping center owner on appeal of free speech dispute involving government-owned easement through a shopping center. 156 P.3d 874 (Wash. 2007)

Borders, et al. v. King County, et al. and Washington State Democratic Central Committee

Superior Court of Washington, Chelan County
Challenge by the Republican Party to the election of Washington State Governor Christine Gregoire, the closest gubernatorial election in United States history. After two-week trial, the court upheld the election results. No. 05-2-00027-3

Washington State Republican Party v. King County Division of Records, Elections and Licensing Services, et al.

State Supreme Court of Washington
Obtained ruling that county vote canvassing board was entitled to recanvass ballots that determined outcome of state gubernatorial election. 103 P.3d 725 (Wash. 2004)

In re Contest of General Election Held on Nov. 4, 2008

Supreme Court of Minnesota
Obtained a unanimous decision affirming that Al Franken had received the highest number of votes legally cast in the 2008 general election for United States Senator and therefore was entitled to receive the certificate of election. Perkins Coie also represented Franken during the election, a six-week recount involving nearly three million ballots—the largest in American history, a seven-week trial, and multiple appearances before the Minnesota Supreme Court. 767 N.W.2d 453 (Minn. 2009).

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RELATED INFORMATION

Bar and Court Admissions

  • Washington
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Washington

Education

  • UC Berkeley School of Law, (formerly Boalt Hall), J.D., 2000, Managing Editor, California Law Review; Article Editor, Berkeley Women's Law Journal
  • Carleton College, B.A., Music, magna cum laude, Phi Beta Kappa, 1993