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Experience
Privacy & Security
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).
In re Facebook, Inc.
U.S. District Court for the Northern District of California
Successfully moved to quash subpoena, issued pursuant to 28 U.S.C. § 1782 seeking the content of social media communications belonging to a deceased user.
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.
Inquiry into Google WiFi Data Collection via Street View
Represented Google before regulatory bodies globally, and in litigation, regarding Google's WiFi data collection via Street View. Successfully obtained closing letter from the Federal Trade Commission, completing its investigation.
Intermarine, LLC v. Spliethoff Bevrachtingskantoor
U.S. District Court for the Northern District of California
Successfully moved to quash federal deposition subpoena issued to Dropbox, obtaining published order holding that providers like Dropbox do not need to make themselves available for testimony every time a subscriber’s records are at issue in a case.
Mobile Application
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.
Worth Unlimited, LLC v. Reddit, Inc.
Superior Court of California, San Francisco County
Successfully defended motion to compel production of the identity of an anonymous speaker pursuant to domesticated subpoena in connection with out-of-state litigation
Class Action Defense
In re Carrier IQ, Inc., Consumer Privacy Litigation
U.S. District Court for the Northern District of California
Represent Sprint in putative class actions asserting claims under federal and state privacy laws, including the Federal Wiretap Act and the Computer Fraud and Abuse Act.
In re Starbucks Consumer Litigation
Defended Starbucks in consolidated nationwide consumer protection class actions challenging pricing practices for scooped whole bean coffee purchased in amounts under one pound.
Holt v. Redbox Automated Retail, LLC
U.S. District Court for the Southern District of California
Successfully defended Redbox in putative class action alleging violation of the Telephone Consumer Protection Act. Motion to dismiss granted.
Palmer v. Sprint Spectrum, L.P.
U.S. District Court for the Western District of Washington
Defended Sprint in putative class action alleging violation of the Telephone Consumer Protection Act.
Mehrens/DiSimone v. Redbox Automated Retail, LLC
U.S. District Court for the Central District of California
Defended Redbox in putative class action alleging that collection of certain information at Redbox kiosks violates California's Song-Beverly Act. Obtained a dismissal via a motion to dismiss, and had dismissal affirmed on appeal to the Ninth Circuit Court of Appeals.
Opperman, et al. v. Path Inc., Twitter Inc., et al.
U.S. District Court for the Western District of Texas
Defending Twitter in putative nationwide class action alleging violations of federal privacy laws, including the Wiretap Act, Stored Communications Act and Computer Fraud and Abuse Act, and related state torts.
Litigation
Anderson v. The Baseball Club of Seattle d/b/a The Seattle Mariners, et al.
U.S. District Court for the Western District of Washington
Defending challenge to regulation of ticket scalping.
Facebook Inc. v. Jeremy Fisher; Philip Porembski; Ryan Shimeall, et al.
U.S. District Court for the Northern District of California
Successfully prosecuted and obtained a $360.5 million judgment against Philip Porembski for running a major phishing and spamming attack on Facebook users.
Tech Amicus
Fourth Amendment: Search and Seizure
- United States of America v. Luke Wilson
- United States of America v. William J. Miller
- United Sates of America v. Walter E. Ackerman
