Paul Rosenthal’s practice is focused on defending public and private companies in complex commercial litigation matters including consumer-oriented marketing, advertising, labeling, and privacy claims. Paul has a depth of experience assisting clients with complex class actions and consolidated matters in state and federal courts, and as part of ADR processes.
Paul also regularly advises clients on a variety of privacy and consumer protection issues, ranging from policy drafting and due diligence compliance reviews to product counseling and transactional support addressing federal and state privacy and information security laws. Paul also defends clients in privacy, data security, and advertising and marketing practice-focused investigations. Paul is a Certified Information Privacy Professional/United States (CIPP/US) by the International Association of Privacy Professionals.
In his second decade of practice, Paul is appreciated for his ability to streamline complex issues and for his proven approach to problem-solving with an emphasis on practical solutions. A trusted advisor and colleague, Paul guides his clients with a risk-based approach so that there is clarity on the options for applying law to business objectives and navigating efficiently through the litigation process, where applicable.
Prior to joining the firm, Paul worked as an in-house counsel for a large, international consumer goods company. That experience gives Paul a valuable perspective and a first-hand appreciation of what business professionals and in-house counsel face on a daily basis, including what drives their decision-making process.
Earlier in his career, Paul was also an attorney at two of the largest commercial law firms in the world where he assumed first- and second-chair responsibilities for litigation matters from initial pleadings through jury verdicts and provided counsel to his clients on a range of complex issues.
Defended numerous clients in putative class actions and individual claims in state and federal court and arbitration alleging damages under the TCPA and state analogues.
Defended both software providers and website owner/operators against putative class action claims asserting privacy violations under state wiretapping statutes.
Defended packaged food retailers against putative class action claims alleging false and deceptive advertising, marketing, and labeling.
Obtained dismissal of all claims in a putative consumer class action alleging deceptive sales practices against a major national retailer.
Defended a nationwide consumer class action against an equipment-rental company concerning a damage waiver and fees charged on consumer contracts.
Coordinated the defense of a personal care product manufacturer against class action claims alleging false and deceptive advertising and labeling.
Coordinated the defense of a dog food manufacturer against class action claims alleging false and deceptive labeling.
Defended a manufacturer against more than 100 individual state and federal claims by consumers alleging personal injuries caused by alleged contamination of vintage personal care product. Part of multiple trial teams and substantial participation in expert discovery and motion practice.
Defended a medical device manufacturer against more than 100 individual state and federal claims (including federal MDL) brought by patients alleging injuries caused by allegedly defective device.
Defended a pharmaceutical company against multiple patients’ personal injury claims allegedly caused by a defective and deceptive product. Claims were dismissed after successful preclusion of plaintiffs’ primary expert.
Provided pre-litigation counsel and advice to a medical device company concerning potential liability arising from alleged failure of component parts.
Privacy and Consumer Protection Counseling
Provided practical legal advice on compliance with privacy and marketing laws and best practices. This includes compliance with federal and state laws throughout the U.S. (including the California Consumer Privacy Act (CCPA)), as well as international laws such as the General Data Protection Regulation (GDPR).
Performing TCPA and related consumer protection due diligence on calling and texting practices and technology solutions, as well as assisting clients in developing and enhancing telemarketing and non-telemarketing calling/texting compliance programs under the TCPA, TSR and state laws.
Performing privacy-related due diligence assessment to evaluate existing practices and assisting clients in developing enhanced policies and procedures.
Assisting clients (particularly cloud-based platforms and solution providers) in developing efficient processes for managing and negotiating responses to third-party subpoenas that comply with applicable privacy and other laws, and are not unduly burdensome to the company.
Defending clients in privacy, data security, and advertising and marketing practice-focused investigations by the Federal Trade Commission (FTC).
Represented a designer and retailer in a declaratory judgment action brought by a competitor concerning trade dress claims against the client’s signature product.
Represented a non-bank mortgage lender against claims alleging a trade secret misappropriation and tortious interference arising from the client’s hiring of a competitor’s former employees.
Represented an insurance company and employees against claims alleging trade secret misappropriation and tortious interference arising from client’s hiring of competitor’s former employees.
Represented software company in asserting theft of trade secret claims arising from competitor’s improper access to client’s proprietary platform.
Represented an international petroleum company in federal multi-district litigation and individual state court actions arising from an alleged defective design and failure to warn claims, natural resource damages claims, and related causes of action.
Represented a reinsurer against coverage claims. Acted as member of arbitration trial team.
Defended a technology company against claims by an app developer concerning alleged improper exclusion of app from the client’s platform.
Defended an international bank against breach of contract claims arising from the termination of a senior executive.
Represented a plaintiff in intellectual property litigation alleging trade dress infringement, unfair competition, and breach of contract.
Represented a religious organization against claims of negligence via breach of fiduciary duty and related claims arising from an individual personal injury.
Lead fact finder on internal investigation concerning alleged legal malpractice claims arising from a law firm’s handling of a client matter.
Counseled a client concerning potential defamation claims arising from news coverage of a consumer pricing policy and successfully negotiated partial retraction by a local television news program.
Provided consultation and strategic advice to multiple technology clients concerning potential litigation arising from vendor or other commercial contracts.
Counsel and support service providers, lead generators, and consumer-facing companies on potential liability and risk exposure arising from telemarketing procedures or in connection with active or threatened consumer litigation.
Lead counsel on a successful pro bono representation of a client’s application for permanent residency based on Special Immigrant Juvenile Status, including handling Family Court custody hearings and federal Immigration Court proceedings.
Part of multiple teams under ABA Detention Standards Implementation Initiative investigating the treatment of federal detainees held at state and county jails to evaluate conditions and compliance with controlling standards for reporting to Immigration and Customs Enforcement.
Lead pro bono appellate counsel for a client’s motion for post-conviction relief.
Paul was recognized as a leading practitioner by US Legal 500
, a Legalease Publication, for his work in the area of Cyber Law – Data Protection and Privacy, 2021. A description of the selection methodology can be found at www.legal500.com/assets/pages/about-us/how-it-works.html#rank
He was selected for inclusion in the 2015 New York Super Lawyers’
Rising Stars list, issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html
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