Privacy and Information Security Litigation
Privacy and Information Security Litigation
Companies that collect, store and use consumer data face a challenging environment and potential legal exposure as regulatory bodies, state attorneys general and private litigants with hefty damage demands increasingly focus on consumer privacy and data security.
Our Privacy and Information Security attorneys work at the leading edge of privacy and data security law, guiding companies through dozens of regulatory inquiries, government and internal investigations, enforcement actions and litigation brought each year by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the Consumer Financial Protection Bureau (CFPB), state attorneys general and individual, or classes of, consumers.

Our goal is to minimize risk and achieve an outcome that makes sense for our clients — whether that’s closure of an inquiry or investigation, a favorable settlement, or successful litigation.  Our team has a unique perspective developed from years of serving as in-house counsel to retailers, consumer product manufacturers and financial services companies, and as part of the FTC’s Bureau of Consumer Protection, the New Jersey Office of the Attorney General, and the U.S. Attorney’s Office for the Southern District of New York.  We enjoy strong relationships and a well-earned reputation for integrity and credibility with attorneys at every level of the FTC, in the offices of state attorneys general, and with many class action-focused plaintiffs’ firms.

We have a deep understanding of the laws commonly at issue in privacy and data security litigation, including the federal Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Fair and Accurate Credit Transactions Act (FACTA), and Telephone Consumer Protection Act (TCPA), and various state consumer protection laws such as the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA).  We have an impressive record negotiating with state and federal regulators to close investigations amicably, including dozens of cases over the last decade in which we’ve convinced FTC staff not to recommend enforcement action to the Commission.  We’ve also negotiated assurances of voluntary compliance with state attorneys general in both single- and multi-state matters.  And our market-leading class action litigators have years of experience with privacy-related issues, which we expect to multiply with the recent passage of the CCPA.  Our team includes several litigators that are Certified Information Privacy Professionals (CIPP/US) by the IAPP.

We serve clients in many highly-scrutinized industries, including consumer products and retail, hotel and leisure and financial services, as well as telecommunications, broadband, technology and mobile services.  While our team works with clients facing investigations or litigation related to all types of privacy issues, we are especially effective in matters at the intersection of consumer privacy and marketing and advertising.

 
 

Overview

Companies that collect, store and use consumer data face a challenging environment and potential legal exposure as regulatory bodies, state attorneys general and private litigants with hefty damage demands increasingly focus on consumer privacy and data security.
Our Privacy and Information Security attorneys work at the leading edge of privacy and data security law, guiding companies through dozens of regulatory inquiries, government and internal investigations, enforcement actions and litigation brought each year by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), the Consumer Financial Protection Bureau (CFPB), state attorneys general and individual, or classes of, consumers.

Our goal is to minimize risk and achieve an outcome that makes sense for our clients — whether that’s closure of an inquiry or investigation, a favorable settlement, or successful litigation.  Our team has a unique perspective developed from years of serving as in-house counsel to retailers, consumer product manufacturers and financial services companies, and as part of the FTC’s Bureau of Consumer Protection, the New Jersey Office of the Attorney General, and the U.S. Attorney’s Office for the Southern District of New York.  We enjoy strong relationships and a well-earned reputation for integrity and credibility with attorneys at every level of the FTC, in the offices of state attorneys general, and with many class action-focused plaintiffs’ firms.

We have a deep understanding of the laws commonly at issue in privacy and data security litigation, including the federal Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Fair and Accurate Credit Transactions Act (FACTA), and Telephone Consumer Protection Act (TCPA), and various state consumer protection laws such as the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA).  We have an impressive record negotiating with state and federal regulators to close investigations amicably, including dozens of cases over the last decade in which we’ve convinced FTC staff not to recommend enforcement action to the Commission.  We’ve also negotiated assurances of voluntary compliance with state attorneys general in both single- and multi-state matters.  And our market-leading class action litigators have years of experience with privacy-related issues, which we expect to multiply with the recent passage of the CCPA.  Our team includes several litigators that are Certified Information Privacy Professionals (CIPP/US) by the IAPP.

We serve clients in many highly-scrutinized industries, including consumer products and retail, hotel and leisure and financial services, as well as telecommunications, broadband, technology and mobile services.  While our team works with clients facing investigations or litigation related to all types of privacy issues, we are especially effective in matters at the intersection of consumer privacy and marketing and advertising.

Partner
Email (202) 342-8603(202) 342-8603
Alysa Hutnik chairs the firm’s Privacy and Information Security practice and delivers comprehensive expertise in all areas of privacy, data security and advertising law.  Her experience ...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunicat...
Partner
Email (202) 342-8544(202) 342-8544
John Heitmann, chair of the Communications practice, counsels wireless, wireline and cable broadband and telephony service providers, and other entities, large and small, international and domestic...
Partner
Email (973) 503-5910(973) 503-5910
Lauri Mazzuchetti’s practice focuses on commercial litigation and consumer-oriented class action defense, representing clients in FTC and state attorneys general investigations and other liti...
Partner
Email (202) 342-8588(202) 342-8588
Dana Rosenfeld serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee and past chair of the firm’s Privacy and Information Security practice. ...
Partner
Email (973) 503-5943(973) 503-5943
Paul Rosenthal’s practice is focused on defending public and private companies in complex commercial litigation matters including consumer-oriented products liability and marketing-related cl...
Partner
Email (973) 503-5923(973) 503-5923
Whitney Smith’s practice focuses on complex commercial litigation and consumer class action defense.  Whitney frequently defends clients faced with claims under the Telephone Consumer Pr...
Partner
Email (202) 342-8423(202) 342-8423
A member of the firm’s Executive Committee, John Villafranco provides litigation and counseling services, with a focus on advertising law matters and consumer protection. John is highly respe...
Special Counsel
Email (312) 857-7087(312) 857-7087
Michael Dover’s practice focuses on providing legal advice and unique legal perspectives on the rights of innovative technology companies.  Mike’s clients include a wide range of e...
Special Counsel
Email (973) 503-5917(973) 503-5917
Glenn Graham focuses on all aspects of civil litigation.  His experience includes consumer class action defense, commercial litigation and contract disputes, and law enforcement investigations...
Special Counsel
Email (212) 808-7542(212) 808-7542
Tara Marciano is special counsel in the Intellectual Property and Privacy Litigation practice groups.  Tara’s practice focuses on helping clients strategically protect their brands by pr...
Special Counsel
Email (973) 503-5924(973) 503-5924
Vincent Rao is special counsel in the firm’s Parsippany office.  His practice focuses on commercial litigation, consumer-oriented class action defense, intellectual property protection a...
Associate
Email (212) 808-7551(212) 808-7551
Rebecca Blake is an associate in Kelley Drye’s litigation department.  Her practice focuses on representing clients in complex commercial litigation in state and federal courts.  
Associate
Email (310) 712-6155(310) 712-6155
Tahir Boykins is a litigation associate focusing on commercial and complex civil litigation in both state and federal courts, including environmental, trade secret, and unfair competition disputes....

Publications

11/16/2020 | Newsletters
11/07/2020 | Newsletters