From autodialing and texting to call recording, data breach suits, and telemarketing and faxing practices, class actions are on the rise in any industry that interfaces with consumers and collects and handles consumer data. Over the last decade, there has been a significant trend in plaintiffs’ counsel filing class actions across the country that allege violations of federal and state consumer privacy laws, as well as an increased focus on navigating the application of rigorous class certification principles on these latest theories of liability.
The heightened concern regarding compliance and liability in consumer data handling and communications has led to an increased demand for privacy litigators who have a proven track record of swift resolution and across-the-board victories. Our attorneys achieve these through novel and unique strategies tailored to each case and client, with a focus on early negotiation and dismissal, summary judgment without class discovery, defeating class certification, and leveraging favorable settlements to ward off future claims and reduce risk for businesses.
WHAT WE DO
Our consumer privacy litigators make winning in and out of court the fundamental priority in all of our cases. With twelve U.S.-based offices, we defend clients in state and federal courts across the nation against claims alleging violations of federal and state consumer privacy, communications, data handling, and related laws.
We have defended against numerous multidistrict nationwide state and federal class action privacy claims brought under the following:
Complementing this litigation and trial experience is our extensive knowledge of every major privacy regulation, including the Gramm Leach Bliley Act, the Health Insurance Portability and Accountability Act (“HIPAA”), and analogous state laws, such as California's Song-Beverly Credit Card Act. We also have extensive experience with e-discovery and social media issues in the law, and counsel clients with respect to social media use, social media policies, privacy terms and conditions, and data collection practices.
Our clients represent every regulated industry subject to data and consumer privacy regulation and include companies such as major retailers and manufacturers, credit bureaus, insurance companies, banks and other financial institutions, major sports teams, healthcare and pharmaceutical companies, auto manufacturers and dealers, debt-collection companies, telemarketing companies, social media and other Internet service providers, and other businesses that use consumer information.
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Our attorneys also possess a unique perspective and experience for helping clients structure marketing campaigns that will achieve their business objectives in a statutory compliant manner. We work through the details, right alongside our clients, in developing marketing strategies and campaigns, spotting issues, and framing practical business solutions. We know how to structure compliance programs that also make business sense.
WHAT MAKES US DIFFERENT
Our interdisciplinary approach combined with our regulatory knowledge and strong relationships with class action administrators, plaintiffs’ counsel, and the courts, has led our consumer privacy litigators to achieve national recognition in providing our clients with comprehensive service in this burgeoning space.
We also continually monitor developments in data and consumer privacy litigation and routinely publish articles and newsletters about trends and rulings shaping our clients’ businesses and jurisprudence to keep our clients abreast of key changes in the law.