Privacy & Technology

We advise and litigate issues at the forefront of privacy and technology. Our lawyers defend clients ranging from online entertainment providers to retailers on emerging litigation and pre-litigation privacy issues under state and federal privacy laws.

We have experience under the panoply of privacy laws, including the Video Protection Privacy Act, Electronic Communications Privacy Act, Stored Communications Act, state law equivalents, and common law privacy theories. Our interdisciplinary approach enlists our corporate lawyers and litigators to come to efficient solutions for our clients’ most difficult privacy problems.

Representative matters we have handled include the following:

  • For national broadcaster and affiliates, presentation and advice to chief privacy officer and privacy counsel regarding compliance issues and notice requirements for websites and online videos under Video Privacy Protection Act and state equivalents. Result: Client adopted recommendations.
  • For leading streaming video programming providers, advice to general counsel about privacy risks of sharing subscriber viewing information with third-party ad developers and consultants under Video Privacy Protection Act. Result: Clients adopted recommended changes.
  • For leading online search provider, counseling regarding acquisition of VoIP conference call startup regarding litigation risks under state and federal “wiretap acts.” Result: Transaction completed after target company altered notice provisions, privacy policy, and third-party contracts.
  • For pioneering behavioral advertising developer and online partners, defense of nationwide class actions alleging privacy violations under Electronic Communications Privacy Act and Stored Communications Act concerning use of respawning unique identifiers (“zombie cookies”) on mobile devices. Result: Actions dismissed.
  • For online retailers, defense of multiple nationwide class actions alleging state and federal invasion of privacy claims concerning website “tracking.” Result: Actions settled favorably.