Lamb, et al. v. Forbes Media LLC, No. 1:22-cv-06319 (S.D. NY). Defending media company against a putative class action alleging violations of the Video Privacy Protection Act (VPPA) arising from third-party website tracking and collecting data from plaintiff's video viewing.
Ring, et al. v. NYP Holdings, Inc., No. 1:22-cv-03312 (S.D. NY). Defended media company against a putative class action alleging violations of the Video Privacy Protection Act (VPPA) arising from third-party website tracking and collecting data from plaintiff's video viewing. Plaintiff voluntarily dismissed his complaint.
Prestel, et. al v. Christianity Today International, No. 22-cv-00551-JMB-SJB (W.D. Mich.). Defending magazine publisher against a putative class action alleging violations of the Michigan Preservation of Personal Privacy Act (PPPA) arising from disclosure of personal reading information to third parties.
Haggerty and Swearengin, et. al v. Consumer Safety Technology, LLC d/b/a Intoxalock and Does 1 through 10, No. 22-cv-01414 (Sup. Ct. CA, Merced Cty.). Defending ignition interlock service provider against a putative class action alleging violations of the California Invasion of Privacy Act (CIPA) arising from recordings of telephone conversations.
Mullen, Yeomelakis, Macnish, et al. v. Syniverse Corporation, No. 8:21-cv--2363-CEH-CPT (M.D. FL, Tampa Div.); Defending telecommunications company against a consumer class action arising from a supposed breach of data security whereby an unauthorized party gained access to defendant's operational and information technology systems
Desue, et al., v. 20/20 Eye Care Network, Inc. et al., No. 0:21-cv-61275-RAR (S.D. Fla.); Bowen, et al. v. 20/20 Eye Care Network, Inc. et al., No.: 0:21-cv-61292-RAR (S.D. Fla., Ft. Lauderdale); Hoffman-Mock, et al. v. 20/20 Eye Care Network, Inc. et al., No.: 0:21-cv-61406-RAR (S.D. Fla., Ft. Lauderdale); Runkle, et al. v. 20/20 Eye Care Network, Inc. et al., No.: 0:21-cv-61357-RAR (S.D. Fla., Ft. Lauderdale); and Fraguada, et al. v. 20/20 Eye Care Network, Inc. et al., No: 0:21-cv-61302-RAR (S.D. Fla., Ft. Lauderdale), Johnson et al. v. 20/20 Eye Care Network Inc. et al., No. 0:21-cv-61755-RAR) to be consolidated as Desue, et al., v. 20/20 Eye Care Network, Inc. et al., No. 0:21-cv-61275-RAR (S.D. Fla.); Defending eye care industry service provider against putative national class actions brought under Florida and Pennsylvania law arising from an announced data incident involving the personal information of millions of patients
Harris et al. v. Six Continents Hotels Inc., No. 3:21-cv-439-BD-PDB (M.D. Fla.); Defended a hotel chain against a putative class action alleging violations of the Florida wiretap statute arising from the use of "session replay" software on its website; case removed to federal court, No. 3:21-cv-00439-BJD-PDB (M.D. Fla.); after a motion to compel arbitration, strike class claims and dismiss was filed, plaintiff voluntarily dismissed her complaint
Fridman et al. v. 1-800 Contacts Inc., No. 1:21-cv-21700-BB (S.D. Fla.); Defended online retailer against a putative class action alleging violations of the Florida wiretap statute arising from the use of "session replay" software on its website. Case removed to federal court, No. 1:21-cv-21700-BB (S.D. Fla.). Case settled on an individual basis.
Belanger et al. v. Norwegian Cruise Line Holdings Ltd., No. 2021 30222 CICI (7th Cir. Fla., Volusia Cty.); Defended a cruise line against a putative class action alleging violations of the Florida wiretap statute arising from the use of "session replay" software on its website; after a motion to compel arbitration, strike class claims and dismiss was filed, plaintiff voluntarily dismissed her complaint
Graham and Morgan, et al. v. Universal Health Service, Inc., No. 2:20-cv-05375 (E.D. Pa.); Defended a healthcare provider against a putative class action arising from a ransomware incident; class-wide damages theories and two named plaintiffs dismissed by the court; the one remaining plaintiff voluntarily dismissed his complaint
Murray, et al. v. Community Care Physicians, P.C., and BST & Co. CPAs, LLP, No. 904955-20 (N.Y. Sup. Court, Albany Co.); Defended a healthcare provider against a putative class action arising from a ransomware incident allegedly involving information maintained at a vendor; the court dismissed the case in its entirety
Clark, et al., v. Women's Care Florida, LLC et al., No. 16-2019-CA-007337-MA (4th Cir. Fla., Duval Cty.); Colon-Gonzalez, et al. v. Women's Care Florida, LLC et al., No.: 16-2019-CA-007863 (4th Cir. Fla., Duval Cty.); and Craft, et al. v. Women's Care Florida, LLC et al., No: 8:19-cv-3066-MSS-JSS (M.D. Fla.), to be consolidated as Cherrae Clark, Kylie Colon-Gonzalez, and Amaris Laguerra, et al. v. North Florida OB GYN, LLC, North Florida Obstetrical & Gynecological Associates, P.A., and Women's Care Florida, LLC, Physician Business Services, LLC, 16-2019-CA-007337-MA (4th Cir. Fla., Duval Cty.); Defended a healthcare provider against putative class actions under Florida law arising from ransomware incident; the consolidated complaint, in its entirety, was dismissed
Thomas Roger White Jr., et al. v. Sony Electronics Inc., et al., Case No. 2:17-cv-01775, in the U.S. District Court for the District of New Jersey; Successfully defended a smart TV manufacturer in putative national class action alleging violations of federal privacy law (VPPA, CFAA, ECPA), New Jersey consumer protection laws, contract law and common law; settled on an individual basis
Enslin v. The Coca-Cola Company, et al., Case No. 2:14-cv-06476-JHS (E.D. Pa.), (granting summary judgment to defendants, denying class certification as moot), reconsideration denied, 2017 WL 3727033 (E.D. Pa. Aug. 29, 2017), aff'd, Nos. 17-3153, 17-3256, 2018 WL 3060098 (3d Cir. June 20, 2018); Enslin v. Coca-Cola Co., 136 F. Supp. 3d 654 (E.D. Pa. 2015) (granting in part motion to dismiss for failure to state a claim); Successfully defended against alleged privacy violations under federal and state law in connection with the theft of 55 laptops containing employee information, including violations of the Driver's Privacy Protection Act (DPPA)
Graczyk v. West Publishing Corporation, 660 F.3d 275 (7th Cir.); Young v. West Publishing Corporation, 724 F.Supp. 2d 1268 (2010) (S.D. Fla.); Johnson v. West Publishing Corporation, 801 F. Supp. 2d 862 (W.D. Mo. 2011), reversed without opinion by, Johnson v. West Publishing Corporation, 504 Fed.Appx. 531 (8th Cir. Apr 09, 2013) (No. 12-1172, 12-1176); Successfully defended West in putative national class actions under the Driver's Privacy Protection Act, obtaining dismissals of all cases
Beam v. E-TRADE Financial Corporation, Case No. CV-2011-64-7 (Ark. Cir. Ct.); Baxter v. Skype, Inc., Case No. CV-2011-56-7 (Ark. Cir. Ct); Baxter v. Philips Electronics North America Corporation, Case No. CV-201105402 (Ark. Cir. Ct.), October 6, 2011; Secured voluntary dismissals for clients E-TRADE, Skype and PENAC in multimillion-dollar "flash cookie" privacy class actions
In Re: Countrywide Financial Corp. Customer Data Security Breach Litigation, 2012 WL 2873892 (W.D. Ky.); Defended client from more than 40 putative class actions arising from the alleged theft and resale of mortgage-related consumer information; putative national class settlement for class exceeding 17 million persons given final approval; opt out litigation dismissed on our client's motion in Holmes v. Countrywide Finan. Corp., 2012 WL 2873892 (W.D. Ky. Jul. 12, 2012)
Rowe v. UniCare Life and Health Insurance Company, Class Action Case No. 09-CV-02286 (N.D.IL); Secured final approval for nationwide class action settlement; in Rowe, plaintiffs alleged that the defendant had improperly set data security permissions, resulting in the exposure of healthcare, insurance and payment information for about a quarter-million insureds
Saenz v. Kaiser Permanente International, Case No. 1:09-05562 (N.D. Ca); Obtained voluntary dismissal for client in putative class action alleging violation of California privacy law resulting in hundreds of alleged identity thefts from a population of approximately 29,000 employees
Lockwood v. Certegy Check Services, Inc., No. 07-CV-01434 (M.D. Fla.); Defended a series of five putative national class actions arising from the theft of consumer information; plaintiffs sought to impose up to $8.5 billion in statutory liability under the Fair Credit Reporting Act (FCRA); proposed favorable settlement given final approval; settlement class includes in excess of 30 million consumers
In Re: LendingTree, LLC Customer Data Security Breach Litigation, MDL 1974 (W.D.N.C.); Obtained two decisions compelling eight putative national class actions to individual (non-class) arbitration
Giordano v. Wachovia Securities, LLC and United Parcel Service, 2006 WL 2177036 (D.N.J. 2006); Established as a matter of first impression the Constitutional point that increased risk of identity theft is not an injury-in-fact and cannot confer federal court subject matter jurisdiction
Jurgens v. J.C. Penney Corporation, Inc., Case No. 12PH-CV00900 (Mo. Cir. Ct.); Negotiated and secured approval of a nationwide class action settlement for J.C. Penney over its use of HTML and Flash Cookies / Local Shared Objects (LSOs)
Wood v. Macy's, Case No. 12PH-CV-00952 (Mo. Cir. Ct.); Negotiated and secured approval of a nationwide class action settlement for Macy's over its use of HTML and Flash Cookies / Local Shared Objects (LSOs)
Bell v. Blizzard Entertainment, Inc., Case No.: 12-CV-09475 (C.D. Cal.); Successfully defended worldwide video game developer and publisher in nationwide class action over its alleged data security practices in relation to an alleged breach
Obtained dismissal with respect to 31 of 33 claimants on behalf of a major insurance, systems and information technology vendor for the federal government in a multidistrict litigation (MDL) involving eight privacy class actions seeking to impose billions in liability against the company under the FCRA, state consumer protection statutes, and common law theories following the loss of tapes containing protected health information (PHI) and other sensitive personal information on millions of adults and minors
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