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Advanced Data Privacy, Cybersecurity Breach and TCPA Class Action Litigation Strategies and Defenses 2017

Speaker(s): Abbas Kazerounian, Brad Serwin, Bryan H. Heckenlively, Caroline L. Elkin, Christine M. Reilly, Daniel C. Girard, Hon. Laurel Beeler, Ian C. Ballon, Jay Edelson, Jonathan R. Mayer, Ray Sardo, Robert J. Herrington
Recorded on: Jan. 20, 2017
PLI Program #: 186770

Brad Serwin is Glassdoor’s general counsel responsible for overseeing all legal matters globally. Previously, Brad served as senior vice president/deputy general counsel of eBay Inc., where he was responsible for all legal affairs for and its affiliated sites as well as all litigation and non-patent IP matters. Brad has served as general counsel at several hyper-growth companies spanning the technology, hospitality and gaming industries, including Playdom, which was acquired by The Walt Disney Company, Dean & Deluca, Las Vegas Sands Corp., and Ticketmaster. Brad received his J.D. from Harvard Law School and holds a bachelor’s degree in business economics from the University of California, Los Angeles.

Bryan H. Heckenlively is a partner in the San Francisco office of Munger, Tolles & Olson. He focuses his practice on complex civil litigation, with a particular emphasis on privacy and data security issues and class actions. He has been recognized as a Rising Star by Northern California Super Lawyers.

In 2015, Mr. Heckenlively served as lead trial counsel for The Regents of the University of California in winning a jury verdict in favor of UCLA Health System, which had been accused of negligently releasing medical records in violation of California’s Confidentiality of Medical Information Act. After a seven-day trial, a Los Angeles jury rejected the plaintiff’s claim for more than $1.25 million in damages.

Mr. Heckenlively also played a key role in obtaining a complete defense victory against a certified class following a nearly-three month arbitration hearing. The Daily Journal recognized that result as a Top Verdict of 2015.

Other recent representations include:
• ESPN and Disney Interactive in obtaining dismissals with prejudice in two putative class actions involving the WatchESPN and Disney apps for the Roku device and alleging violations of the Video Privacy Protection Act.
• HTC in nationwide class actions alleging that the installation and use of Carrier IQ software on smartphone devices violates the federal Wiretap Act, Stored Communications Act, Computer Fraud and Abuse Act and other laws. The court dismissed key claims against HTC following a motion to dismiss.
• HTC in obtaining dismissals of putative class actions involving the Evo 4G smartphone and the Google Phone, alleging unfair competition, false advertising and warranty claims.

In addition to these trial court results, Mr. Heckenlively counsels clients on privacy and data security issues and has experience handling a variety of appellate matters in state and federal court. He has argued in the U.S. Court of Appeals for the Ninth Circuit and filed numerous briefs in that court and others. In a pro bono matter before the Eleventh Circuit, he represents public health organizations opposing a Florida law preventing physicians from discussing firearm safety with their patients.

He serves on the board of directors for the Bay Area Lawyer Chapter of the American Constitution Society, the Leadership Council for the Justice & Diversity Center of the Bar Association of San Francisco, and the Advisory Board of the East Bay Community Law Center. He also teaches a trial advocacy course and coaches mock trial teams as a Lecturer at Berkeley Law.

Before joining Munger Tolles, Mr. Heckenlively served as a law clerk to Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit and to Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas.

Caroline L. Elkin

Senior Director, Legal, Employment & Benefits Chief Privacy Officer

Activision Blizzard


Caroline Lee Elkin - #209156

Current Status:  Active

This member is active and may practice law in California.

See below for more details.


Profile Information

The following information is from the official records of The State Bar of California.

Status History


Los Angeles

Undergraduate School:

Yale Univ; New Haven CT


District 2





Law School:

Georgetown Univ Law Ctr; Washington DC

Effective Date

Status Change




Admitted to The State Bar of California

Daniel C. Girard is the founder of Girard Gibbs LLP, a San Francisco and New York-based litigation firm with a nationwide practice specializing in representing plaintiffs in class actions and complex litigation.  Girard Gibbs has been recognized as a leading firm in class actions and mass tort litigation and the firm’s attorneys have served as lead counsel in numerous federal multi-district and state coordinated proceedings.

Mr. Girard’s experience serving in leadership positions in complex litigation extends to matters arising under the securities, antitrust, consumer, telecommunications, privacy and civil rights laws.  His work in privacy and data breach litigation includes service as lead counsel in the United States Office of Personnel Management data breach, lead counsel for employees of Sony Pictures Entertainment in litigation arising out of a cyber-attack associated with the release of the motion picture, The Interview, and member of the Executive Committees in the Target, Home Depot, UCLA Health, and Experian data breach class actions.  He also served as lead counsel in In re Yahoo! Mail Litigation, one of the first cases successfully applying California’s wiretap law to the interception of email communications.

Mr. Girard was appointed by Chief Justice John G. Roberts to the U.S. Judicial Conference Standing Committee on Rules of Practice and Procedure in October 2015.  He served on the Advisory Committee on Civil Rules from 2004-2010.  He is a member of the American Law Institute and served on the Advisory Board of the Institute for the Advancement of the American Legal System from 2007-2016.  He is a 1984 graduate of the School of Law, University of California at Davis, where he was an associate editor of the Law Review.  He received his undergraduate degree from Cornell University in 1979.

Jay Edelson is the Founder and CEO of Edelson PC, which has been recognized by Law360 as an “Illinois Powerhouse” and named a "Consumer Protection Group" of the year (2017). He is considered one of the nation’s leading class and mass action lawyers, having secured over $1 billion in settlements and verdicts for his clients. Law360 has described Jay as a “Titan of the Plaintiff’s Bar.”

Jay has been recognized by the American Bar Association for being one of the “most creative minds in the legal industry” and has “taken on some of the biggest companies and law firms in the world, and has had success where others have not.” He has also been called of the most “feared” litigators in Silicon Valley and, according to a New York Times profile, his success in the privacy space has made him Tech’s “least friended” man. Put plainly, according to Chicago Lawyer Magazine, “when it comes to legal strategy and execution, Edelson is simply one of the best in the country.”

Commentators have singled out Jay’s willingness to tackle problems other lawyers shy away from and his creativity in finding winning strategies.  He has successfully litigated cases of first impression against the national banks in the wake of the housing collapse, leading to the reinstatement of over $3 billion in home credit lines. Through his privacy cases, he has “fostered a reputation for his uncanny ability to come up with creative standing and damages arguments” leading to “momentum-shifting rulings in challenges to the data security and information-gathering practices of companies.”

Jay has been chosen by courts and other institutions to handle some of the most complex and significant issues facing the nation today. He is leading the student-athlete concussion multi-district litigation against the NCAA, considered to be “one of the largest actions pending in the country.” His victory in the United States Supreme Court in Robins v. Spokeo has been called the most significant consumer privacy case in recent times.

Jay is representing dozens of governmental entities in lawsuits against the drug manufacturers and distributors responsible for the opioid epidemic in primarily state-based actions.

Jonathan Mayer is a Ph.D. candidate in computer science and a lawyer at Stanford University, where he received his J.D. in 2013. He was named one of the Forbes 30 Under 30 in 2014, for his work on technology security and privacy. Jonathan’s research and commentary frequently appear in national publications, and he has contributed to federal and state law enforcement actions.

Jonathan is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He earned his A.B. at Princeton University in 2009, concentrating in the Woodrow Wilson School of Public and International Affairs.

Robert J. Herrington is Co-Chair of the firm's Products Liability & Mass Torts Practice. He focuses his practice on defending consumer products companies in complex, multi-party litigation, including class actions, government enforcement litigation, product defect litigation and mass torts. Rob represents companies in a variety of industries, including apparel and footwear, retail, emerging technologies, consumer electronics, video game, telecommunications, advertising and publicity, online retailing, food and beverage, nutritional supplements, personal care products, sports and fitness, outdoor equipment, home appliances, automotive, and insurance.

Rob is the author of the best-selling book, Verdict for the Defense (Sutton Hart Press 2011), and a co-author of The Class Action Fairness Act: Law and Strategy (ABA Publishing 2013). Rob was recognized as the "Class Action Litigation Lawyer of the Year" (2017) by the Century City Bar Association. In 2013, 2014 and 2015, Rob was named in Law360's list of "Top Attorneys Under 40" for Class Actions.


  • Consumer class actions
  • Consumer protection litigation
  • Product defect litigation
  • False advertising
  • Unfair and deceptive trade practices
  • California Business & Professions Code § 17200
  • Consumer Legal Remedies Act
  • Products liability and mass torts
  • Complex commercial litigation
  • Trials

United States Magistrate Judge Laurel Beeler was appointed in 2010. She has presided as a trial and settlement judge over hundreds of civil cases, including intellectual property, employment, civil rights, and commercial disputes.

Judge Beeler was an Assistant U.S. Attorney in the Northern District, prosecuting complex white-collar cases with parallel civil components. She was the Office’s Professional Responsibility Officer and Deputy Chief of the Criminal Division. She was a law clerk to the Honorable Cecil F. Poole, United States Court of Appeals for the Ninth Circuit, and the Civil Appeals Division Chief at the Ninth Circuit’s Office of Staff Attorneys. She trained as a mediator with the Northern District’s ADR Program, the Federal Judicial Center, and Harvard Law School.

Judge Beeler is a member of the Ninth Circuit Magistrate Judge Executive Board, the Ninth Circuit Criminal Case Committee, and the Ninth Circuit Conference Executive Committee. She is one of four national judicial liaisons to the U.S. Department of Justice/Office of Defender Services Joint Electronic Technology Working Group. She chairs the Northern District’s Criminal Practice Committee and implemented the court’s reentry and diversion courts.

Judge Beeler was President of the Federal Bar Association, co-chair of the Lawyer Representatives to the Ninth Circuit, a board member of the Bar Association of San Francisco (“BASF”), and a member of the Ninth Circuit’s Jury Trial Improvement Committee. She is a member of the Executive Committee of the Edward J. McFetridge American Inn of Court. In 2006, Judge Beeler received the Northern District Judicial Conference’s Public Service Award. She was named one of The Recorder’s 2012 Women Leaders in Law.@ She received BASF’s Barristers Choice Award in 2015 and the San Francisco Trial Lawyers Association’s Magistrate Judge of the Year award in 2018.

Judge Beeler taught Civil Trial Practice at U.C. Berkeley School of Law and Criminal Procedure at U.C. Hastings College of the Law. She led rule-of-law projects in Indonesia, Vietnam, Cambodia, the Philippines, Jordan, Ukraine, Turkey, Thailand, and the Philippines.

Judge Beeler graduated with honors from the University of Washington School of Law, where she was Order of the Coif and an Articles Editor on the Washington Law Review. She received her A.B. with honors from Bowdoin College.

Ian C. Ballon is Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice Group and represents internet, mobile, entertainment and technology companies in defending data privacy, security breach and TCPA class action suits and in other intellectual property and technology litigation. A list of recent cases may be found at

He is also the author of the leading treatise on internet and mobile law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (, which includes extensive coverage of security breach and data privacy issues. In addition, he is the author of The Complete CAN-SPAM Act Handbook (West 2008) and The Complete State Security Breach Notification Compliance Handbook (West 2009). He also serves as Executive Director of Stanford University Law School’s Center for E-Commerce, which hosts the annual Best Practices Conference where lawyers, scholars and judges are regularly featured and interact.

Ian was named the Lawyer of the Year for Information Technology Law in the 2019, 2018, 2016 and 2013 editions of Best Lawyers in America and was recognized as the 2012 New Media Lawyer of the Year by the Century City Bar Association. In both 2018 and 2019 he was recognized as one of the Top 1,000 trademark attorneys in the world for his litigation practice by World Trademark Review. In addition, in 2019 he was named one of the top 20 Cybersecurity lawyers in California and in 2018 one of the Top Cybersecurity/Artificial Intelligence lawyers in California by the Los Angeles and San Francisco Daily Journal. He received the “Trailblazer” Award, Intellectual Property, 2017 from The National Law Journal and he has been recognized as a “Groundbreaker” in The Recorder’s 2017 Litigation Departments of the Year Awards. In 2010, he was the recipient of the California State Bar Intellectual Property Law section's Vanguard Award for significant contributions to the development of intellectual property law (

Mr. Ballon was listed in Variety's "Legal Impact Report: 50 Game-Changing Attorneys" and has been named by the LA Daily Journal as one of the Top 75 intellectual property litigators in California in every year that the list has been published (2009 through 2018) and as one of the top 100 lawyers in California. He is also listed in Legal 500 U.S., The Best Lawyers in America (in the areas of information technology and intellectual property) and Chambers and Partners USA Guide in the areas of privacy and data security and information technology. Mr. Ballon also holds the CIPP/US certification from the International Association of Privacy Professionals (IAPP).

Ian can be reached at:, 310-586-6575 or via leading social media platforms (IanBallon).

Litigator Christine Reilly defends companies in consumer class actions and other major civil litigation in various areas, including consumer protection, unfair competition, and false and deceptive advertising. She also represents clients facing investigations and proceedings initiated by the Federal Trade Commission, Federal Communications Commission, Consumer Financial Protection Bureau, and other federal and state regulatory agencies.

The chair of Manatt's Telephone Consumer Protection Act (TCPA) compliance and class action defense group, Christine regularly defends companies from claims brought under the TCPA, and she frequently writes and speaks on TCPA compliance. She has significant experience litigating under other federal statutes, including the Federal Trade Commission Act; Electronic Communications Privacy Act; Electronic Fund Transfer Act; Fair Debt Collection Practices Act; and the Magnuson-Moss Warranty Act.

Within California, Christine defends companies facing allegations brought under state laws such as the False Advertising Law, Unfair Competition Law, the Rosenthal FDCPA, Consumers Legal Remedies Act, Song-Beverly Credit Card Act, California Penal Code Section 327 (endless chain/pyramid scheme), and the Invasion of Privacy Act.

In addition to litigation, Christine regularly counsels clients on marketing and advertising practices and compliance with various consumer laws. She represents companies in myriad industries and service sectors including sales and marketing, wireless/mobile technology, the Internet, lead generation, manufacturing, electrical components, software, telecommunications, television, music and entertainment, automotive parts and services, food, health, and beauty.

Abbas Kazerounian is one of the founding partners at Kazerouni Law Group, APC. Mr. Kazerounian’s areas of specialty are consumer rights and class actions.

In 2013, 2014, 2015 and 2016 Abbas was selected by his peers as a Super Lawyers, a prestigious recognition given to only 2.5% of the attorneys in the state. He was also voted as a Rising Star by the San Diego Daily Transcript in 2012. Abbas was honored to be on the list of The National Trial Lawyers Top 40 Under 40 in 2016.

Abbas has litigated over 2000 individual consumer rights cases.  Abbas is regarded as a one of the predominant consumer rights attorneys in Southern California. His depth of experience and knowledge in this practice area along with his trial skills, make Mr. Kazerounian one of the premiere advocates within this field of law. Abbas prides himself in being an innovator in the area consumer rights jurisprudence. Abbas has been responsible for over 250 published opinions. Recently he argued successfully before the Ninth Circuit of Appeals in the landmark case of Knutson v. Sirius XM Radio, No. 12-56120 (9th Cir. 2014). Abbas is currently litigating eight other cases in the Ninth Circuit Courts of Appeal. 

Abbas has been lead counsel in over 300 national class actions in the last 5 years. This includes class actions against some of the nation’s largest banks, credit card companies and other fortune 500 companies. Abbas has obtained over $200,000,000 for consumers nationwide in the last 18 months alone. Abbas is asked to litigate class actions for referring firms all around the country. 

Abbas attended the University of Plymouth, U.K., where he received his bachelor of arts in English Literature & Theatre and Performance. He then received his masters from the prestigious London Academy of Performing Arts. Subsequently Mr. Kazerounian received his Juris Doctor from California Western School of Law in San Diego, CA.

Abbas is an adjunct professor of law at California Western School of Law where he teaches a 3 credit course in consumer law. He also lectures nationwide on class action litigation and consumer law. 

Abbas is licensed to practice law in CA, TX, IL, WA, DC, MI and CO. He is also licensed in the Ninth Circuit Court of Appeals as well the United States Supreme Court.

Ray Sardo is the Lead Privacy Counsel at Pandora Media, Inc.  Ray was Pandora’s first dedicated privacy attorney, and spearheaded the development of the company’s privacy program.  Apart from general privacy counseling, Ray’s areas of expertise include data security, data usage, and online advertising.  Prior to working at Pandora, Ray was an associate at Cooley LLP, where he gave advice to Internet and mobile companies and defended them in class action lawsuits involving privacy, user-generated content, and other consumer-facing issues.  Ray has also represented companies before the California Legislature and state government agencies, and in litigation arising from administrative and legislative action.