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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

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

County:

Los Angeles

Undergraduate School:

Yale Univ; New Haven CT

District:

District 2

 

 

Sections:

None

Law School:

Georgetown Univ Law Ctr; Washington DC


Effective Date

Status Change

Present

Active

12/4/2000

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 a consumer class action firm with offices in San Francisco and Chicago. Federal courts have recognized Jay as a “pioneer” in the emerging field of electronic privacy, having established key precedent in cases throughout the country and reaching some of the most important settlements in this space.  In addition to groundbreaking privacy suits against Facebook, Groupon, Amazon, and countless others, Jay is lead counsel in Robins v. Spokeo, where the United States Supreme Court held that “intangible” harms can satisfy Article 3 standing requirements.  In total, Jay has recovered over $1 billion for consumers, over $300 million of which comes from privacy cases.

Based primarily on his success in bringing consumer technology class actions, the national press has dubbed Jay and his firm the “most feared” litigators in Silicon Valley and, according to the New York Times, tech’s “babyfaced … boogeyman.” Most recently, Chicago Lawyer Magazine dubbed Jay “Public Enemy No. 1 in Silicon Valley.” The international press has called Jay one of the world’s “profiliertesten (most prominent)” privacy class action attorneys.  law360 has similarly recognized Jay as a “Titan of the Plaintiff’s Bar,” primarily based on his work in the tech and privacy space.  The National Law Journal recognized Jay as a “Cybersecurity Trailblazer” — one of only two plaintiff’s attorneys to win this recognition. 

Jay is an adjunct professor at UC Berkeley School of Law where he is teaching a class in Privacy Litigation.


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.

Concentrations

  • 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 in many subject areas, including intellectual property, employment, civil rights, and business 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 and the Ninth Circuit Criminal Case Committee and 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. She is a member of the Executive Committee of the Edward J. McFetridge American Inn of Court.

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, and a member of the Ninth Circuit=s Jury Trial Improvement Committee. In 2006, Judge Beeler received the Northern District Judicial Conference=s Public Service Award. In 2012, she was named one of The Recorder=s A2012 Women Leaders in Law.@ In 2015, she received the Barristers Choice Award from the Bar Association of San Francisco.

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

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.


Admitted: California, District of Columbia and Maryland
Second, Third, Fourth, Ninth and Federal Circuits
U.S. Supreme Court
JD, LLM, CIPP

Ian Ballon is a litigator who is Co-Chair of Greenberg Traurig LLP’s Global Intellectual Property & Technology Practice and represents Internet, technology, mobile and other companies in intellectual property and internet- and mobile-related, privacy and security litigation, including the defense of data privacy, security breach, behavioral advertising and TCPA class action suits. He is also the author of the leading treatise on Internet law, E-Commerce and Internet Law: Treatise with Forms 2d edition, the 5-volume set published by West (www.IanBallon.net). 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. A list of recent cases may be found at http://www.gtlaw.com/Ian-C-Ballonexperience.

Mr. Ballon was named the Lawyer of the Year for Information Technology Law in the 2018, 2016 and 2013 editions of Best Lawyers in America. In 2018 he was recognized by World Trademark Review for his trademark legal practice and was named one of the Top 20 Cyber/Artificial Intelligence Lawyers 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 addition, he was the 2010 recipient of the State Bar of California IP Section’s Vanguard Award for significant contributions to the development of intellectual property law (http://ipsection.calbar.ca.gov/IntellectualPropertyLaw/IPVanguardAwards.aspx). He is 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. He also has been recognized by The Daily Journal as one of the Top 75 IP litigators in California in every year that the list has been published, from 2009 through 2017, and has been listed as a Northern California Super Lawyer every year from 2004 through 2016 and as one of the Top 100 lawyers in California. Mr. Ballon also holds the CIPP/US certification from the International Association of Privacy Professionals (IAPP).


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.

Christine regularly defends companies from claims brought under the Telephone Consumer Protection Act, 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.


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 eBay.com 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.


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.