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Advanced Data Privacy, Cybersecurity and TCPA Class Action Litigation 2019

Speaker(s): Christine M. Reilly, Grant A. Davis-Denny, Hon. Gary Feinerman, Hon. Gonzalo P. Curiel, Hon. Laurel Beeler, Ian C. Ballon, Matthew Pearson, Rob Corbet, Serge Egelman, Ph.D., Travis LeBlanc
Recorded on: Mar. 8, 2019
PLI Program #: 252595

Gary Feinerman has served since September 2010 as a district judge on the U.S. District Court for the Northern District of Illinois. Prior to joining the bench, Feinerman was a partner in the Chicago office of Sidley Austin LLP in the firm’s general litigation and appellate groups. From 2003-2007, Feinerman served as Solicitor General of Illinois in the Office of Illinois Attorney General Lisa Madigan. Feinerman was a litigation associate and then a partner from 1996-2003 in the Chicago office of the firm now known as Mayer Brown LLP. Earlier in his career, Feinerman served as a law clerk to Justice Anthony Kennedy of the United States Supreme Court and to Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit, and also worked for the U.S. Department of Justice as Counsel in the Office of Policy Development and on detail to the Office of the Counsel of the President. A graduate of Stanford Law School and Yale College, Feinerman resides with his wife and three daughters north of Chicago.

Grant Davis-Denny is a litigation partner at Munger, Tolles & Olson. Mr. Davis-Denny focuses his practice on complex litigation and data privacy and data security matters. He has significant experience counseling companies on proactive data security and privacy issues including, compliance advice, incident response, cyber-insurance, vendor management and data minimization strategies. Mr. Davis-Denny has represented clients in data breach and ransom demand incidents involving the theft of sensitive consumer information and medical data, and is a frequent speaker and author on data security and privacy issues.

Mr. Davis-Denny holds a CIPP/US certification from the International Association of Privacy Professionals.

Mr. Davis-Denny is a member of the board of directors of the Western Center on Law and Poverty and the board of directors of the Los Angeles Metropolitan Debate League. He is also a member and former chair of the board of directors of California Common Cause and a former member of the Los Angeles County Bar Association's Judicial Election Evaluation Committee. At Munger, Tolles & Olson, he is the co-chair of the firm’s Information Technology committee.

Prior to attending law school, Mr. Davis-Denny worked for elected officials Kathleen Sebelius and Tom Torlakson.

Hon. Gonzalo P. Curiel is a U.S. District Judge for the Southern District of California.  Curiel was born in East Chicago, Indiana in 1953. He received his Bachelor of Arts degree from Indiana University in 1976 and his Juris Doctor from the Indiana University Maurer School of Law in 1979. 

He was an Assistant United States Attorney in the Southern District of California from 1989 to 2002, and in the Central District of California from 2002-2006. While in the Southern District, he served as Deputy Chief (1996-1999) and then Chief (1999-2002) of the Narcotics Enforcement Section. From 1996-97 and 1999-2002, Curiel led the Arellano Felix Cartel Task Force which investigated, extradited and prosecuted the leaders of the Tijuana, Mexico cartel. 

Then-California Gov. Arnold Schwarzenegger appointed Curiel in 2006 to the state superior court, where he worked for six years before ascending to the federal court. President Barack Obama's nominated Curiel in November 2011 and he was approved by the U.S. Senate in September 2012. He received his commission as a United States District Judge on October 1, 2012.

Matt Pearson is an associate with BakerHostetler.  His practice focuses almost exclusively on class actions, including data privacy, cybersecurity, and other consumer protection class actions.  Matt’s practice is nationwide, having litigated cases in California, Arizona, Michigan, and Illinois. 

Matt has litigated cases from the pleading phase through class certification.  Recently, Matt was successful in dismissing two putative class actions, one pending in the Central District of California and the other in the Northern District of California.  He has also successfully defeated class certification in a putative class action filed in the Superior Court of San Diego.

Matt has been successful in limiting discovery to only the named plaintiff and in limiting disclosure of putative class members’ contact information to only those class members who affirmatively opted in to such disclosure.

Matt enjoys being on the cutting edge of the intersection of technology and the law and, at times, shaping or creating the law as new issues arise.

Rob Corbet is Head of the Technology & Innovation Practice at Arthur Cox, the largest legal team in Ireland dedicated to specialist IT, data protection and Intellectual Property law. Rob’s practice is primarily focused on technological innovation and, in particular, the protection and commercialisation of data and other forms of intellectual property. He is ranked “Band 1” and a “top technology lawyer” by Chambers Europe and a “Leading Individual” in Ireland for both his Information Technology practice by The Legal 500: EMEA.

Rob also leads the firm’s Privacy, Data Protection and Information Management practice where he has unrivalled experience in all aspects of privacy, data protection and cyber-security law. He has represented many clients in their dealings with the Data Protection Commission and he has personally defended multiple clients in prosecutions brought by the Data Protection Commissioner in respect of data security, direct marketing and other offences. In the Cyber-Security area, Rob has advised many clients in relation to some of the highest profile data breach incidents that have occurred in Ireland and internationally, including working with our Litigation team in obtaining appropriate court orders for the recovery and preservation of data and evidence. Rob was appointed to the Irish Government’s Data Forum in January 2016, he provides the expert commentary for the Data Protection Ireland journal and he is a past Chair of the ABA International Committee on Privacy E-Commerce and Data Security.

Serge Egelman is Research Director of the Usable Security & Privacy Group at the International Computer Science Institute (ICSI) and also holds an appointment in the Department of Electrical Engineering and Computer Sciences (EECS) at the University of California, Berkeley. He leads the Berkeley Laboratory for Usable and Experimental Security (BLUES), which is the amalgamation of his ICSI and UCB research groups. Serge's research focuses on the intersection of privacy, computer security, and human-computer interaction, with the specific aim of better understanding how people make decisions surrounding their privacy and security, and then creating data-driven improvements to systems and interfaces. This has included human subjects research on social networking privacy, access controls, authentication mechanisms, web browser security warnings, and privacy-enhancing technologies. His work has received multiple best paper awards, including seven ACM CHI Honorable Mentions, the 2012 Symposium on Usable Privacy and Security (SOUPS) Distinguished Paper Award for his work on smartphone application permissions, as well as the 2017 SOUPS Impact Award, and the 2012 Information Systems Research Best Published Paper Award for his work on consumers' willingness to pay for online privacy. He received his PhD from Carnegie Mellon University and prior to that was an undergraduate at the University of Virginia. He has also performed research at NIST, Brown University, Microsoft Research, and Xerox PARC.

Dr. Egelman’s research has been covered by such publications as the New York Times, Washington Post, LA Times, Wired, and CNET. He is frequently asked by journalists to provide commentary on stories relating to privacy, and has also served as a consulting expert on cases relating to security breaches and deceptive privacy practices.

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.

Travis is a leading authority on cybersecurity, data privacy, telecommunications and the regulation of emerging and disruptive technologies. Drawing on his broad experience in federal and state government, he helps clients manage litigation and regulatory risk, as well as strategically respond to data breaches, cyberattacks, nation-state attacks, dissemination of stolen data, misinformation campaigns and government enforcement efforts, including those by state attorneys general. In addition to overseeing crisis management, internal investigations and national security matters, Travis advises and counsels clients on complex commercial, antitrust and intellectual property litigation. The respect and skills Travis has earned during his career have translated into appointments and recommendations across political spectrums, including his selection by the US Department of Commerce and the European Commission as an arbitrator for the EU-US Privacy Shield Framework in 2017 and his presidential nomination to the Privacy and Civil Liberties Oversight Board in 2018.

Travis was chief of the Federal Communications Commission’s (FCC) Enforcement Bureau during the Obama administration, where he spearheaded hundreds of enforcement actions involving consumer issues such as false advertising and the Telephone Consumer Protection Act (TCPA), unfair competition, regulatory compliance and fraud, waste and abuse of government programs. He has also worked closely with senior officials at other federal, state and international agencies, including the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), all 50 state attorneys general and data protection authorities across the globe.

Travis previously served as a senior adviser to former California Attorney General Kamala D. Harris and as special assistant attorney general of California, where he oversaw California’s complex litigation and policy in areas such as technology regulation, high-tech crime, cybersecurity, privacy, intellectual property, antitrust, healthcare, telecommunications and human trafficking. Prior to this high-profile California role, he served during the Obama administration as an attorney-adviser in the US Department of Justice’s Office of Legal Counsel, which advises the president, attorney general and executive branch agencies on the constitutionality and legality of the programs and activities of the US government.

With his broad understanding of technology, media and telecommunications, as well as his senior government experience at the national and California levels, Travis is uniquely positioned to advise clients on a wide range of privacy, cybersecurity and information management issues, including cases involving data breaches, class actions and government enforcement actions. As former chief of the FCC’s Enforcement Bureau, Travis has assisted clients with federal and state telecommunications needs, including FCC proceedings and regulations, merger reviews, working with Congress and other regulatory agencies on behalf of clients and advocating for emerging and leading technology companies before regulatory bodies. A deep understanding of real-world issues and legal hurdles and solutions helps Travis respond to and favorably resolve governmental inquiries and fact-finding investigations.

His background and leadership roles, as well as his practice at leading law firms in Washington, DC, and San Francisco, have translated into advising global clients with ties both in California and nationally, as well as responding to and finding solutions for novel local, state and federal legal issues. He has also represented companies, boards and individuals on a diverse array of complex and bet-the-company civil litigation, government investigations and white collar matters involving false claims, bid-rigging, patent infringement, trade secrets, bribery, foreign corrupt practices, RICO, off-label advertising, legal malpractice and material support of terrorism.