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California Privacy Law 2021


Speaker(s): David T Rudolph, Lisa B. Kim, Randall W. Edwards, Saxon S. Noh, Scott Pink, Sean D. Unger, Stephanie Adamson King
Recorded on: Oct. 22, 2021
PLI Program #: 305957

Randall Edwards is a litigation Partner in O'Melveny's San Francisco office. He is a founding member of the Financial Services practice group, as well as being part of the Class Action, Mass Torts, and Insurance Litigation practice group. Randall's practice focuses on complex civil litigation, including class-action and other aggregated litigation for financial services companies and product manufacturers. Randall has extensive experience with matters involving California's Unfair Competition Law and has lectured on UCL-related issues as well as other topics.

  • Represented Visa Inc. in numerous different matters, including class and non-class actions involving data security breaches, enforcement of risk-management programs, and Internet gambling issues, as well as various pre-litigation disputes and litigation involving member banks, merchants, and processors.  These actions have involved numerous claims under California's Unfair Competition Law.
  • Represented Ford Motor Company in several multi-million member class-action lawsuits brought under California's Unfair Competition Law and other consumer protection laws, including two class actions that went to trial and another that settled on the last business day before trial
  • Represented eBay Inc. in defending multiple class actions, including an antitrust challenge to eBay's practices and fees with respect to eBay sellers and a challenge to eBay subsidiary Bill Me Later's practices with respect to certain consumer lending activities.
  • Represented several leading mortgage lenders and servicers in federal and state class actions, including Multi-District Litigation Proceedings involving challenges to loan-origination and servicing practices.
  • Represented companies involved in marketing, valuation, and mergers and acquisitions of private companies in defending class action challenges alleging primary and secondary liability.
  • Represented and advised leading mortgage insurer in connection with class-action litigation and other proceedings involving allegations about the mortgage servicing practices and insurance coverage disputes.
  • Served for over two years as national coordinating counsel jointly for two of nation's largest and most recognizable companies regarding pre-trial strategy related to silica litigation.
  • Represented leading consumer goods company in a series of related class actions under state consumer-protection statutes related to marketing and sales practices.
  • Represented three inventors in multi-million-dollar state-court litigation related to alleged trade secret misappropriation, unfair competition, breach of contract and other claims arising from the individuals' invention of a multiple file-format digital camera. The case resolved favorably shortly after trial began.

Education
Northwestern University, J.D., 1995: cum laude; Associate Articles Editor, Northwestern University Law Review
Yale University, B.A., Economics, 1992: cum laude
Law Clerk, Honorable Charles E. Wiggins, U.S. Court of Appeals, Ninth Circuit
Admitted to Practice, U.S. District Court for the Central, Eastern, and Northern Districts of California; U.S. Court of Appeals, Fifth and Ninth Circuits


Scott Pink, a former general counsel for a major media company, brings an insider’s perspective to his broad-based practice. It’s what’s made him the lead outside advertising and marketing counsel to several well-known brands, and a sought-after resource on intellectual property, privacy and cybersecurity issues.

He advises technology, media, entertainment and a variety of consumer product and franchise companies on issues of intellectual property counseling; social media law; cybersecurity and privacy; and advertising, marketing, and promotions law.

Scott had led many privacy and security compliance initiatives worldwide for clients, including GDPR compliance, HIPAA compliance audits, compliance with financial security regulations (NYDFS) and security audits for cryptocurrency and blockchain companies. He is a thought leader on GDPR issues, having published articles in Cybersecurity Law Report and speaking at conferences hosted by the International Association of Privacy Professional.

Scott also has extensive experience in technology related transactions and other legal issues in the life science field. He has represented cutting edge life science, biotech and nutritional supplement companies on privacy and security policies and issues, product development agreements, tech transfer agreements with Universities, agreements with health care providers, collaboration agreements, patent licenses, marketing agreements, materials transfer agreements, manufacturing agreements,  marketing agreements and marketing compliance.


David Rudolph is a member of Lieff Cabraser's Cybersecurity and Data Privacy and Antitrust and Intellectual Property practice groups. David has extensive experience litigating core technical issues in privacy cases, including In re Anthem, Inc. Data Breach Litigation, MDL No. 2617 (N.D. Cal.), arising from a data breach that affected nearly 80 million of Anthem’s members, and Campbell v. Facebook, Inc., No. 5:13-cv- 5996 (N.D. Cal.), in which Facebook users asserted that Facebook violated their privacy rights by scanning their private email messages.

He is a Certified Information Privacy Professional (CIPP/US).

David is also an experienced antitrust litigator. David has represented end-payor classes in pharmaceutical antitrust litigation, including in the Cipro drug antitrust cases, the Restasis antitrust litigation, and the Generic Pharmaceuticals Price-Fixing cases. David was awarded “Outstanding Private Practice Antitrust Achievement” by the American Antitrust Institute in 2017 for his work on the Cipro case, and again in 2020 for his work on the Enoxaparin antitrust case.

David has also litigated numerous intellectual property cases. David has both prosecuted and defended patent infringement claims in numerous venues, including federal district courts in California and Texas, as well as before the International Trade Commission. He has litigated cases in diverse technology areas, including internet services, storage virtualization, semiconductor design, and handheld mobile devices. David also has experience representing plaintiffs and defendants in copyright infringement and trade secret matters.

Prior to joining Lieff Cabraser, David litigated high-profile patent and copyright cases at Quinn Emanuel Urquhart & Sullivan, and also served as a law clerk for the Hon. Saundra Brown Armstrong, U.S. District Court, Northern District of California.


Lisa Kim is a Deputy Attorney General in the Privacy Enforcement and Protection Unit of the Consumer Protection Section at the California Department of Justice. She enforces state and federal privacy laws, promulgates privacy regulations, educates Californians on their rights and strategies for protecting their privacy, encourages businesses to follow privacy-respectful best practices, and advises the Attorney General on privacy matters. Lisa earned her B.A. magna cum laude from University of California, Los Angeles and her J.D. from University of California, Berkeley – School of Law.


Sean Unger is a partner in the Litigation practice of Paul Hastings and is based in the firm’s San Francisco office.

Mr. Unger represents and advises clients in mass torts, class actions, antitrust and competition matters, trade secret cases, and intellectual property disputes in State and Federal courts around the country. His practice emphasizes appellate litigation. He has briefed or argued cases in numerous state and federal courts of appeal. He has represented both parties and amicus before the United States and California Supreme Courts. Mr. Unger has also represented clients in need of post-trial disaster mitigation. He has successfully brought post-trial motions for new trial and motions for judgment as a matter of law, reducing or eliminating multi-million dollar judgments.

Clients have included a broad range of companies, including Andersen Windows, Samsung, Gallo Wineries, GE, LG Display, Babcock & Wilcox, and Quanta Computers.

 


Throughout her career, Stephanie King has played the role of trusted advisor and passionate advocate for consumers and her clients while facilitating high-growth in new and developing industries.

Stephanie joined Twitter, Inc. as VP, Deputy General Counsel, Product & Privacy in

January 2019. Previously she served as SVP, General Counsel of AdRoll Group, a performance advertising and marketing platform. As the first lawyer at Ad Roll, she was tasked with building and overseeing the legal division of what was voted one of the fastest growing companies in America in 2013 by Inc. Magazine. Formerly, Stephanie was Associate General Counsel at the social gaming company Zynga Inc., heading up Commercial, Product, and Government Affairs and supporting Zynga's non-profit entity, zynga.org. She started her in-house career in biotech at Gilead Sciences after several years as outside counsel at Latham & Watkins LLP.

Stephanie is a Certified Information Privacy Professional (GIPP/US) and a graduate of Columbia Law School and Columbia Business School (JD/MBA). She holds an undergraduate degree in Government from Dartmouth College.