Privacy Litigation

The consumer-insight technologies feeding today’s profitability can also be fueling tomorrow’s data privacy and security-related litigation. That’s why, whether it’s a class action, single-plaintiff matter, or a threatened claim, companies rely on Jackson Lewis for reassurance — and results.

Overview

Our Privacy Litigation team has substantive experience defending clients against a panoply of legal claims related to data breaches (such as the improper access or acquisition of personal information), website tacking technologies, personal information collection technologies, and methods for communicating with customers, patients, clients, and employees across the ever-expanding web of federal, state, local and common law requirements. We also conduct compliance assessments and help companies implement litigation risk mitigation techniques. Our recognized success in the privacy arena gives clients confidence that our well-developed strategies, informed by a deep understanding of the law and its practical applications, will yield better outcomes.

Seamless Experience Across the Patchwork of Federal and State Privacy Laws: We’ve successfully defended businesses in numerous claims brought by consumers, clients, patients, employees, and others including those related to:

  • Website tracking (e.g., pixels or related technologies, web session-replay, chat functionality).
  • Privacy claims under state/common law related to alleged improper access to, acquisition of, and/or disclosure of personal information.
  • BIPA (Illinois Biometric Information Privacy Act)
  • CCPA (California Consumer Privacy Act)
  • CIPA (California Invasion of Privacy Act)
  • TCPA (Telephone Consumer Protection Act)
  • FTSA (Florida Telephone Solicitation Act)
  • VPPA (Video Privacy Protection Act)
  • Genetic information privacy, including GIPA (Illinois Genetic Information Privacy Act)

Data-Driven Defenses: Our unique in-house litigation statistics group provides efficient and cost-effective damages analysis and modeling that enhances our thoughtful, strategic, and creative approaches to defending difficult lawsuits. We also provide clients with digital tools, informative data analytics, and insightful “big data” applications to identify trends, track cases, and improve predictability and performance.

National Reach with a Local Touch: Our strong regional presence across the U.S. gives us unparalleled knowledge and experience with opposing counsel, judges, and jurisdictions that, combined with deep subject matter knowledge that is office agnostic, lets us more effectively analyze the legal claims, likelihood of early dismissal and class certification, the discovery landscape, and the potential financial and reputational exposure. Similarly, when the case requires, the Privacy Litigation team works with and leverages the extensive experience and depth of the firm’s broader Privacy, Class Action, and Litigation practice groups.

Part of an Elite “Go To” Litigation Team: Our Privacy Litigation team has decades of litigation experience and has handled hundreds of putative class action lawsuits, claims, and single plaintiff lawsuits under the BIPA, the TCPA, CIPA, FTSA, and countless other privacy-related claims. Few firms have handled anywhere close to the number of privacy cases as our team. We strategically approach the defense of privacy-related claims by implementing a well-thought-out litigation strategy, informed by a deep understanding of the law and our clients’ businesses and objectives.

Blogs

Illinois Supreme Court Issues Long-Awaited BIPA Decision in Cothron v. White Castle Systems (2/21/23)

Top Ten for 2023 – Happy Data Privacy Day! (1/27/2023)

NYC Department of Consumer and Worker Protection Release Revised Version of Proposed Guidance Rules for the City AI Ordinance (1/13/2023)

EEOC to Hold Public Hearing on the Use of Artificial Intelligence (1/11/2023)

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks (1/2/2023)

See more

 

The Team

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Nadine C. Abrahams

Nadine C. Abrahams

Gregory T. Alvarez

Gregory T. Alvarez

Jackson E. Biesecker

Jackson E. Biesecker

Luke P. Breslin

Luke P. Breslin

Gregory C. Brown, Jr.

Gregory C. Brown, Jr.

Y. Jed Charner

Y. Jed Charner

Nikolas S. Dean

Nikolas S. Dean

Allison Gluvna Folk

Allison Gluvna Folk

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