Litigation

Fox attorneys defend clients against legal and enforcement actions in the aftermath of a data breach, and when a client’s proprietary data is improperly exposed or stolen, we pursue legal remedies to obtain relief and hold the negligent party responsible.

Our experience includes defending against the first Federal Trade Commission (FTC) enforcement action arising out of the use of a P2P network, litigation stemming from a denial of service attack and federal civil rights cases arising out of data breaches.

Litigation Work:

  • Defended a software and entertainment technology company in a putative nationwide class action alleging breach of various consumer protection statutes, contracts and warranties arising from alleged breach of security for personal information obtained from users of the company’s online distribution platform. Won a transfer of venue and 12(b)(6) dismissal of nine of ten claims. The remaining claim was successfully resolved through individual settlement.
  • Defending a real-time TV advertising metrics technology company in a putative nationwide class action claiming violation of the Video Privacy Protection Act and various state laws for collection and use of TV viewing data. Case is pending.
  • Defended a international coffee company in nationwide class action against claims of negligence and breach of contract arising from the theft from Starbucks of employee information. Case dismissed on client's motion. Dismissal affirmed by Ninth Circuit.
  • Defended a wireless provider in a lawsuit claiming breach of privacy arising from unauthorized employee access to customer cell phone. Case successfully resolved through settlement.
  • Defended magazine and reporter against claims of improper disclosure of interviewee’s identity and personal information. Won unanimous jury verdict following week-long trial.
  • Defended a global medical device company in response to denial of service allegations by a competitor.
  • Defending U.S. hospitality and resort company in federal court class action proceedings for alleged violations of Fair and Accurate Credit Transactions Act (FACTA). Pending.
  • Represented a national medical debt collection company in an investigation and regulatory action filed by the FTC related to P2P technology. Negotiated terms of the consent order and prepared mandatory, periodic compliance reports submitted to the FTC.