Government and Regulatory Investigations and Working With Law Enforcement and Litigation and Class Action Defense

Litigation and Regulatory Enforcement

Some disputes are unavoidable. When those occur, the privacy and data security team at Manatt can help: Not only are we privacy and cybersecurity lawyers, we are seasoned trial attorneys as well, with decades of experience. We understand the technology, and we understand how to position disputes for the best resolution. This work sometimes starts as an internal investigation to identify facts and mitigate risk even before litigation begins. We also regularly consult on proactive and reactive incident response work to optimally position our clients in the event disputes arise.

Our track record of success speaks for itself. Every litigator should be prepared to take a case through trial, and we have won many jury and bench trials for our clients over the years in data theft, trade secret, copyright and related cases. Of course, most cases do not go to trial, but the best result may still be obtained from proceeding as though they will. In addition to our successful trial work, our team has achieved many successes at pretrial stages.

Our experience in privacy, technology and security matters includes representing the following:

  • A multinational media conglomerate in trial court and appellate proceedings in connection with a purported class action lawsuit alleging violations of a state Social Security Number Privacy Act (SSNPA), invasion of privacy and negligence. Following oral argument, the court of appeals affirmed the trial court’s decision to dismiss the complaint because the plaintiffs had failed to meet the SSNPA’s pleading elements, and it opined that our client had not publicly displayed the Social Security numbers through its products as alleged.
  • A major healthcare insurer in defending against putative class action claims in a high-profile case following the dissemination of more than 12,000 letters to members that potentially and allegedly disclosed the term “HIV Medications.” The insurer faced multiple class actions and government inquiries. Manatt was successful in consolidating numerous class actions into a single venue and in negotiating a settlement of the consolidated class actions, avoiding protracted litigation.
  • A healthcare facility in successfully defending a purported class action, on an issue of first impression in the U.S. Court of Appeals for the Eleventh Circuit concerning Article III standing and requirements adequately to plead harm, alleging patient data had been accessed, stolen and posted to the Internet.
  • A video game company in a data theft case involving “virtual reality” intellectual property, obtaining a $500 million jury verdict against the subsidiary of a global media conglomerate and its executives.
  • A global technology company in a trade secret misappropriation case, obtaining a multimillion-dollar jury verdict, damages award and permanent injunction.
  • A global consumer software company in successfully defending Lanham Act and unfair competition claims brought by a competitor over the company’s characterization of the competitor’s products.
  • A global consumer software company in successfully defending its SaaS/subscription model for consumer software against threatened class action litigation.
  • A global consumer software company in successfully defending a purported class action over representations about the company’s computer optimization software as part of a run of litigation against computer optimization software developers, securing a settlement that represented a significantly lower cost for the company than the settlements reached in other cases.
  • Multiple individual defendants in a federal court action involving alleged violations of the CFAA and the SCA in connection with an alleged scheme to clone a state-owned petrochemical company’s electronic infrastructure.
Other Reactive Services
 
Incident Response and Internal Investigations
 
 
Crisis Management and Communications
 
 
Other Proactive Services
 
Risk and Gap Assessments
 
 
Preparedness and Testing
 
 
Written Policies and Procedures and Data Management
 
 
Cybersecurity and Privacy Compliance and Regulatory Examinations
 
 
Corporate Governance and Executive Board Advisement
 
 
Workforce Education and Training
 
 
Third-Party and Vendor Management
 
 
Transactions, Contracting and Due Diligence
 
 
Government Affairs and Advocacy
 
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