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Privacy & Data Breach Litigation

In the evolving world of privacy and data breach litigation, creative pleading is often the name of the game. Actions involving alleged privacy violations and data breaches increasingly incorporate not only breach of contract claims but also novel statutory claims and new applications of common law torts such as negligence, conversion, false light invasion of privacy, intrusion upon seclusion and publication of private facts. Faegre Baker Daniels’ litigators routinely defend clients faced with such claims.

Our Expertise

Combining broad subject area expertise with a client-focused approach, our litigators help clients of all types work through the fallout from an alleged privacy violation or data breach. In addition to providing advice on initial investigative and response efforts, we have extensive experience helping clients address a wide range of issues, from straightforward reporting requirements through comprehensive government investigations, complex class action litigation and multidistrict litigation.

Representative Privacy Litigation Experience

  • Obtained summary judgment dismissing breach of privacy claims arising from the theft of unencrypted customer information from a financial institution.
  • Ongoing representation of a national retailer faced with an array of claims arising from a widely-publicized data breach. Our lawyers serve as lead counsel in shareholder derivative actions arising from the breach, and as local counsel in related consumer and financial institution cases, all of which are combined into a single multidistrict proceeding.
  • Early and favorable resolutions of numerous class action lawsuits alleging violations of the Telephone Consumer Protection Act (TCPA) and Junk Fax Protection Act (JFPA), including actions raising cutting-edge issues relating to prior authorization, device ownership and text message use.
  • Obtained dismissal of false light invasion of privacy claim against publishing company in 2013 decision of Iowa Supreme Court.
  • Successful summary judgment against claims that our client, a major sports league, infringed the right of publicity by improperly publishing footage featuring former professional athletes.

Our Multidisciplinary Practice

As part of our client-focused approach, litigators leading our privacy and cybersecurity practice partner with the firm’s industry-focused teams, including professionals focused on health and life sciences and financial services. When an alleged privacy breach or intrusion triggers public relations, legislative or regulatory concerns, our team of privacy, data security and cybersecurity professionals at Faegre Baker Daniels Consulting is also available to respond.

Contact

Kathleen Rice Mosier, South Bend
+1 574 239 1958
Michael A. Ponto, Minneapolis
+1 612 766 7420
Leita Walker, Minneapolis
+1 612 766 8347
Paul H. Luehr, Minneapolis
+1 612 766 7195


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