Class Action Litigation
Kaplan Fox is an emerging national leader in data privacy litigation. San Francisco partner-in-charge Laurence King filed and successfully prosecuted one of first online data breach cases, Syran v. LexisNexis Group, No. 05-cv-0909 (S.D. Cal.). In 2013 the firm launched the separate data privacy practice with the addition of David Straite, who was recognized by M.I.T. Technology Review magazine as a pioneer in the field.
The focus of the data privacy practice is to bring innovative cases that move the law and advance the cause of digital privacy. Forward-looking changes in corporate behavior are as important as financial recovery for victims. For example, Kaplan Fox was appointed co-lead counsel in the recently concluded Yahoo email scanning case, In re: Yahoo Mail Litig., 5:13-cv-4980-LHK (N.D. Cal.). In a widely praised settlement, Yahoo agreed to structural changes to its email delivery architecture later used as a model in an unrelated case.
Similarly, the firm is lead counsel in a national class action against Universal Property and Casualty Insurance Company in Florida, a data privacy case filed completely under seal and under court supervision to fix a potentially dangerous website vulnerability before a data breach occurred. Rodriguez v. Universal Property, 16-60442-COHN (S.D. Fla.). The case may be the first of its kind. The defendant worked cooperatively with the firm, addressed the issue prior to unsealing, and the Court has preliminarily approved a related class settlement. Kaplan Fox believes its actions may have prevented a catastrophic data breach.
The firm also has court-appointed roles in ongoing litigation against Facebook (In re: Facebook Internet Tracking Litig., 5:12-MD-2314-EJD (N.D. Cal.) regarding the now-discontinued practice of tracking internet users post-logout), Google (In re: Google Cookie Placement Consumer Privacy Litig., 1:12-md-2358-SLR (D. Del.) regarding the circumvention of privacy settings on Safari browsers) and Horizon Blue Cross Blue Shield, where the firm recently obtained a precedential pro-privacy ruling from the Third Circuit. In re: Horizon Healthcare Data Breach Litig., No. 15-2309 (3d Cir.).
The firm’s attorneys are also active outside of the courtroom to advocate for digital privacy rights and to educate the bar and public by participating on CLE panels, providing information to the media, and authoring articles.
Advisory Services
In 2017, the firm launched a data privacy and cyberlaw advisory practice for its business clients. Consistent with the firm’s mission to protect consumer privacy, Kaplan Fox advises companies on compliance with data protection laws governing the collection, storage, use and sharing of its customers’ (and third parties’) private data. We also help our clients ensure that what they say about their privacy practices comports with what they actually do. Given the firm’s leadership in prosecuting data privacy litigation, we are in a unique position to help our clients identify and reduce their data privacy related litigation risk.
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Contacts:
Laurence D. King
350 Sansome St., Suite 400
San Francisco, CA 94104
phone: (415) 772-4700
fax: (415) 772-4707
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Frederic S. Fox
850 Third Avenue, 14th Floor
New York, NY 10022
phone: (212) 687-1980
fax: (212) 687-7714
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Joel B. Strauss
850 Third Avenue, 14th Floor
New York, NY 10022
phone: (212) 687-1980
fax: (212) 687-7714
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