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Data & Privacy Litigation and Investigations

  • Represented a large automotive group in Massachusetts concerning an extortionate threat made by a former employee who had access to confidential customer information. We conducted an investigation in this cyber/privacy case regarding the client’s duty to disclose (or not disclose). After determining that no disclosure was required, the case resolved with a satisfactory result for our client.
  • Represented a mobile app developer in a suit involving California's Cellular Communications Interception Act, California's Invasion of Privacy Act, the California Constitution, and a claim for Intrusion Upon Seclusion, in which Plaintiff alleged that an app acted as a tracking device. Succeeded on a Motion to Dismiss all claims.
  • Obtained dismissal of a “junk fax” class action brought under the TCPA in connection with informational faxes sent to a health care benefit administrator’s network of providers.
  • Secured a summary judgement in the Southern District of New York on behalf of the Triborough Bridge and Tunnel Authority as well as The Port Authority of New York and New Jersey in a class action alleging the defendants had used a cashless toll system to charge individuals with violation fees without adequate notice.
Case Study
When data belonging to one of the client's large customers was exposed, Mintz helped the client develop a timely response and limit its exposure. The firm's Certified Privacy Professionals have helped companies manage data security incidents for over 15 years.
Case Study
A Mintz attorney advised the publisher of a major American newspaper regarding a data breach involving 200,000 subscribers' personal information. Mintz helped the client set up call centers, notify subscribers, and negotiate a multistate and Federal Trade Commission resolution without enforcement actions.
Case Study
A Mintz attorney assisted a Fortune 500 company with a multistate investigation of a data breach involving credit, debit card, and check information. The client avoided government enforcement action and obtained complete dismissal of a class action. Mintz counseled the company on risk management and response.
Case Study
Mintz defended a major Massachusetts hospital against federal and state regulatory enforcement actions and class actions following a breach that affected 800,000 people. Mintz also litigated against companies responsible for the loss of data and managed risk assessments under HIPAA and HITECH.