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Natalie Prescott

Associate

[email protected]

+1.858.314.1534

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Natalie is a Certified Information Privacy Professional (CIPP/US) and an award-winning trial lawyer. She is the go-to lawyer in bet-the-company cases, class actions, and complex litigation matters. 

She has been recognized with such prominent awards as “Super Lawyers,” “Women in the Law,” “Top Attorneys,” and “The Best Lawyers in America.”  She was the first female recipient of the prestigious Outstanding Young Lawyer of the Year Award from the International Bar Association. 

After graduating at the top of her class from Duke Law School, Natalie clerked for the District Court Judge Roger Benitez of the Southern District of California. She then spent many years as a litigator at the highest-ranked law firm in the nation before joining Mintz. She is a graduate of the highly selective Gerry Spence Trial Lawyers College and has further honed her trial skills as a volunteer Assistant District Attorney.  She has taken and defended hundreds of depositions; has argued twice before the Ninth Circuit; and has tried many cases to verdict.  

Natalie is also an award-winning book author and an avid writer. She has published numerous articles in the areas of privacy law, consumer litigation, CIPA, TCPA, and arbitration.  Her works have appeared in Bloomberg, Law 360, and The Daily Journal. She has presented at numerous conferences and events, moderated panels on GDPR and TCPA, and taught a course on Privacy at the USD Cyber Security Executive Program.

A member of the International Association of Privacy Professionals, Natalie assists clients with defending consumer class actions, responding to regulatory inquiries into data security practices, data breach notifications, compliance, and incident management and response. She helps with drafting and implementation of privacy policies and best practices and assessing risks associated with their privacy practices across the globe. She also defends companies in high-stakes litigation matters, insurance coverage disputes, call recording class actions, privacy cases, consumer class actions, breach-of-contract cases, and cases involving alleged violations of California’s unfair competition law, Business and Professions Code §§ 17200 et seq. Fluent in Russian and Ukrainian, Natalie brings international expertise to global companies with U.S. and international presence.

A single mom, Natalie is passionate about the advancement of women. She serves on the firm’s Women’s Initiative subcommittee and has previously served on the Board of the Mother Attorneys Mentorship Association, Couture for a Cause, and Lawyers Club.

Education

  • Duke University (JD, cum laude)
  • Tulane University (MA)
  • University of Southern Mississippi (BA, summa cum laude)

Experience

  • Defended major pharmaceutical companies in nationwide consumer fraud class action litigation and in mass tort litigation, including serving as one of lead attorneys in charge of interviewing and retaining experts.
  • Successfully defended an auto manufacturer in cases involving regulatory compliance, product liability class actions, class certification issues, and multi-district-litigation (MDL) proceedings.
  • Defended an airline company in product liability and wrongful death lawsuits.
  • Successfully defended an engine manufacturer in Diesel Engine Products Liability Litigation.
  • Represented manufacturers of foods and medicine products in false advertising and California Unfair Competition claims (17200).
  • Represented multinational technology corporation in a high-profile data breach matter, advising the company on data-breach notification requirements in various states, analyzing compliance issues, working closely with the government with respect to reporting obligations, and assisting with notification letters.
  • Successfully defended a global entertainment company and an award-winning director in a copyright infringement case of an Oscar-winning motion picture.  Matter resulted in a dismissal with prejudice at the motion-to-dismiss stage.
  • Represented a global athletic apparel manufacturer in multiple state and federal matters, insurance coverage issues, and appellate issues.
  • Defended small and medium-sized companies in cases involving do-not-call violations, The Junk Fax Prevention Act (JFPA), and Telephone Consumer Protection Act (TCPA).
  • Assisted employers and employees with issues related to employee privacy issues, trade secrets, workplace monitoring and recording, and securing and return of confidential information.

Recognition & Awards

  • Super Lawyers, Top Rated Class Action & Mass Torts Attorney (2017-2018)
  • The Best Lawyers in America: Litigation - Insurance (2015 – 2019)
  • San Diego Super Lawyers: Rising Star (2015 – 2016)
  • The Best Lawyers in America: Women in the Law (2018)
  • San Diego Magazine: “Top Lawyers in San Diego” (2014 – 2018)
  • Martindale-Hubbell AV Preeminent (2013 – 2018)
  • San Diego Metro Magazine: "Top Attorneys" (2012)
  • San Diego Daily Transcript: "Top Attorneys in the Insurance Category" (2010)
  • International Bar Association: Outstanding Young Lawyer of the Year (2010)
  • California Bar Association: Jack Berman Award of Achievement (2008)

Involvement

  • Publications Advisory Board Member, IAPP (current)
  • Co-Chair, San Diego Knowledge Net Chapter, IAPP (current)
  • Member, IAPP Women in Privacy (current)
  • Past Vice President, Lawyers Club of San Diego (2013)
  • Member of the Board of Directors, Lawyers Club of San Diego (2010 – 2013)
  • Member of the Board of Directors, Mother Attorneys Mentoring Association (2011 – 2012)
  • Couture for a Cause Steering Committee (2008 – 2011)
  • Holocaust Reparations Project (2010 – 2012)

Languages

- German

- Russian

- Ukrainian

Recent Insights

News & Press

Events

Viewpoints

Viewpoint
Read about recent TCPA cases and FCC comment periods on automatic telephone dialing systems, call blocking technologies, and a proposed emergency use exemption to the TCPA.
Viewpoint
In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.

This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.

In this issue, we look at recent TCPA-related activity at the FCC, including the agency’s reevaulation of some TCPA rulings as well as a notable fine levied against a robocaller for malicious spoofing. In addition, in our Class Action & Litigation Update, we look at recent district court rulings offering different interpretations of what constitutes an ATDS, and consider where this split between the circuits leaves TCPA defendants.

This month we consider the Ninth Circuit’s pending Crunch ruling and how the decision may affect parties defending TCPA cases. You’ll find the story in our Class Action & Litigation Update. Our Legislative Update offers a quick review of the recent US House and Senate hearings on illegal robocalls. For a roundup of TCPA-related developments at the FCC, please see our Regulatory Update.

When a business is faced with a TCPA or a privacy class action, getting rid of the lawsuit is its number one priority. This is why it is important to entrust the case to highly experienced counsel, well versed in defending class actions. Together, the lawyers and the clients can work on developing the best approach for defending against TCPA allegations. The strategy varies widely, depending on the merits of the case and whether the plaintiff and their lawyers are open to an early and reasonable settlement. In many such cases, however, an early offer of judgment (a “Rule 68” offer) should continue to be a part of the case strategy from its early stage.

The New York State Department of Financial Services has announced -- much to the relief of the multitude of financial services companies and insurers regulated by DFS -- that it will revamp its recently proposed cybersecurity rule.
The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches.
On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case against a lab testing company LabMD and misapplied the unfairness standard. 

News & Press

Mintz Levin is pleased to announce that nine attorneys have been named San Diego Super Lawyers for 2018 while two others have been named San Diego Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement. 
Natalie Prescott, a litigation Associate in the Mintz San Diego office, authored an article in the Bloomberg Law Privacy and Security Report on the uptick in class action suits against companies that record consumer calls, and how those companies can protect themselves against future litigation.
Mintz attorney Natalie Prescott, who is a Certified Information Privacy Professional (CIPP/US), an article for IAPP’s The Privacy Advisor reviewing the book, Privacy in the Workplace.
Mitch Danzig, a Member of the Mintz San Diego office, and Natalie Prescott, an Associate in the same office, were featured in an AmLaw Litigation Daily article covering the sanctions granted to CrossFit in its legal proceedings responding to alleged injury claims.
Mintz's Joshua Briones, Esteban Morales, and Natalie Prescott authored an article in The Daily Journal covering a Kentucky federal court dismissal of a lawsuit brought by a drone pilot against the “Drone Slayer.”
Mintz achieved another victory for client CrossFit, Inc. in an ongoing dispute against the National Strength and Conditioning Association (NSCA). In this latest victory, the Court imposed harsh evidentiary, issue, and monetary sanctions against the NSCA.
Joshua Briones, a Managing Member in Mintz’s Los Angeles office; Esteban Morales, an Associate in that office; and Natalie Prescott, an Associate in Mintz’s San Diego office, authored this Law360 article discussing the new legal challenges presented by drones.
Mintz is pleased to announce a significant victory on behalf of its client CrossFit, Inc. against the National Strength & Conditioning Association. The U.S. District Court for the Southern District of California issued rulings on both parties’ motions for summary judgment.
This Law360 article discusses a former NFL player Shawne Merriman's trademark lawsuit against Vermont Teddy Bear Co. Inc. for using his "Lights Out" nickname on their products without his permission. Mintz Member Andrew Skale and Associate Natalie Prescott are mentioned as counsel for Merriman.

Events

Panelist
Jul
26
2018

San Diego KnowledgeNet

The California Consumer Privacy Act of 2018: How the CCPA Will Impact Companies and Consumers

Mintz Levin - 3580 Carmel Mountain Road, 3rd Floor, Suite 300

Moderator
Panelist
Apr
10
2017

Guide to Consumer Communications and Compliance: TCPA, FDCPA, CAN-SPAM, and CIPA

IAPP KnowledgeNet CLE

SDG&E Energy Innovation Center 4760 Clairemont Mesa Blvd. San Diego, CA