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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, CCPA, CIPA, TCPA, biometrics, and arbitration. She is frequently quoted in the media regarding cutting-edge legal developments in the area of CCPA and privacy laws.  Her works have appeared in Bloomberg, Law 360, The Recorder, and The Daily Journal. She has moderated numerous panels; presented at conferences and events on CCPA, GDPR, BIPA, 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.
  • Obtained a complete trial victory in a high-value multimillion-dollar real estate development litigation.
  • Obtained a summary judgment victory in a high-profile lawsuit involving defamation, UCL claims, and First Amendment issues.
  • 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

  • Top Lawyers in San Diego: Class Actions Defense (2018, 2019, 2020)
  • Best Lawyers in America: Litigation - Insurance (2015 – 2020)
  • Top Lawyers in Southern California (Los Angeles Times) (2020)
  • Super Lawyers, Top Rated Class Action & Mass Torts Attorney (2017, 2018)
  • Women in the Law (Best Lawyers) (2016, 2017, 2018)
  • San Diego Magazine: "Top Lawyers in San Diego" (2014 - 2020)
  • AV Preeminent Rating (Martindale-Hubbell) (2013-2020)
  • San Diego Super Lawyers: Rising Star (2015, 2016)
  • Best Lawyers In San Diego (Wall Street Journal) (2016 )
  • Top Attorneys (San Diego Metro Magazine) (2012)
  • Top Attorneys-Insurance (San Diego Diego Transcript) (2010)
  • Outstanding Young Lawyer of the Year (International Bar Association) (2010)
  • 40 Under 40 (San Diego Metro Magazine) (2009)
  • Jack Berman Award of Achievement (California Bar Association) (2008)

Involvement

  • Publications Advisory Board Member, IAPP (2016 - 2018)
  • Co-Chair, San Diego Knowledge Net Chapter, IAPP (2016 - 2018)
  • Member, IAPP Women in Privacy (current)
  • Past Vice President, Lawyers Club of San Diego (2012 - 2013)
  • Member, Board of Directors, Lawyers Club of San Diego (2010 – 2013)
  • Member, Board of Directors, Mother Attorneys Mentoring Association (2011 – 2012)
  • Member, Couture for a Cause Steering Committee (2008 – 2011)
  • Holocaust Reparations Project (2010 – 2012)

Languages

- German

- Russian

- Ukrainian

Recent Insights

News & Press

Viewpoints

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Kick the CCPA Compliance Program Back Into Gear

September 8, 2020 | Blog | By Cynthia Larose, Natalie Prescott

2020 “back to school” has a whole new meaning in the age of COVID-19.   Now, it is finally time for companies to take compliance with the California Consumer Privacy Act (“CCPA”) off the back burner and implement policies and procedures and processes.  The California Attorney General’s final regulations are in place and approved (“Final Regulations”), and ready for enforcement. 
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Last week, the plaintiffs in three related children’s privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions.  The matters—known as the Kiloo Action, the Disney Action, and the Viacom Action—are pending in the Northern District of California, case numbers 3:17-CV-04344-JD; 3:17-CV-4419-JD; 3:17-CV-4492-JD. 
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Temperature Checks May Add Privacy Notice Obligations for California Businesses

June 17, 2020 | Blog | By Natalie Prescott, Jennifer Rubin, Cynthia Larose

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A New CCPA Data Breach Lawsuit Is “Minted”

June 17, 2020 | Blog | By Natalie Prescott, Cynthia Larose

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May.  The proposed class action lawsuit, filed in a California federal court, claims that Minted Inc. failed to implement “reasonable security measures” and to properly encrypt certain personal information.
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The B.O.T. Act went into effect in California last year. This law regulates “bots,” which are defined as “automated online account[s] where all or substantially all of the actions or posts of that account are not the result of a person.” Watch this 1-minute video explaining the B.O.T. law.
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BIPA prohibits the unlawful collection and storing of biometric information and has very strict requirements. It broadly defines “biometric information” to include retina scans, iris scans, fingerprints, palm prints, voice recognition, facial-geometry recognition, DNA recognition, gait recognition, and scent recognition. Watch this 2-minute video explaining what you need to know about BIPA, how BIPA penalties work, and which states are looking to follow its lead.
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This blog post focuses on the Illinois Artificial Intelligence Video Interview Act (“AIVIA”). Watch this 2-minute video explaining what AIVIA means for companies in the new digital world and in the COVID-19 remote environment. 
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This post focuses on the California Consumer Protection Act of 2018 (the “CCPA”).  The CCPA went into effect on January 1, 2020, and its enforcement is set to begin on July 1, 2020.  We are already seeing a wave of privacy class actions with CCPA allegations and the resulting litigation trends. Watch this 3-minute video highlighting what you need to know about the CCPA, when it applies, and what consumer rights the companies must honor for California residents.
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In these latest series of blog posts focusing on privacy litigation trends, we discuss four key privacy laws that will impact U.S.-based companies in 2020-2021. These laws are especially relevant for companies seeking to employ Artificial Intelligence (“AI”). Watch this 3-minute video explaining these key privacy laws.
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In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach.  The court ordered the release of the unredacted cybersecurity report, despite that it was prepared in anticipation of litigation at the direction of outside counsel.  Despite ordering the release of the report itself, the court denied (without prejudice) the class plaintiffs’ request to also compel the disclosure of the “related materials,” finding that these materials may still qualify for protection, and that this issue was not yet adequately briefed. 
Read more

News & Press

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Mintz Member and Chair of the firm’s Privacy & Cybersecurity Practice Cynthia Larose and Associate Natalie Prescott co-authored a Bloomberg Law “Professional Perspective” column analyzing the latest litigation trends that are emerging from recent privacy class actions involving children.
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Mintz Member and Chair of the firm’s Privacy & Cybersecurity Practice Cynthia Larose and Associate Natalie Prescott co-authored a Wolters Kluwer “SmartTask” designed for practitioners responsible for assessing existing privacy policies of U.S.-based companies.
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In an article published by Corporate Counsel, Mintz Associate Natalie Prescott commented on the proposed California Privacy Rights Act (CPRA), and emphasized the importance of compliance with the California Consumer Privacy Act (CCPA) in advance of its July 1 enforcement date.
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In an article published by Communications Daily, Mintz Associate Natalie Prescott advised that while businesses should be aware of the proposed California Privacy Rights Act (CPRA) as it moves forward, another critical focal point should be on compliance with the existing California Consumer Privacy Act (CCPA).
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In an article published by Communications Daily, Mintz Associate Natalie Prescott was quoted addressing the upcoming enforcement of the California Consumer Privacy Act (CCPA) on July 1 and that companies should still keep compliance in mind despite COVID-19.
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Mintz Member Evan Nadel and Associate Natalie Prescott co-authored this Bloomberg Law “Professional Perspective” column examining critical legal considerations for companies using artificial intelligence, biometrics, or bot technology.
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Mintz attorney Natalie Prescott authored this article published by The Recorder analyzing the notable trend towards state regulation of biometric data and detailing how companies can proactively monitor their compliance with emerging privacy laws.
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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.
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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.”
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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.
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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

Speaker
Apr
14
2020

Managing Cybersecurity Risk: Advice to Board Members

Women Corporate Directors

Webinar - San Diego, CA

Webinar Reference Image
Nov
19
2019

Humans and Bots: Preparing For a New Blended Workforce

Agilent Technologies

Santa Clara, CA

Speaker
Jul
18
2019

CCPA

Litigation Avoidance for Companies in 2020 and Beyond

Mintz 3580 Carmel Mountain Rd #300 San Diego, CA 92130

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