Data Breach, Consumer Fraud, Securities
I provide services for companies needing to defend themselves from class actions. I have experience in data breach, consumer fraud, securities fraud and other types of class actions. My substantive areas of knowledge include, among others, data privacy (in which I am certified by the International Association of Privacy Professionals in U.S. law), ERISA, RICO, consumer fraud statutes, common law fraud, breach of contract, antitrust and bankruptcy law.
In addition to defending companies of any size in class action litigation, I also advise companies on best practices and assist them when they are the target of regulatory investigations.
I work with clients to determine the most cost-efficient and affordable way to defend the class actions or regulatory investigations with which they are faced. If there is no conflict of interest, I often provide a free initial consult.
- Polanco v. Omnicell, Inc., 2013 WL 6823265 (D.N.J. Dec. 26, 2013) (dismissal of data breach class action).
- Represented amicus on winning side in seminal class action cases before U.S. Supreme Court. The Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013); Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).
- Represented broker-dealer in recently-settled international securities-based class action. Marylebone PCC Limited v. Millennium Global Investments, Ltd., No. 12-cv-3835 (S.D.N.Y. 2014).
- Represented company in Civil Investigative Demand by state attorney general regarding data privacy and security practices.
- Represented amicus in U.S. Supreme Court in Campbell-Ewald Company v. Gomez, No. 14-857, slip op (Jan. 20, 2016) (concerning use of offer of judgment in Telephone Consumer Protection Act case).
- Represented amicus in U.S. Supreme Court in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, slip op. (March 22, 2016) (dealing with use of statistics for determining liability and damages and inclusion of uninjured class members in a class action under Rule 23 or a collective action under the Fair Labor Standards Act).
- Picard v. Fox, 429 B.R. 423 (Bankr. S.D.N.Y. 2010), aff’d, In re Madoff, 848 F. Supp.2d 469 (S.D.N.Y. 2012), aff’d, 740 F.3d 81 (2d Cir. 2014) (enjoining competing class action litigation).
- Picard v. Goldman, 2016 WL 625076 (Bankr. S.D.N.Y. February 17, 2016) (enjoining competing class litigation).
- Picard v. Marshall, 2014 WL 2862670 (Bankr. S.D.N.Y. June 23, 2014), aff’d, Fox v. Picard, 2015 WL 2166508 (S.D.N.Y. May 11, 2015) (enjoining competing class litigation).
- Rakes v. Life Investors Ins. Co. of America, 2008 WL 2158717 (N.D. Iowa June 20, 2008), aff’d, 2009 WL 2981976 (8th Cir. Sept. 18, 2009) (summary judgment in ERISA insurance fraud class action).
- Medis Investor Group v. Medis Technologies, Ltd., 586 F. Supp.2d 136 (S.D.N.Y. 2008), aff’d, 2009 WL 217277 (2d Cir. July 21, 2009) (dismissal of securities fraud class action).
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