Experience
Advised Multiple Clients Regarding MOVEit Data Security Breach
Advised and counseled multiple clients impacted by the MOVEit data security incident including strategies for receiving indemnification from vendors, notifying individuals and appropriate regulators, and other remediation measures.
Favorable Settlement for Clients Regarding Commissions Earned Through Sale of Investment Products
Represented clients in relation to a billion-dollar pension investment fund and Ponzi scheme. Secured favorable settlement with a Federal Receiver appointed to claw back commissions earned by clients to the satisfaction of the clients.
Obtained Pretrial Dismissal of Criminal Information for Client Regarding Sale of Unlicensed Securities
Secured complete dismissal for client in securities fraud case brought by the Utah Attorney General’s Office. Client faced five counts related to soliciting investors to purchase real estate investment products and pension investment products, committing securities fraud and selling of an unregistered security. Four of the five counts were never bound over, and the fifth count was dismissed shortly after bindover on a successful motion to dismiss.
Favorable Trial Outcome for Clients Regarding Sale of Financial Services Products
Secured favorable trial outcome in Utah state court for clients sued by their former clients for breach of fiduciary duty, negligence, and negligent misrepresentation in connection with the sale of certain real estate investment and insurance products. After a two week jury trial, the jury allocated less than 25% of the fault to clients, and allocated equal or more fault, in many cases, to plaintiffs.
Favorable Settlement for Client Regarding Digital Currency Lost in SIM Swap
Represented clients in relation to a SIM-swap cyberattack resulting in the loss of hundreds of thousands of dollars in digital currency by bringing affirmative case in Utah Federal Court against a leading digital wallet company and one of the nation’s largest telecommunications provider. After obtaining a complete denial of the defendant wallet company and telecommunications provider’s motion to dismiss, secured a favorable settlement for client.
Defeated Data Breach Class Action at Motion to Dismiss Stage
Secured complete dismissal for lack of personal jurisdiction for client through a successful motion to dismiss in data breach class action brought in Missouri Federal Court.
Secured Immediate Release for Incarcerated Pro Bono Client
Represented a pro bono client through the Washington, D.C., nonprofit Second Look Project who had been incarcerated for more than 31 years. Following an evidentiary hearing, including a written submission and testimony from three witnesses, the judge immediately granted the client’s motion and resentenced him, giving credit for time served and resulting in his immediate release from prison. Without this motion, the client would not have been eligible for parole for another 10-15 years.
Conducted Privacy Assessment and Advanced Compliance Efforts for Animal Health and Nutrition Clients
Advised multiple clients in the animal health and nutrition space in developing and updating privacy programs to address compliance with the ever-changing regulatory landscape – from state-specific to international cross-border requirements. Conducted reviews and assessments, and drafted and implemented policies and procedures tailored to industry-specific and client needs.
Advised Nonprofit Founder on Congressional Testimony
Advised the founder of a public interest-focused privacy nonprofit on the preparation of testimony that was presented before the House Energy and Commerce Committee regarding protections for children in existing privacy laws and the American Data Privacy and Protection Act, a federal omnibus privacy bill.
Counsel to Expert Witness in Multistate Data Breach Settlement
Advised an expert witness for U.K.-based insurance companies in a case brought in the U.K. courts by the insurers in connection with a multistate data breach enforcement action where the personal information of millions of consumers was exposed. Counsel was provided in regard to U.S. law concerning Section 5 of the Federal Trade Commission Act, the data breach and data security statutes of the 40 states whose attorneys general filed complaints, and the potential insurability of penalties in each of the states. The settlement reached in the case was due in large part to the insurability analysis, which was key during negotiations.
Advised Menswear Retailer in SMS Program Launch, Compliance
Advised a major American menswear retailer in launch a transactional SMS program allowing them to communicate via text message with customers who have opted-in. Armstrong Teasdale navigated a strict regulatory environment by identifying regulatory requirements for SMS programs, evaluating internal business processes to streamline compliance, and drafting the requisite consent language. The program required significant cross-collaboration to meet the expected deadlines.
Favorable Settlement for Clients Regarding Sale of Unlicensed Securities
Represented clients charged with sale of unlicensed securities in relation to a billion-dollar real estate investment fund and Ponzi scheme. Secured favorable settlement with the Securities and Exchange Commission to the satisfaction of the clients.
