Sep. 13, 2012
S. Ashlie Beringer
See more on S. Ashlie BeringerGibson, Dunn & Crutcher LLP Palo Alto Litigation Specialty: technology, data privacy
In the past year, Beringer has successfully litigated cases that are expected to have significant impacts on the cyber world.
Among them, she obtained dismissal with prejudice on behalf of Flurry Inc. and other mobile industry defendants in a nationwide mobile application privacy class action. In re: iPhone Application Litigation, 11-MD-02250-LHK (N.D. Cal., filed April 15, 2011).
At issue were allegations that the defendants collected and disclosed data and personal information from apps running on Apple iPhones and other iOS devices without users' knowledge and consent.
"There has been a rash of filings in the last few years, alleging privacy-related theories," Beringer, co-chair of the firm's information technology and data privacy practice group, said. "There has been no comprehensive state or federal privacy statute, so the plaintiffs turn to a hodgepodge of different claims to put viable cases together."
This case was the first challenge involving mobile app technology, she said.
In another significant case, Beringer obtained dismissal with prejudice in a class action alleging that Yelp Inc., an online review site, had manipulated user reviews of businesses in an attempt to sell advertising. Levitt v. Yelp, CV 10-1321-EMC (N.D. Cal., filed March 29, 2010).
The judge ruled that Yelp was immune to such charges under the Communications Decency Act. Beringer also had obtained a dismissal in an earlier complaint on grounds that the plaintiffs had failed to back up their claims that fluctuations in user reviews were allegedly due to extortion.
"This is a very significant ruling concerning the scope of CDA immunity for a website operator," Beringer said.
The case is on pending before the 9th U.S. Circuit Court of Appeals.
She also defended Facebook in a high-profile privacy investigation by the Federal Trade Commission.
Beringer negotiated a settlement in which Facebook Inc. would not have to get user consent related to any new technology, she said, but only for material, retroactive changes for existing user settings in specific circumstances.
"I was acutely focused on negotiating an order that would preserve the current business model and permit it to thrive and continue to innovate for decades to come," Beringer said.
- PAT BRODERICK
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