Travis LeBlanc

In August 2018, when DraftKings Inc., an online fantasy sports operator, suffered a cyber attack causing a website outage, the company brought in LeBlanc to investigate.

LeBlanc, a former enforcement chief for the Federal Communications Commission now with Cooley LLP, was well-suited to tackle the investigation.

“When you look at the server logs, all you see is the anonymous IP address and we filed a complaint against John Doe,” said LeBlanc. “We used this suit in federal court to go into discovery and identify the account holders so that DraftKings could protect itself from those individuals and malicious IP addresses in the future and, if possible, seek to bring them to justice.”

Even if the perpetrator is identified, LeBlanc noted, nation states are increasingly behind the curtain and the Foreign Sovereign Immunities Act gives them some immunity in U.S. courts.

“Nation states often have unlimited resources and there is almost no legal recourse for American companies who are victimized by these attacks,” LeBlanc said.

With his federal and state government experience including a stint as high-tech crime and cybersecurity adviser for former California attorney general Kamala Harris, LeBlanc has helped clients seek recourse outside the judicial branch’s limitations.

“The U.S. government has tools at their disposal and can raise the attacks in the political realm in the context of trade negotiations or sanctions,” said LeBlanc.

Most of his cases are confidential, LeBlanc said but mentioned he filed a lawsuit last year in the Central District of California on behalf of a “wealthy businessman” and his company who were subject to a nation-state attack. “Nation states often focus their attacks not just on corporate email accounts, but on personal email and social media accounts through spear phishing,” he said.

Companies turn to LeBlanc not only to improve their own network security, but to educate employees on cyber hygiene. When there is a cyberattack, LeBlanc works with his clients to coordinate digital forensics experts, public relations and regulators, as well as notify consumers and file and defend against litigation.

Much of his recent work is focused on the new California Consumer Privacy Act.

“The attorney general is responsible for enforcing it and the privacy unit that AG Harris launched will be the lead,” said LeBlanc. “In that, I am somewhat unique. I don’t think there is anyone in private practice who was as involved in creating and running California’s privacy unit.”

Continuing to do cutting-edge legal work in artificial intelligence, robotics and other technologies is one of his goals.

“I’m lucky to have a team at Cooley with a deep bench of cyber and data privacy specialists and key client base of tech companies,” added LeBlanc. “I really enjoy working with clients in the unsettled areas of the law.”

– Sean Kagan