Michael H. Rubin

  • Partner
  • Emichael.rubin@lw.com
  • 505 Montgomery Street
  • Suite 2000
  • San Francisco, CA 94111-6538
  • USA
  • T +1.415.395.8154
  •  
 

Profile

Michael H. Rubin, a leader of the firm’s Data Privacy & Security Practice and Global Vice Chair of the Technology Industry Group, represents companies in high-stakes and complex litigation in courts throughout the United States, and in regulatory matters before the Federal Trade Commission, United States Attorneys General, and regulatory authorities throughout Europe, Asia, and Latin America.

Mr. Rubin represents clients at all stages of the business life cycle, from emerging companies to global market leaders, with a particular focus on the technology industry. In addition to litigation and regulatory defense matters, clients turn to Mr. Rubin for guidance navigating issues ranging from business model and granular product design concerns, to complex regulatory compliance exercises and strategic transactions.

He regularly addresses issues related to:

  • FTC requirements, including COPPA
  • Regulatory compliance, including GDPR and CCPA
  • Security incidents and breaches, forensic investigations, and remediation of security issues
  • Government requests for information, ECPA, and wiretap issues
  • Behavioral advertising and social media
  • Artificial intelligence
  • Unmanned aerial vehicles

In 2019 and 2020, Mr. Rubin was named a Top Cyber Lawyer in California by California’s Daily Journal, and a Client Service All Star by BTI Consulting. Additionally, Mr. Rubin was recognized by Law360 as a 2020 Cybersecurity & Privacy MVP. 

Experience

Mr. Rubin's experience includes advising:

Regulatory
  • Significant social media company in FTC Section 5 investigation. Matter closed without enforcement action.
  • Significant online commerce provider in FTC Section 5 investigation. Matter closed without enforcement action.
  • Multiple significant ad tech companies in FTC Section 5 investigations. Matters closed without FTC enforcement action.
  • Significant online security provider in FTC Section 5 investigation. Matter closed with no enforcement action.
  • Children’s service in FTC COPPA investigation. Matter closed without enforcement action.
  • Multiple sharing economy companies in FTC Section 5 investigations. Matters closed with enforcement action.
  • Connected device manufacturer in concurrent FTC Section 5 and State Attorney General investigations. Matters closed without enforcement action.
  • Multiple companies in FTC FCRA investigations. Matters closed with no enforcement action.
  • Google in FTC Section 5 and concurrent State AG investigations concerning Google’s placement of cookies on Safari web browsers. Both investigations were resolved with consent decrees in which Google denied liability.
  • Numerous companies in ongoing FTC Consent Decree and Order compliance matters.
Litigation
  • Adkins (formerly Echavarria) v. Facebook Inc. Lead counsel for Facebook in a consolidated consumer class action arising out of a criminal attack on Facebook’s web platform affecting approximately 29 million users globally. As a result of aggressive early discovery into plaintiffs’ claims and multi-pronged motion to dismiss, the court granted Facebook’s motion to dismiss in large part, narrowing the case to a single named plaintiff pursuing a single cause of action for negligence. The parties agreed to a no-damages settlement in which Facebook has committed to maintaining certain security improvements it implemented in the wake of the attack.
  • Weingarten v. LifeLock. Lead counsel for LifeLock in a putative class action which alleged that LifeLock’s identity protection service failed to live up to its advertised promises. After aggressive discovery practice, plaintiffs dismissed their case with prejudice and admitted their allegations had no merit.
  • Henson and Kay v. Turn. Lead counsel for Turn in twin putative class action lawsuits in federal and state court, which allege that Turn, a provider of an online advertising technology platform, used “super cookies” in violation of state privacy and consumer protection laws. The federal matter was dismissed. The state matter remains in active litigation.
  • White v. LG Electronics. Lead counsel for LG Electronics in a putative class action that alleged the company’s SmartTVs violated the federal Wiretap and Video Privacy Protection Acts. Plaintiffs’ claims were dismissed.
  • In re: Google. Cookie Placement Consumer Privacy Litigation. Lead counsel for Google in a complex, multi-defendant, multidistrict litigation, made up of more than 20 putative class actions arising from allegations that Google improperly placed cookies on Safari web browsers by overriding their privacy control. Plaintiffs asserted claims arising under the federal Wiretap and Computer Fraud and Abuse Acts, as well as various California state laws. The district court granted Google’s motion to dismiss all claims with prejudice. The Third Circuit affirmed, with the exception of two state law claims.*

*Matter handled prior to joining Latham

Thought Leadership

  • Practical Considerations for Assessing Data Transfers after Schrems II  -  September 07, 2020
  • CJEU Invalidates EU-US Privacy Shield -  July 16, 2020
  • What’s New, What It Means: California AG Releases Modified CCPA Regulations -  February 13, 2020
  • California Consumer Privacy Act Draft Regulations: What’s New, What’s Next -  October 22, 2019
  • The California Consumer Privacy Act’s Amendments Are Final: What Businesses Need to Know -  September 20, 2019
  • 4 Questions to Consider When Dealing With Children’s Data in the US -  February 26, 2019
  • FTC Hearings Discuss the State of Data Security in the 21st Century -  December 18, 2018
  • Deep Dive on Deep Learning: FTC Considers Artificial Intelligence  -  November 20, 2018
  • FTC Hearing Evaluates Regulatory Oversight of Big Data and Privacy -  November 14, 2018
  • FTC Hearings Consider Pushing Boundaries of Merger Enforcement  -  November 07, 2018
  • FTC Hearing Considers Collusive, Exclusionary, and Predatory Conduct on Digital Platforms -  October 22, 2018
  • FTC Hearing Reconsiders the Consumer Welfare Standard and Labor Markets -  September 26, 2018
  • FTC Opens Doors and Minds to New Approaches for Competition and Consumer Protection in the 21st Century -  September 17, 2018
  • California Consumer Privacy Act of 2018 May Usher in Sweeping Change  -  July 02, 2018
  • California’s Consumer Right to Privacy Ballot Initiative – What You Need to Know -  April 16, 2018
  • Court Rules on D-Link Motion to Dismiss in FTC Matter -  September 22, 2017
Named among the Top Cyber/Artificial Intelligence Lawyers in California.The Daily Journal 2019
Bar Qualification
  • California
Education
  • BA in Foreign Affairs & Spanish, University of Virginia, 0
    With Distinction
  • JD, University of Michigan Law School, 0
    Cum Laude
Industries
  • Technology
Practices
  • Communications Law
  • White Collar Defense & Investigations
  • Litigation & Trial Practice
  • Complex Commercial Litigation
  • Data Privacy & Security
  • False Claims Act