"He's an excellent litigator and he's very smart."
Chambers USA 2023
"Michael is a strong lawyer."
Chambers USA 2023
“Michael is a powerhouse.”
Chambers Global 2022
“He has good judgement and strong expertise.”
Chambers Global 2022
“He is amazing before the regulators.”
Chambers Global 2022
Top Cyber/Artificial Intelligence Lawyers in California
The Daily Journal 2019-2020
MVP of the Year – Cybersecurity & Privacy
Law360 2020, 2023
Profile
Michael H. Rubin, Global Co-Chair of the Privacy & Cyber 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 Section 5 and other requirements, including COPPA, GLBA, ROSCA, and other FTC Rules
Artificial intelligence
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
Unmanned aerial vehicles
Mr. Rubin has twice been recognized by Law360 as a Cybersecurity & Privacy MVP, in 2020 and 2023. Additionally, in 2019 and 2020, Mr. Rubin was named a Top Artificial Intelligence and Cyber Lawyer in California by the Daily Journal, and a Client Service All Star by BTI Consulting.
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
Frasco v. Flo Health, Inc, et al. Lead counsel for AppsFlyer, in a class action alleging aid and abetting based on the receipt of alleged health data sent by app Flo Health, a popular health and fitness mobile application. Secured dismissal of the claims against AppsFlyer on Article III standing grounds.
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 narrowed 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 and the state matter was resolved with a walkway settlement.
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
Qualifications
Bar Qualification
California
District of Columbia
Education
BA in Foreign Affairs & Spanish, University of Virginia With Distinction
Global Co-Chair of Latham’s Privacy & Cyber Practice and Global Vice Chair of the Technology Industry Group, partner Michael Rubin earned Law360’s Cybersecurity MVP honor for successfully resolving regulatory matters and for securing court victories in novel disputes.
The Order marks an ambitious effort to stand up a whole-of-government approach to encouraging the benefits and managing the risks of artificial intelligence, with many of its most significant private-sector implications announced but not yet in place.
The California Attorney General’s investigative sweep is a potential harbinger of increased focus on employers’ data privacy compliance with respect to employee data.
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