MICHAEL H. RUBIN

Partner
 
Internet Strategy & Litigation
Privacy & Data Security
Copyright
IP Litigation
Litigation

EXPERIENCE:

Michael Rubin is a partner at Wilson Sonsini Goodrich & Rosati, where his practice focuses on privacy and data protection and Internet strategy and litigation. Michael's clients range from industry leaders to start-ups, and he represents them in complex litigation and regulatory investigations across the globe. Michael routinely provides practical counseling on mission critical issues, and works with his clients to craft operational business strategies that effectively address the legal challenges their business models pose.

Michael is co-chair of the firm's privacy and data protection practice and a hiring partner.

SELECT CURRENT LITIGATION MATTERS:
  • Google in In re: Google Inc. Street View Electronic Communications Litigation. This multidistrict litigation is comprised of more than a dozen putative class action suits challenging the acquisition of publicly broadcast Wi-Fi data by Google's Street View vehicles from open and unencrypted wireless networks. The lawsuit alleges that Google violated the federal Wiretap Act.
  • Google in In re: Google Inc. Android Consumer Privacy Litigation. This multidistrict litigation is made up of eight putative class action lawsuits and involves claims that Google's Android operating system or apps downloaded to Android devices have mishandled user information, including information about users' locations.
  • Google in In re: Google Inc. Cookie Placement Consumer Privacy Litigation. This complex, multi-defendant multidistrict litigation is made up of more than 20 putative class actions arising from allegations that Google improperly placed cookies on Safari web browsers. Plaintiffs assert claims arising under the Federal Wiretap and Computer Fraud and Abuse Acts, as well as various California state laws. Google's motion to dismiss plaintiffs' complaint was granted in October 2013. That decision is currently on appeal to the Third Circuit.
  • Google in In re: Nickelodeon Consumer Privacy Litigation. This multidistrict litigation is comprised of six putative class action lawsuits alleging that Internet users under age 13 who visited three Viacom-owned and operated websites received cookies that enable Viacom and Google to track certain web-based activities. Plaintiffs' claims against Google arise under the Federal Wiretap Act and Video Privacy Protection Acts, as well as state laws. Google's motion to dismiss plaintiffs' complaint was granted in July 2014.
SELECT PRIOR LITIGATION MATTERS:
  • YouTube in Viacom v. YouTube and English Premier League v. YouTube. These copyright infringement actions challenge YouTube's operations and are pending in the Southern District of New York on remand from the Second Circuit Court of Appeals. In addition to securing summary judgment for YouTube, Wilson Sonsini Goodrich & Rosati secured orders barring the recovery of punitive damages in copyright infringement actions and requiring that foreign plaintiffs register their copyrights in order to seek statutory damages under the Copyright Act. The firm also secured orders protecting Google's source code and users' private videos from disclosure during discovery. The Second Circuit's opinion can be found here. On remand, the district court again granted YouTube's renewed motion for summary judgment in the Viacom action. Viacom's appeal of that ruling to the Second Circuit is currently pending. The district denied the motion for class certification in the Premier League action, which was subsequently resolved.
SELECT LITIGATION AND COUNSELING CLIENTS:
  • Google
  • LG Electronics
  • Spotify
  • SoundCloud
  • Swarm
  • Aptible
  • Uplift
EDUCATION:
  • J.D., University of Michigan Law School
    Cum Laude
  • B.A., Foreign Affairs, University of Virginia
    With Distinction, Minor in Spanish
HONORS:
  • Recognized as one of the Daily Journal's "Top 20 Lawyers Under 40" in California for 2014
  • Named in the 2014 edition of Northern California Super Lawyers
  • Honored by Law360 as a "Rising Star" in privacy law in both 2012 and 2013
  • Selected for inclusion on Northern California Super Lawyers' list of "Rising Stars" in 2011
ADMISSIONS:
  • State Bar of California
  • Numerous Federal Trial and Appellate Courts

Contact Information

One Market Plaza
Spear Tower, Suite 3300
San Francisco, CA 94105
Phone | 650-849-3311
Fax | 415-947-2099

Email | Michael Rubinmrubin@wsgr.com

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