MICHAEL H. RUBIN
Internet & Copyright Litigation
Privacy & Data Security
Michael Rubin is a partner at Wilson Sonsini Goodrich & Rosati, where his practice focuses on Internet and copyright litigation and privacy and data security. Michael represents technology companies of all sizes in federal and state litigation, and domestic and international regulatory investigations and inquiries. He also counsels technology clients on how best to navigate the increasingly complex challenges that their business models present.
Michael's active litigation matters include representing:
- 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. The 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 currently is pending.
- 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 and various other federal and state laws. The matter is currently on appeal to the Ninth Circuit.
- 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. The plaintiffs assert claims arising under the Computer Fraud and Abuse Act, as well as other federal and state laws. Google's motion to dismiss was granted in March 2013, with leave to amend. An amended complaint has yet to be filed.
- Google in In re: Nickelodeon Consumer Privacy Litigation. This proposed 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. The plaintiffs' claims against Google arise under the Federal Wiretap Act and state law.
- 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. Both cases are back before the district court, where YouTube's renewed summary judgment motion has been briefed in the Viacom action and class certification briefing is underway in the Premier League action.
- J.D., University of Michigan Law School
- B.A., Foreign Affairs, University of Virginia
With Distinction, Minor in Spanish
- 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
- State Bar of California
- Numerous Federal Trial and Appellate Courts