TONIA OUELLETTE KLAUSNER

Partner
 
Privacy & Data Security
Business Litigation & Counseling
Consumer Litigation
Copyright
Internet Strategy & Litigation
Trade Secrets & Employee Mobility

EXPERIENCE:

Tonia Ouellette Klausner is a partner in the litigation department of the firm's New York office. She is an experienced litigator and trial attorney in both federal and state courts. Concentrating on privacy law, Internet law, and consumer class actions, Tonia has significant experience in all stages of the commercial litigation process, from discovery through trial and appeal. She also regularly counsels companies regarding information privacy matters including issues pertaining to the collection, use, and sharing of online and mobile data, data breach incidents, privacy policies, administrative subpoenas and investigations, and industry self-regulatory requirements for online behavioral advertising. The International Association of Privacy Professionals has designated Tonia as a Certified Information Privacy Professional.

From 1993-1994, Tonia served as a law clerk to the Honorable Richard D. Cardamone, U.S. Court of Appeals for the Second Circuit. Prior to joining Wilson Sonsini Goodrich & Rosati, Tonia was a litigation associate with Arnold & Porter LLP.

REPRESENTATIVE CLIENTS:
  • Epsilon Data Management
  • Ferrero USA
  • Gartner
  • GoDaddy.com, Inc.
  • Google Inc.
  • GroupMe
  • Meltwater Group
  • Mood Media
REPRESENTATIVE MATTERS:
  • Defense of subscription-based news search engine in copyright infringement action brought by the Associated Press challenging application of fair use defense to automated crawling of news websites and delivery to users of snippets of text together with hyperlink to originating content.
  • Defense of website analytics company in a putative class action alleging the undisclosed use of "flash cookies" to track Internet-user activity.
  • Defense of mobile software manufacturer in putative class actions alleging undisclosed collection and use of geo-location data.
  • Defense of group texting service in a putative class action alleging administrative text messages to group members violated TCPA.
  • Defense of mobile content provider in breach of licensing agreement and copyright infringement action brought by music publisher arising out of distribution of cell phone ringtones.
  • Defense of Internet domain name registrar in consumer class action asserting claims under FACTA arising out of inclusion of credit card expiration information in receipts provided online.
  • Defense of numerous companies in TCPA class actions arising out of companies' marketing practices.
  • Defense of numerous interactive service providers in actions arising out of content provided by third parties.
  • Co-author of amicus brief on behalf of Fantasy Sports Trade Association in support of fantasy sports operator's successful motion for summary judgment and appeal of Major League Baseball Advanced Media's right of publicity claim arising out of use of MLB baseball players' names in connection with their statistics in Internet fantasy baseball games.
  • Defense of Internet search engine in First Amendment, fraud, and deceptive trade practices action arising out of search engine's refusal to carry plaintiff's advertisements and alleged removal of plaintiff's site from search results.
  • Defense of Internet traffic management software company in trademark infringement action arising out of alleged use of competitor's mark on website.
  • Defense of wireless security company in trade secret infringement action brought by competitor arising out of company's hiring of competitor's former employee.
SELECT WINS:
  • Petroliam Nasional Berhad v. Godaddy.com, Inc., No. 09-5939 (N.D. Cal. 2012) (granting summary judgment to domain name registrar defendant on direct and contributory cybersquatting claims based on customer's alleged use of domain registration and forwarding services in connection with plaintiff's trademarks; concluding in matter of first impression that domain name registration and forwarding are not "uses" covered by the Anticyberquating Consumer Protection Act and that a claim for contributory cybersquatting did not exist against a domain name registrar that merely provides registration and routing services).
  • Devine v. Epsilon, No. 4:11-CV-01823 (S.D. Tex. 2011) (obtained early dismissal of a putative class action arising from a data breach that was limited to the disclosure of email addresses and names)
  • Greenky v. Google Inc., Index. No. 101174/2010 (N.Y. Sup. Ct. Jul. 6, 2010) (granting motion to dismiss an action arising out of Google's linking to a website that allegedly contained defamatory content; court adopted firm's argument that claims for injunctive relief arising out of content provided by a third party on a website are barred by Section 230(c) of the Communications Decency Act)
  • Crabb v. The GoDaddy Group, Inc., Case No. 07-CV-4040 (W.D. Ark. Mar. 29, 2010) (granting Go Daddy's motion to transfer a purported class action arising out of Go Daddy's parked page program to the District of Arizona, where Go Daddy is located)
  • Fastware LLC v. Gold Type Business Machines Inc., Case No. 07-CV-4040 (denying preliminary injunction seeking to bar GTBM from selling or distributing software providing mobile access to criminal databases, based on claims for copyright infringement and violation of the Digital Copyright Millennium Act)
  • Boring v. Google, Inc., 362 Fed. Appx. 273 (3d Cir. 2010) (affirming dismissal of invasion of privacy, unjust enrichment, and other claims arising out of Google Street View feature of Google Maps)
  • Bonime v. Avaya, Inc., 547 F.3d 497 (2d Cir. 2008) (affirming grant of motion to dismiss Telephone Consumer Protection Act class action based on statutory construction of TCPA requiring application of state law restriction on class actions to TCPA claim brought in federal court under diversity jurisdiction)
  • Narson v. Godaddy.com, Inc., No. CV-08-0177-PHX-SRB, 2008 WL 2790211 (D. Ariz. May 5, 2008) (granting motion to dismiss Fair and Accurate Credit Transactions Act class action based on statutory construction of FACTA precluding application of FACTA credit card truncation requirements to online receipts)
  • Rumble v. Waterhouse, No. 5:05-CV-133 (WDO), 2007 WL 2506698 (M.D. Ga. Aug. 30, 2007) (granting motion to dismiss civil RICO class action arising out of alleged unauthorized sale of insurance in Georgia)
  • Langdon v. Google, Inc., 474 F. Supp.2d 622 (D. Del. 2007) (granting motion to dismiss fraud, deceptive practices, and constitutional claims arising out of Google's refusal to carry plaintiff's advertisement and its alleged removal of plaintiff's site from Google's search results)
EDUCATION:
  • J.D., Georgetown University Law Center, 1993
    Magna Cum Laude; Order of the Coif; Senior Articles Editor, The Georgetown Law Journal; Received the International Academy of Trial Lawyers' Student Advocacy Award and the American Jurisprudence Award in Comparative Law
  • B.A., Political Science, University of Vermont, 1990
    Magna Cum Laude, Phi Beta Kappa
ASSOCIATIONS AND MEMBERSHIPS:
  • Member, International Association of Privacy Professionals
HONORS:
  • Named in the 2013 edition of New York Super Lawyers
SELECT PUBLICATIONS:
SELECT SPEAKING ENGAGEMENTS:
  • Speaker, "Privacy Academy," 2013 Practical Privacy Series, IAPP Conference, New York, October 2, 2013
  • Panelist, "Cyber and Social Media Risks—What Board Members Should Know," Summit Director & Officer Training Conference, Park City, Utah, December 2011
  • "Privacy & Data Governance: Navigating the Legal Maze," Corporate Board Member Annual Boardroom Summit, New York, October 7, 2011
  • "Litigation Risks Associated with Sharing Internet User Data with Third Parties and How to Reduce the Risk of Becoming a Class Action Defendant," IAPP Global Privacy Summit, Washington, D.C., March 10, 2011
  • "The FTC's Consumer Privacy Report and What It Means for Companies Now," WSGR Webinar, December 10, 2010
ADMISSIONS:
  • State Bar of New Jersey
  • State Bar of New York
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the District of New Mexico
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Contact Information

1301 Avenue of the Americas
40th Floor
New York, NY 10019
Phone | 212-497-7706
Fax | 212-999-5899

Email | Tonia Klausnertklausner@wsgr.com

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