TONIA OUELLETTE KLAUSNER
Privacy & Data Protection
Business Litigation & Counseling
Internet Strategy & Litigation
Trade Secrets & Employee Mobility
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
- GoDaddy.com, Inc.
- Google Inc.
- Meltwater Group
- Mood Media
- 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.
- 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)
- 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
- Member, International Association of Privacy Professionals
- Named in the 2013, 2014, and 2015 editions of New York Super Lawyers
- Co-author, "FCC Signals Enforcement of TCPA 'Prior Express Written Consent' Rules," WSGR Alert, June 16, 2015
- Co-author, "FCC Chairman Circulates Proposed Rulings on 'Autodialer,' 'Recycled Numbers,' and Other TCPA Issues," WSGR Alert, May 28, 2015
- Co-author, "New State Laws Enacted to Address Marketing Calls and Texts to Cellular Numbers," WSGR Alert, February 10, 2015
- "Appellate Courts to Address What Constitutes an "Automatic Telephone Dialing System" Under the TCPA," Eye on Privacy, October 2014
- Co-author with D. Strandness, "Court Rejects Broad Definition of 'Autodialer' Under TCPA," Law360, August 4, 2014
- Co-author, "Websites and Apps Have More COPPA Options," WSGR Alert, July 23, 2014
- "Important Changes to the FCC's Telephone Consumer Protection Act Rules Take Effect on October 16, 2013," WSGR Alert, October 15, 2013
- "FTC Announces First Settlement Involving Privacy and the 'Internet of Things,'" WSGR Alert, September 9, 2013
- Co-author with E. Schlesinger, "Delta Wins Dismissal of California AG Mobile App Privacy Action," Eye on Privacy, September 2013
- "Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment," WSGR Alert, July 25, 2013
- "FTC Confirms Expanded Kids Privacy Rule Effective Date Is July 1, 2013: Online Advertisers and Services Displaying Ads Among Potentially Affected Enterprises," WSGR Alert, May 19, 2013
- Co-author with G. Stegmaier, W.Bartnick, and R. Landy, "Clapper v. Amnesty International USA: The U.S. Supreme Court Strengthens Defendants' Shield Against Privacy Class Actions," Eye on Privacy, May 2013
- "Online Interest-Based Advertising Icon to Be Used on Facebook to Give Greater Transparency and Choice Regarding Targeted Ads," WSGR Alert, February 11, 2013
- "Social Networking Mobile App Developer Agrees to Pay $800,000 and Implement Comprehensive Privacy Program to Settle Claims for COPPA Violations and Deceptive Privacy Practices," WSGR Alert, February 5, 2013
- Co-author with J. Mollick, "FCC Declares Opt-Out Confirmation Text Messages Allowable under the TCPA, Makes No Sweeping Changes to Its Interpretation of the Statute," Eye on Privacy, January 2013
- Co-author with J. Mollick, "Company That Purchased and Sold Sensitive Consumer Data Agrees to $1.2 Million Settlement with FTC," Eye on Privacy, November 2012
- Co-author with S. Lee, "Court Rejects Privacy Claims Arising from LinkedIn's Alleged Sharing of Unique Identifiers and Browsing History with Advertisers and Other Third Parties," Eye on Privacy, September 2012
- Co-author with M. Staples, "FTC Proposes Additional Revisions to Children's Online Privacy Protection Rule," Eye on Privacy, September 2012
- "FTC Proposes Additional Revisions to Children's Online Privacy Protection Rule," WSGR Alert, August 10, 2012
- "Supreme Court Favors First Amendment Right to Use Data Obtained During Commercial Transactions for Targeted Marketing over Privacy Concerns," Eye on Privacy, May 2012
- "FTC Releases Final Privacy Report, Sets Forth Best Practices, and Calls for Federal Privacy, Data Security, and Breach Notification Legislation," WSGR Alert, March 29, 2012
- "Recent Facebook Settlement Spotlights FTC Interest in Representations to Consumers Regarding Online Privacy," WSGR Alert, December 6, 2011
- "FTC Proposes Significant Revisions to Children's Online Privacy Protection Rule," WSGR Alert, September 20, 2011
- "Federal Court Approves the Application of the CAN-SPAM Act to Messages Sent within Social Networking Platforms," WSGR Alert, April 19, 2011
- "Federal Trade Commission Announces Settlement in Online Behavioral Advertising Case," WSGR Alert, March 16, 2011
- "California Supreme Court Holds that Businesses May Not Request and Record Consumers' ZIP Codes for Credit Card Transactions," WSGR Alert, February 16, 2011
- Co-author, "Ninth Circuit Holds that Increased Risk of Identity Theft Is Sufficient for Article III Standing: Privacy Class Actions Likely Tougher to Dismiss," WSGR Alert, January 24, 2011
- Co-author, "FTC Releases Latest Privacy Report, Proposes New 'Do Not Track' Mechanism," WSGR Alert, December 13, 2010
- Co-author, "U.S. Supreme Court Upholds Employer's Inspection of Employee's Text Messages—City of Ontario v. Quon," WSGR Alert, June 21, 2010
- Co-author, "Supreme Court Decision May Open Door to More Class Litigation over Fax Marketing in Federal Courts," WSGR Alert, April 26, 2010
- Co-author, "FTC Issues New Guidelines for Online Behavioral Advertising," WSGR Alert, February 17, 2009
- Co-author, "Recent Computer Fraud Case Shows Continued Importance of Protecting Information Assets and Risks of Litigation," WSGR Alert, February 5, 2009
- Co-author, "Children's Privacy Violations Lead to $1 Million Penalty," WSGR Alert, December 17, 2008
- 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
- 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