TONIA OUELLETTE KLAUSNER

Partner
Litigation

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 who regularly defends companies in matters involving privacy, marketing, and internet-related issues. Tonia has significant experience defending consumer class actions, including dozens of Telephone Consumer Protection Act cases. Tonia also regularly counsels companies regarding marketing, internet, and privacy matters, including issues pertaining to the collection, use, and sharing of online and mobile data, communications privacy and marketing laws, online lead generation, data breach incidents, and government subpoenas and investigations. The International Association of Privacy Professionals has designated Tonia as a Certified Information Privacy Professional.

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, where she defended companies in commercial and class action lawsuits.

REPRESENTATIVE CLIENTS:
  • Amazon
  • Blackboard
  • eHealth
  • Google Inc.
  • Mylan
  • Netflix
  • Place IQ
  • Salesforce.com
  • Twitter
REPRESENTATIVE MATTERS:
  • Defense of text messaging platforms and mobile apps in putative class actions asserting violations of the Telephone Consumer Protection Act.
  • Defense of subscription-based news search engine in copyright infringement action 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 food manufacturer in false advertising class action arising out of "part of a balanced breakfast" advertising campaign.
  • 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 internet media company in trademark infringement action brought by Ozzy Osbourne's company arising out of trademark used for outdoor festival.
  • Defense of numerous companies in TCPA class actions arising out of companies' text messaging, calling, and faxing practices.
  • 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.
SELECT WINS:
  • ACA International v. FCC, 885 F.3d 687 (D.C. Cir.) (represented salesforce.com in successful appeal from 2015 FCC Omnibus TCPA Declaratory Ruling)
  • Boring v. Google, Inc., 362 Fed. Appx. 273 (3d Cir.) (affirming dismissal of invasion of privacy claim arising out of Google Street View feature of Google Maps)
  • Bonime v. Avaya, Inc., 547 F.3d 497 (2d Cir.) (affirming dismissal of Telephone Consumer Protection Act class action based on novel statutory construction argument regarding application of state law limitation of class actions to TCPA claims filed in federal court)
  • Narson v. Godaddy.com, Inc., No. CV-08-0177-PHX-SRB, 2008 WL 2790211 (D. Ariz.) (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)
  • Petroliam Nasional Berhad v. Godaddy.com, Inc., No. 09-5939 (N.D. Cal.) (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). Decision affirmed by Ninth Circuit.
  • Devine v. Epsilon, No. 4:11-CV-01823 (S.D. Tex.) (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.) (granting motion to dismiss an action arising out of Google's linking to a website that allegedly contained defamatory content; court adopted Google'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)
  • Fastware LLC v. Gold Type Business Machines Inc., Case No. 07-CV-4040 (D.N.J.) (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)
  • Rumble v. Waterhouse, No. 5:05-CV-133 (WDO), 2007 WL 2506698 (M.D. Ga.) (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.) (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
    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
    Magna Cum Laude, Phi Beta Kappa
ASSOCIATIONS AND MEMBERSHIPS:
  • Member, International Association of Privacy Professionals
HONORS:
  • Named in the 2013-2018 editions of New York Super Lawyers
SELECT PUBLICATIONS:
SELECT SPEAKING ENGAGEMENTS:
  • Panelist, "Privacy and Data Security," WSGR FinTech Conference: Current Issues Facing Fintech Companies and Investors, Menlo Park, California, February 9, 2017
  • Speaker, "Latest TCPA Cases That Are Making Waves in the Courts," Clearwater Compliance Summit, Clearwater Beach, Florida, December 6, 2016
  • Panelist, "What Lawyers Need to Know About Big Data Business Models and Predictive Analytics to Help Their Company's Data Business," 13th Annual Stanford E-Commerce Best Practices Conference, Palo Alto, June 6, 2016
  • Presenter, "FCC Issues Comprehensive TCPA Ruling—What Any Business That Communicates by Call or Text with Consumers Needs to Know," WSGR Webcast, July 17, 2015
  • 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

Email | Tonia Klausnertklausner@wsgr.com


Areas of Expertise

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