Amelia M. Gerlicher

Internet Enforcement—Facebook

Ongoing management of a complete enforcement program for Facebook Inc. to enforce its Terms of Use; prosecute spammers, hackers and phishers; and to investigate and refer illegal behavior to law enforcement.

Security Breach Response

Provide counsel to numerous clients on the legal requirements following a data breach incidents, including the need for and content of consumer and regulator notifications, investigation and public relations. Advise on creation and modification of incident response plans. Supervise the maintenance of the security breach notification laws chart, which surveys the state laws that require notification in the event of security breaches involving the loss of personal data.

Privacy Counseling

Provide counsel to clients on a variety of issues surrounding the collection and use of personal data, including compliance with the Fair Credit Reporting Act (FCRA), Red Flag Rules, the Children’s Online Privacy Protection Act (COPPA), CAN-SPAM, Family Educational Rights and Privacy Act (FERPA), Federal Trade Commission guidance and statute statutory and common law requirements. Draft privacy policies conforming to companies’ data practices and applicable legal requirements.

Johnson v. Arizona Office Technologies, et al.

Represents AOT and its employees in a dispute over e-mail privacy under the Electronic Communications Act, the Stored Communications Act, and state privacy law.

Move, Inc. v. Zillow, Inc.

Superior Court of Washington, King County
Represented the defendant Zillow in an employment-related unfair competition / trade secret case against its largest competitor in which the plaintiffs sought approximately $2 billion in damages. After the Court dismissed more than $1 billion of plaintiffs’ claimed damages, found in favor of Zillow on allegations of spoliation, and granted several of the client’s motions for partial summary judgment including dismissal of most of plaintiffs’ tort-based claims, case settled on what was scheduled to be the first day of trial.

Hoffman v. Pet360, Inc.

Superior Court of New Jersey, Bergen County
Obtained dismissal with prejudice of consumer protection and privacy class action complaint. No. BER-L-19308-14 (N.J. Super. 2014).

Shareholder Derivative Actions

Superior Court of Arizona, Maricopa County
Counsel for publicly traded company in derivative action alleging misrepresentations in financial statements relating to alleged improper backdating of stock options. Judgment of dismissal.

Marlyn Nutraceuticals Inc. v. Mucos Pharma GmbH & Company

U.S. District Court for the District of Arizona
Represented Marlyn Nutraceuticals in complex dispute involving issues of trademark infringement and breach of contract, and successfully settled case during pendency of summary judgment motions.

Parsons v. Ryan

U.S. District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit
Counsel for 33,000 prisoners in a class action claiming that the Arizona Department of Corrections provides constitutionally inadequate medical, mental health and dental care and unconstitutional conditions of confinement.

City of El Mirage v. City of Glendale

Appellate counsel for El Mirage. The case concerned Glendale's alleged failure to comply with Arizona's Open Meeting Law in adopting a zoning ordinance. The Court of Appeals held that the challenge was untimely. No. 1 CA-CV 07-0209 (2008)

Fulkerson v. Prescott Valley, et al.

Superior Court of Arizona, Yavapai County
Counsel for the Town of Prescott Valley in a constitutional challenge to its financing and accounting practices involving revenue bonds. Plaintiffs challenged over 10 years of funding, jeopardizing significant Town projects. The court granted the Town's motions to dismiss, finding that the Town's practices complied with the Arizona constitutional provisions regarding town debt, bond elections, and public gifts. (2007 - 2008)

Monolithic Power Systems, Inc. v. O2 Micro Int'l Ltd.

U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Federal Circuit
Successfully defended lawsuit alleging that Monolithic infringed a patent on power management techniques for cold-cathode fluorescent lamps used in laptop computers and other devices. The Federal Circuit affirmed the jury's verdict that all the asserted claims were obvious and held that the trial court properly appointed an independent expert to testify regarding infringement and validity. The victory also resulted in vacatur of the judgment for O2 Micro in a separate case where the jury had found a Monolithic customer liable for infringing the same patent. 558 F.3d 1341 (Fed. Cir. 2009)

Solando v. Holder

Pro bono representation before the immigration court, The Board of Immigration Appeals, and the Ninth Circuit on behalf of a homosexual immigrant in poor health claiming relief under the convention against torture.