Rebecca S. Engrav

Technology Company

Represented leading technology company in investigations by the FTC, Congress, state attorneys general, local governmental bodies, and foreign data protection authorities regarding a data security incident and defended the company in litigation filed by state and local government authorities. Negotiated resolution or closure of all matters, including a settlement with 51 state attorneys general.

Social Media and User Content Service

Represented social media and user content service in investigations by Congress and the New York attorney general’s office regarding content moderation practices and advertising practices related to harmful content, including the use of AI/ML for moderation.

Educational Technology Provider

Represented educational technology provider in FTC investigation regarding the use of AI and biometric technology, data security and data retention practices, and Children’s Online Privacy Protection Act (COPPA) compliance. Obtained closure of the investigation without enforcement action.

Device Manufacturer

Represented one of the world’s largest device manufacturers in an investigation by the FTC and a coalition of 32 state attorneys general regarding privacy and data security issues in software installed on consumer devices. Negotiated settlements resolving all claims of both the FTC and the state attorneys general.

Mobile Application

Represented app developer in FTC investigation into the collection, use, and disclosure of geolocation information, including the de-identification of such information, and application programming interface (API)-sharing practices. Obtained closure of the investigation without enforcement action.

Connected Children’s Device

Represented interactive technology provider in FTC investigation regarding COPPA and data security issues for a connected device that leveraged AI/ML and was marketed to children. Persuaded the agency not to require any response to its civil investigative demand (CID) following presentations to the agency and obtained closure of the investigation without enforcement action.

Social Media Application

Represented social media start-up in investigations by the FTC, Congress, and state attorneys general prompted by a high-profile incident regarding the alleged exposure of anonymized information and geolocation information. Following a presentation to the FTC, obtained closure of the FTC investigation without the issuance of a civil investigative demand (CID).

Technology Company

Represented leading technology company following a high-profile privacy issue in FTC investigation regarding whether user information had been shared with third parties or made public outside the scope of the original notice and consent. Resolved the FTC’s allegations through a groundbreaking consent order that was the first to require a comprehensive privacy program and also the first FTC settlement of allegations of substantive violations of a cross-border transfer arrangement.

Cloud Computing Provider

Represented cloud computing provider in FTC investigation regarding alleged breach of user data privacy and security. Obtained closure of the investigation without enforcement action.

Mobile Advertising Network

Represented mobile advertising network in defense of FTC investigation under Section 5 of the FTC Act and COPPA. Obtained closure of the investigation without enforcement action.

Online Advertising Platform

Represented online advertising platform in defense of FTC investigation under Section 5 of the FTC Act regarding screening practices for online advertisements. Obtained closure of the investigation without enforcement action.

Retailers and Online Consumer Services

Represented numerous companies in responding to inquiries from the California attorney general’s office, including under the California Consumer Privacy Act (CCPA), on topics including data security, rights requests, cookie management, and opt-outs.

Retailers, Social Media Networks, Advertising Networks, and Other Online Consumer Services

Represented numerous companies in responding to inquiries from the New York attorney general’s office on topics including data security, email marketing, cookie management, privacy, and advertising practices.

Certain Underwriters at Lloyds, London v. Consumer-Facing Interactive Website

Court of Appeal of the State of California
San Francisco City & County Superior Court
Obtained defense verdict on summary judgment that website did not owe contractual indemnification for payment by its service provider’s insurer of settlement of California Invasion of Privacy Act (CIPA) class action against the service provider. Affirmed on appeal, including as to award of attorneys’ fees to website.

Consumer-Facing Online Platform

Obtained defense verdict in consumer arbitration after a hearing involving multiple expert and lay witnesses. Claims alleged consumer protection violations regarding the online platform’s representations to users and statutory and tort claims regarding its use of data for advertising.

Patel v. Zillow

U.S. District Court for the Northern District of Illinois
U.S. Court of Appeals for the Seventh Circuit
Obtained dismissal of purported class action alleging that Zillow’s Zestimate® was an unlawful unlicensed appraisal under Illinois law and that its description and use of the Zestimate® violated consumer protection laws and was an intrusion upon seclusion. The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s ruling dismissing the case with prejudice on all counts.

Rudgayzer v. Google Inc.

U.S. District Court for the Eastern District of New York
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Northern District of California
U.S. Court of Appeals for the Ninth Circuit
Represented Google in defense of purported class action challenging settlement of In re Google Buzz Privacy Litigation, and alleging violations of the Stored Communications Act (SCA) in connection with the launch of Google Buzz social networking application. Obtained dismissal of all claims.

In re Google Buzz Privacy Litigation

U.S. District Court for the Northern District of California
Represented Google in defense of consolidated nationwide class actions challenging Google Buzz social networking application for alleged violations of Gmail user privacy. Settlement approved by the court.

Leo India Films Ltd. v. The Rubicon Project, Inc.

Superior Court of California, Los Angeles County
Successfully opposed ex parte application for temporary restraining order, leading to settlement of entire case, in business dispute between publisher and ad tech platform.

ICF Technology, Inc. v. Google Inc.

U.S. District Court for the Western District of Washington
Successfully represented Google in defense of complaint seeking to force Google to change its Search results. The complaint alleged tortious interference, defamation, and violation of the Washington Consumer Protection Act. Obtained denial of motion for temporary restraining order, after which the plaintiff voluntarily dismissed the case.

Google Inc. v. Jackman, et al.

U.S. District Court for the Northern District of California, San Jose Division
Represented Google in litigation against online pharmaceutical sellers for using AdWords advertising network for unauthorized purposes.

Kleffman v. Vonage Holdings Corporation, et al.

U.S. Court of Appeals for the Ninth Circuit
Obtained dismissal of a purported anti-spam class action that attacked, alleging various legal theories, commercial email advertisements for Vonage services sent from multiple domain names. 2007 WL 1518650 (C.D. Cal. May 22, 2007). Affirmed by the Ninth Circuit, 2010 WL 2782847 (9th Cir. July 13, 2010), after the California Supreme Court answered the court’s certified question and held that multiple domain names do not constitute misrepresented email header information under California Business & Professions Code § 17529.5 and noted that a contrary conclusion would result in preemption of the claim under the federal CAN-SPAM Act, 15 U.S.C. §§ 7701-7713. 49 Cal. 4th 334 (2010).

Gordon v. Publishers Clearing House, Inc.

U.S. District Court for the Western District of Washington
Represented Publishers Clearing House in defense of CAN-SPAM and Washington Commercial Electronic Mail Act (CEMA) claims. Resolved by settlement.

Zillow, Inc. v. Kolsky

U.S. District Court for the Western District of Washington
Represented Zillow in litigation regarding terms of use and liability for content posted online.

June Medical Services LLC v. Russo

U.S. Supreme Court
Partnered with a legal services nonprofit to file amicus brief in United States Supreme Court case regarding the risks of laws that criminalize self-managed abortion. 591 U.S. 1101 (2020).

Wilson v. Seattle Housing Authority

U.S. District Court for the Western District of Washington
Partnered with Columbia Legal Services in a pro bono case alleging constitutional violations in hearings at which Section 8 housing voucher holders had lost their vouchers. Obtained class action settlement approved by the court that required the Seattle Housing Authority to alter its practices and provide new hearings to class members.

Hamdan v. Rumsfeld, et al.

U.S. Court of Appeals for the District of Columbia Circuit
U.S. Supreme Court
In pro bono habeas corpus litigation, obtained United States Supreme Court ruling striking down military commissions established to try detainees held at Guantanamo Bay, Cuba. 344 F. Supp. 2d 152 (D.D.C. 2004), rev’d, 415 F. 3d 33 (D.C. Cir. 2005), rev’d, 548 U.S. 557 (2006). After Congress passed Military Commissions Act of 2006, defended prisoner tried July 21 to August 7, 2008 before military commission in Guantanamo Bay Naval Station, Cuba, resulting in acquittal on charge of conspiracy and conviction on lesser charge of material support. Obtained vacation of conviction by D.C. Circuit, which held that the material support charge was Ex Post Facto. 696 F.3d 1238 (D.C. Cir. 2012).

King v. King

State Supreme Court of Washington
Pro bono representation on appeal. In “civil Gideon” case, argued—ultimately unsuccessfully—that the trial court should have appointed counsel to defend our client (an indigent woman who could not afford counsel) in a child custody proceeding in which she faced the loss of her fundamental parenting rights and her opponent (her then-husband) was represented by counsel. 174 P.3d 659 (Wash. 2007).

Haggen, Inc. v. Lyndon LaRouche Political Action Committee

Superior Court of Washington, Snohomish County
Obtained stipulated permanent injunction preventing organization from engaging in political speech and advocacy on private property.

Sanders v. City of Seattle, LLC, et al.

State Supreme Court of Washington
Successfully defended shopping center owner on appeal of free speech dispute involving government-owned easement through a shopping center. 156 P.3d 874 (Wash. 2007).

Borders, et al. v. King County, et al. and Washington State Democratic Central Committee

Superior Court of Washington, Chelan County
Defended against challenge by the Republican Party to the election of Washington State Governor Christine Gregoire, the closest gubernatorial election in United States history. After two-week trial, the court upheld the election results. No. 05-2-00027-3.

Washington State Republican Party v. King County Division of Records, Elections and Licensing Services, et al.

State Supreme Court of Washington
Obtained ruling that county vote canvassing board was entitled to recanvass ballots that determined the outcome of state gubernatorial election. 103 P.3d 725 (Wash. 2004).