Hayley L. Berlin
- Seattle
- Washington, D.C.
Hayley litigates and counsels on privacy and security matters, representing communications service providers, including social media companies and mobile carriers.
Hayley Berlin litigates such issues as compliance with and alleged violations of the Electronic Communications Privacy Act and conflicts involving the First Amendment and national security.
Hayley focuses on electronic privacy law, including the federal Stored Communications Act, the Wiretap Act, the Computer Fraud and Abuse Act, and the Foreign Intelligence Surveillance Act. She handles all aspects of civil litigation in federal and state court, including discovery, dispositive motion practice, dispute resolution and mediation, and trials.
Hayley also counsels clients in a variety of industries on their privacy and data security policies and practices. She has conducted enterprise-wide privacy reviews, responded to data breaches, developed data breach incident response plans, and provided counsel on related regulatory concerns.
Areas of focus
Education & Credentials
Education
- University of Michigan Law School, J.D., cum laude, Notes Editor, Michigan Journal of International Law, 2010
- University of Michigan, B.A., English Literature, with high honors and distinction, 2005
Bar and Court Admissions
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District of Columbia
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Michigan
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Washington
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the District of Columbia
- U.S. District Court for the Western District of Washington
- U.S. Court of Appeals for the Ninth Circuit
Clerkships
- Hon. David Lawson, U.S. District Court for the Eastern District of Michigan
- Hon. John Feikens, U.S. District Court for the Eastern District of Michigan
Insights
Professional Experience
Experience
Electronic Surveillance and User Data Disclosure Counseling
Assist communications service providers in developing procedures to comply with lawfully authorized electronic surveillance orders and user data disclosure requests, both domestically and internationally, primarily in accordance with the Electronic Communications Privacy Act (ECPA).
Internet Enforcement—Facebook
Support complete enforcement program for Facebook to enforce their terms; combat fraud; prosecute spammers, hackers and phishers; and to investigate and refer illegal behavior to law enforcement.
Privacy Assessments
Conducted thorough assessments of the privacy and data security practices of various clients that collect and process personal data. The assessments consisted of extensive interviews with client personnel, reviews of contracts with third parties, and production of a report with recommended improvements.
Information Governance
Provide counsel related to the structure and content of information governance policies and procedures. Develop and implement comprehensive information management frameworks, including drafting information governance policies, related privacy and security programs, and implementation procedures. Also have experience tailoring these frameworks to applicable standards (NIST, ISO, etc.).
In the Matter of The Search of Information Associated With [Redacted]@Gmail.Com That is Stored at Premises Controlled by Google, Inc., No. 17-Mj-757 (GMH)
U.S. District Court for the District of Columbia
Represent Google in ongoing litigation regarding whether a search warrant issued pursuant to the Stored Communications Act, 18 U.S.C. §§ 2701-2710, can be used to compel a communications service provider to seize customer communications stored outside the United States and disclose them to the government.
Facebook Inc. v. Martin Grunin
U.S. District Court for the Northern District of California
Helped successfully prosecute and obtain a $415,000 judgment against an individual who had abused Facebook’s advertising services and breached Facebook's Terms of Use.
Sarkar v. Doe
Court of Appeals of Michigan
Represented Google and Twitter as amici curiae arguing that the First Amendment requires a litigant that seeks to unmask an anonymous online speaker for purposes of filing a defamation claim to first make an evidentiary showing in support of the claim. The Michigan Court of Appeals agreed that the First Amendment barred disclosure of the anonymous speaker’s identity.