Rebecca S. Engrav
- Firmwide Co-Chair, Artificial Intelligence & Machine Learning
Rebecca helps companies that use data solve their highest-stakes privacy, data security, and artificial intelligence/machine learning (AI/ML) challenges before government regulators and in litigation.
Rebecca Engrav co-chairs Perkins Coie's Artificial Intelligence & Machine Learning industry group.
Rebecca has successfully handled dozens of Federal Trade Commission (FTC) investigations on topics such as data security safeguards, security incidents and data breaches, online advertising practices, accuracy and bias/discrimination risks arising from AI/ML, financial privacy, children's and teen's data, and geolocation information. The government was convinced to take no enforcement action in most of these matters, but Rebecca has also negotiated multiple FTC consent orders containing first-of-a-kind provisions that became models for subsequent orders.
Rebecca also has extensive experience defending inquiries by state attorneys general, congress, and other federal, state, local, and foreign government regulators. She has successfully defended complex multistate attorneys general investigations, including resolving a data breach through simultaneous stipulated judgments with all 51 state attorneys general. She also conducts incident response and data breach notifications. Rebecca has developed long-term relationships with the attorneys who handle privacy and data security in many state attorneys general offices, including California, Connecticut, Illinois, Indiana, Massachusetts, New York, Texas, and Washington, among others.
In litigation, Rebecca has defended lawsuits brought by state attorneys general and municipalities regarding data breach and data security issues, and she has represented companies as both plaintiff and defendant in B2B disputes arising out of data security incidents. She has represented technology companies in litigation, class actions, and arbitrations regarding terms of use, advertising policies, the arbitrability of claims, contractual issues, consumer protection, wiretapping/eavesdropping, user-generated content, content moderation, statutory and common law privacy claims, and defenses under the First Amendment and the Communications Decency Act (CDA). In a case affirmed by the U.S. Court of Appeals for the Seventh Circuit, a team led by Rebecca defeated misrepresentation and related consumer protection claims by showing that the output of an algorithm used to publish certain information on a website was a non-actionable opinion.
Rebecca's deep experience with regulatory and litigation outcomes enables her to provide effective counseling to help proactively manage risk and develop programs and products. She assists companies with governmental order compliance and with development and implementation of internal policies and governance for privacy, data security, AI/ML, and online advertising of restricted products and services.
Areas of focus
Education & Credentials
Education
- UC Berkeley School of Law, (formerly Boalt Hall), J.D., Managing Editor, California Law Review; Article Editor, Berkeley Women's Law Journal, 2000
- Carleton College, B.A., Music, magna cum laude, Phi Beta Kappa, 1993
Bar and Court Admissions
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Washington
- Supreme Court of the United States
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Eastern District of Washington
Related Employment
- U.S. Court of Appeals for the Ninth Circuit, Seattle, WA, Staff Attorney, 2002-2003
- Howard, Rice, Nemerovski, Canady, Falk & Rabkin, PC, San Francisco, CA, Summer Associate, 1999, 2000
- The Hon. Claudia Wilken, U.S. District Court for the Northern District of California, Externship, Summer 1998
Clerkships
- Hon. Sidney R. Thomas, U.S. Court of Appeals for the Ninth Circuit
- Hon. David Carter, U.S. District Court for the Central District of California
Professional Recognition
Listed in Best Lawyers in America: Litigation - Intellectual Property, 2018-2024
Listed in Lawdragon 500 Leading Global Cyber Lawyers, 2024
Listed in Washington Law & Politics, "Rising Stars of Washington Law," 2009
Co-Recipient of "Perkins Coie Pro Bono Leadership Award," 2007
Impact
Professional Leadership
- Kellogg School of Management Executive Leadership Program, Northwestern University, 2013
- King County Prosecuting Attorney's Office, Trial Fellow, 2009
Insights
News
Professional Experience
Federal Trade Commission (FTC) and State Attorneys General Investigations
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.
Litigation and Arbitration
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.
Pro Bono, Constitutional, and Political Law
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).