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Data Privacy + Cybersecurity Litigation

As our world increasingly depends on information technology in the digital sphere, businesses everywhere are encountering data protection and cybersecurity incidents at an astonishing rate.

To help you stay ahead of this increasing business risk, our Data Privacy + Cybersecurity practice group provides support in mapping high risk data, implementing safeguards, and complying with rapidly changing data privacy and security laws. We also help you develop and implement incident response plans, data breach notification, and training programs for employees on protecting company information.

Our clients trust our advice when it comes to investing time and resources into anticipating and preventing security incidents and privacy issues. We represent companies in privacy and security litigation matters involving unauthorized access, use or disclosure of personally identifiable, health, or financial information, and in litigation around allegations of violations of security measures to protect the data.

Our Services

Our clients include businesses in all industries facing enforcement actions or litigation related to the collection, use or disclosure of data.

Our lawyers are skilled in helping clients avoid and mitigate cyber intrusions, including malware, ransomware, phishing attacks, insider threats, tracking technology and social media risk. We advocate for our clients when litigation is necessary due to alleged privacy violations, data breach class actions, and government investigations. We work with you to resolve matters through negotiation, mediation, arbitration, the court system or before federal or state regulatory agencies.

Our lawyers are adept in interpreting the nuances of federal and state data privacy and security rules and regulations and have deep knowledge and experience in representing clients in disputes and litigation involving data privacy and security.

Our Team

Our Data Privacy + Cybersecurity practice group chair is a former Assistant Attorney General who served as Deputy Chief of the Rhode Island Attorney General’s office. Linn works with multiple state attorneys general on compliance and enforcement actions involving data breaches and data security. She is a former adjunct professor at Brown University teaching Privacy Law.  She has been an adjunct professor at Roger Williams Law School teaching Privacy Law for the past ten years. Linn has been ranked in Chambers USA – America's Leading Lawyers for Business in the area of Privacy Law since 2012 and ranked globally by Chambers since 2022.

Because data privacy and cybersecurity issues cut across all business enterprises, our team collaborates with lawyers from the firm’s diverse practice areas to match the right resources to each client’s unique situation. We have extensive experience with data privacy and security class action litigation, litigation surrounding the use of tracking technology and pixels, investigations by consumer protection divisions of state Attorneys General offices, and the Department of Health and Human Services Office for Civil Rights related to HIPAA enforcement actions.

Our lawyers are featured in speaking engagements, media interviews and have received Readers' Choice awards from JD Supra and the National Law Review. Team members regularly contribute to the Data Privacy + Security Insider blog: www.dataprivacyandsecurityinsider.com

Whatever your business goals are, our Data Privacy + Cybersecurity practice group is equipped to help you anticipate and limit risk. When litigation or enforcement actions arise, we provide unwavering support to advocate for you in negotiations, mediation, arbitration, the court system or before regulatory agencies.

Experience


Data Breach Class Action Law Suit

Representation of a large hospital system in a data breach class action lawsuit, which was dismissed on summary judgment.

Alleged HIPAA Violations

Successfully defended numerous health care entities in investigations of alleged HIPAA violations by the Office for Civil Rights, resulting in dismissal or are still pending.

Wrongful Disclosure of Information

Defended a health care entity in the alleged wrongful disclosure of information to an employer, which was dismissed.



Publications


Data Privacy + Cybersecurity Insider teaser
September 18, 2025

Data Privacy + Cybersecurity Insider

Data Privacy + Cybersecurity Insider teaser
October 24, 2024

Data Privacy + Cybersecurity Insider

April 1, 2024

Pixel Litigation: How Security Professionals Can Assist with Risk Mitigation

Security Technology, a publication of ASIS International

In the article, Linn explains the new and growing issue of pixel litigation, which typically alleges that organizations collect, use and disclose personal information of consumers, who browse their website without providing their consent. Linn suggests there are several things legal, compliance and security professionals can consider doing now in their effort to assess and mitigate the risk of potential future pixel litigation. Among them, if an organization’s website uses ad tracking, pixels or cookies, they can review the website’s privacy policy to determine whether it should be made more transparent about the use of tracking technology, what the technology is capturing, and to whom that data is disclosed. Read the article.

Data Privacy + Cybersecurity Insider teaser
September 18, 2025

Data Privacy + Cybersecurity Insider

Data Privacy + Cybersecurity Insider teaser
October 24, 2024

Data Privacy + Cybersecurity Insider

April 1, 2024

Pixel Litigation: How Security Professionals Can Assist with Risk Mitigation

Security Technology, a publication of ASIS International

In the article, Linn explains the new and growing issue of pixel litigation, which typically alleges that organizations collect, use and disclose personal information of consumers, who browse their website without providing their consent. Linn suggests there are several things legal, compliance and security professionals can consider doing now in their effort to assess and mitigate the risk of potential future pixel litigation. Among them, if an organization’s website uses ad tracking, pixels or cookies, they can review the website’s privacy policy to determine whether it should be made more transparent about the use of tracking technology, what the technology is capturing, and to whom that data is disclosed. Read the article.

Data Privacy + Cybersecurity Insider teaser
October 5, 2023

Data Privacy + Cybersecurity Insider

Legal Update: Supreme Court Narrows Reach of Computer Crime Statute teaser
June 16, 2021

Legal Update: Supreme Court Narrows Reach of Computer Crime Statute



Data Privacy + Cybersecurity Insider teaser
October 5, 2023

Data Privacy + Cybersecurity Insider

Legal Update: Supreme Court Narrows Reach of Computer Crime Statute teaser
June 16, 2021

Legal Update: Supreme Court Narrows Reach of Computer Crime Statute

News


April 2, 2024

Linn Freedman Explains Pixel Litigation and Offers Risk Mitigation Strategies in Security Technology

Data Privacy + Cybersecurity Team chair Linn F. Freedman authored the article, “Pixel Litigation: How Security Professionals Can Assist with Risk Mitigation,” published in the April 2024 issue of Security Technology, a publication of ASIS International. In the article, Linn explains the new and growing issue of pixel litigation, which typically alleges that organizations collect, use and disclose personal information of consumers, who browse their website without providing their consent. Linn suggests there are several things legal, compliance and security professionals can consider doing now in their effort to assess and mitigate the risk of potential future pixel litigation. Among them, if an organization’s website uses ad tracking, pixels or cookies, they can review the website’s privacy policy to determine whether it should be made more transparent about the use of tracking technology, what the technology is capturing, and to whom that data is disclosed. Read the article.

Security Technology
December 9, 2020

Linn Freedman Recognized as a Go-To Thought Leader by National Law Review

National Law Review
January 23, 2020

Linn Freedman Is Named to "Women to Watch in Health IT 2020" list

Health IT 2020
April 2, 2024

Linn Freedman Explains Pixel Litigation and Offers Risk Mitigation Strategies in Security Technology

Data Privacy + Cybersecurity Team chair Linn F. Freedman authored the article, “Pixel Litigation: How Security Professionals Can Assist with Risk Mitigation,” published in the April 2024 issue of Security Technology, a publication of ASIS International. In the article, Linn explains the new and growing issue of pixel litigation, which typically alleges that organizations collect, use and disclose personal information of consumers, who browse their website without providing their consent. Linn suggests there are several things legal, compliance and security professionals can consider doing now in their effort to assess and mitigate the risk of potential future pixel litigation. Among them, if an organization’s website uses ad tracking, pixels or cookies, they can review the website’s privacy policy to determine whether it should be made more transparent about the use of tracking technology, what the technology is capturing, and to whom that data is disclosed. Read the article.

Security Technology
December 9, 2020

Linn Freedman Recognized as a Go-To Thought Leader by National Law Review

National Law Review
January 23, 2020

Linn Freedman Is Named to "Women to Watch in Health IT 2020" list

Health IT 2020
November 4, 2019

Linn Freedman Recognized by Lexology as a Legal Influencer

Lexology
September 4, 2019

Linn Freedman Shares Privacy Insight in Recent Data Breach and Ransomware Media Coverage

The Wall Street Journal, Connecticut Public Radio, and OneTrust DataGuidance
February 13, 2019

Linn Freedman Participates in Cybersecurity Law Webinar

June 11, 2018

Linn Freedman Participates in Cybersecurity Panel Discussion for Association of Certified Fraud Examiners


November 4, 2019

Linn Freedman Recognized by Lexology as a Legal Influencer

Lexology
September 4, 2019

Linn Freedman Shares Privacy Insight in Recent Data Breach and Ransomware Media Coverage

The Wall Street Journal, Connecticut Public Radio, and OneTrust DataGuidance
February 13, 2019

Linn Freedman Participates in Cybersecurity Law Webinar

June 11, 2018

Linn Freedman Participates in Cybersecurity Panel Discussion for Association of Certified Fraud Examiners

Events


Past

H-ISAC Third Party Risk Subcommittee

Aug 10 2022
Health- Information Sharing & Analysis Center
Past

Drones Take Flight! An Overview of FAA Regulations, Enforcement, and Best Practices in Privacy & Security

Apr 26 2017
Federal Bar Association
Past

H-ISAC Third Party Risk Subcommittee

Aug 10 2022
Health- Information Sharing & Analysis Center
Past

Drones Take Flight! An Overview of FAA Regulations, Enforcement, and Best Practices in Privacy & Security

Apr 26 2017
Federal Bar Association
Past

Hot HIPAA Topics

Feb 10 2016
3rd Central Massachusetts Health Care Symposium
Past

Fundamentals of Data Security Law

June 2012
MCLE Program
Past

Hot HIPAA Topics

Feb 10 2016
3rd Central Massachusetts Health Care Symposium
Past

Fundamentals of Data Security Law

June 2012
MCLE Program

Data Privacy + Cybersecurity Insider


Verizon’s 2026 Data Breach Investigations Report Highlights

I am a big fan of Verizon’s yearly Data Breach Investigations Report. I follow it closely, as it confirms what we are seeing in the field, and provides validation for defense strategies employed to protect against attacks. The 2026 Report was recently published, and as I have mentioned before, it is well worth reading. At... Continue Reading

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Verification Texts Are Not Automatically TCPA Ads, New Jersey Court Holds

On May 20, 2026, in Zelma v. Wonder Group Inc. (D.N.J. May 20, 2026), a federal court in New Jersey largely dismissed Telephone Consumer Protection Act (TCPA) claims against food-tech company Wonder Group Inc. (Wonder), holding that two bare verification-code text messages were not “telephone solicitations” or “unsolicited advertisements.” The TCPA regulates certain calls and... Continue Reading

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A Strong Defense Ruling for Companies Facing CIPA Website Tracking Claims

A recent Third Circuit decision gives companies another strong defense point in the wave of website tracking and session replay litigation, including claims brought under the California Invasion of Privacy Act (CIPA). In Smidga v. Spirit Airlines, the plaintiffs alleged that Spirit used session replay code to record website visitors’ interactions, including text entries, clicks, and... Continue Reading

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Shadow AI Continues to Expose Company IP

Verizon recently published its 2026 Data Breach Investigations Report, which is full of helpful information for cybersecurity professionals to implement strategies for protection of systems. For a summary, click here. The Report notes that a whopping “67% of users are using non-corporate accounts on their corporate devices to access AI services” and “45% of employees... Continue Reading

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Colorado Rewrites Its AI Law Before It Takes Effect

Colorado has now significantly revised its AI governance framework before the law ever takes effect. SB 26-189, approved by Governor Jared Polis on May 14, 2026, repeals and reenacts key portions of the Colorado Artificial Intelligence Act (CAIA) and reframes the law around “automated decision-making technology” (ADMT) used to materially influence consequential decisions in areas such... Continue Reading

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Privacy Tip #493 – Stop Using Shadow AI!

As you can tell, I am obsessed with Verizon’s Data Breach Investigations Report. It is worthy of full immersion, and I am picking it apart with precision (here and here). I always spend a lot of time delving into it as it informs and confirms strategies to assist others with prevention and resilience. One of... Continue Reading

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CISA Passwords Used to Access DHS Systems Exposed

The Cybersecurity and Infrastructure Security Agency (CISA), which is part of the Department of Homeland Security, is responsible for cybersecurity and infrastructure security throughout the federal government, to improve cybersecurity protection against private and nation-state hackers. CISA has been without a director since the beginning of President Trump’s second term, when the then-director resigned. In... Continue Reading

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No Easy Walkaway: Skechers Must Face Email Marketing Claims

The latest ruling in Liss v. Skechers USA Inc., No. 3:25-CV-05861-DGE, 2026 WL 1392327 (W.D. Wash. May 19, 2026), keeps alive a proposed Washington class action challenging promotional email subject lines that allegedly used deadline-driven language to create artificial urgency around discounts. The plaintiffs alleged that Skechers sent commercial emails to Washington consumers with subject... Continue Reading

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Texas Sues Netflix Over Alleged Data Privacy and Children’s Safety Practices

The Texas Attorney General has filed a new consumer-protection lawsuit against Netflix, alleging that the company misled Texans by marketing itself as an ad-free, kid-friendly alternative to Big Tech while allegedly building a large-scale system for collecting and monetizing user data. The complaint claims that Netflix repeatedly assured consumers that its paid subscription model separated it... Continue Reading

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Why AI Risk Needs Its Own Insurance Conversation

Many insurers, and the businesses they cover, are still treating artificial intelligence (AI) risk as if it were cyber risk cloaked in a costume. That instinct is understandable since AI systems process data, rely on vendors, create operational dependencies, and sit inside digital infrastructures. However, early litigation is showing why that framing is likely incomplete.... Continue Reading

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Privacy Tip #492 – FTC Enforcing the Take It Down Act

On May 19, 2026, the Federal Trade Commission (FTC) announced that it will begin enforcing the Take It Down Act (TIDA) immediately. TIDA was made law in May 2025 and requires platforms to remove non-consensual intimate imagery within 48 hours of being notified. It provides criminal penalties for the publication of non-consensual intimate imagery and... Continue Reading

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ShinyHunters Hit Instructure + Downs Canvas Learning Management System

Another recent victim of ShinyHunters is Instructure, the supplier of the Canvas learning management system, which disrupted the login portals of 330 colleges and universities during the critical college exam schedule. According to Dataminr, ShinyHunters “claimed to have stolen 3.654TB of data affecting about 275 million individuals and 9,000 institutions worldwide.” The stolen data included... Continue Reading

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FTC’s TAKE IT DOWN Act Stakeholder Letter Signals Heightened Compliance Priority

The spread of AI generated intimate imagery has turned what was already a serious online safety issue into a fast- moving platform governance problem. The Federal Trade Commission’s (FTC) latest stakeholder letter makes clear that covered platforms will be expected to have systems in place before enforcement begins. This week, the FTC sent a stakeholder... Continue Reading

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California’s GM Settlement Reveals a New Era for Connected Car Privacy

California regulators have announced a major privacy settlement with General Motors (GM) over allegations that the company unlawfully sold the location and driving data of hundreds of thousands of Californians to two data brokers: Verisk Analytics and LexisNexis Risk Solutions. The settlement, subject to court approval, requires GM to pay $12.75 million in civil penalties... Continue Reading

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When an AI Chatbot Calls Itself a Doctor

Pennsylvania’s lawsuit against Character Technologies, Inc., is a notable early test of how professional licensing laws may apply to consumer-facing AI chatbots. The Commonwealth, acting through the Department of State and State Board of Medicine, filed a Petition for Review in the Commonwealth Court of Pennsylvania seeking to restrain what it alleges is the unlawful... Continue Reading

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