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Success in privacy and data security litigation requires a combination of substantive expertise in privacy, data security and consumer protection laws; deep experience in the relevant industry; and strong class action litigation skills and experience. Covington’s privacy and data security litigation practice brings all of these attributes to bear for clients and has a demonstrated track record of success through cost-effective litigation strategies and creative legal arguments.

At Covington, privacy and data security litigation is looked upon as its own discipline because of the unique substantive knowledge required to win cases. Our litigators have a deep substantive understanding of the laws most commonly at issue in privacy and data security litigation, including the federal Electronic Communications Privacy Act (including both the Wiretap Act and the Stored Communications Act), Computer Fraud and Abuse Act, Video Privacy Protection Act, Fair and Accurate Credit Transactions Act, and Telephone Consumer Protection Act, as well as the various state analogues to these statutes, state consumer protection laws, and the common law privacy torts. Covington’s litigators also are highly skilled in handling complex, high stakes litigation and have substantial experience in both class action and multi-district litigation.

This approach to privacy and data security litigation has been remarkably successful. In the past several years, Covington has successfully defended twelve privacy and data security consumer class actions for a wide variety of clients ― achieving results that required no monetary payouts. Importantly, our victories have come largely at the pleadings stage, which spared our clients otherwise significant costs of discovery and additional pretrial litigation.

Covington’s clients not only appreciate our effectiveness; they also appreciate our efficiency. Our privacy and data security litigators’ substantive expertise and industry knowledge means that we are able to “hit the ground running” on new matters, rather than needing to “get up to speed” on the law and the technologies at issue. We strive for and deliver cost-effective representation for our clients.