Litigation

Beckage litigates for you. Our customized approach to litigation works to identify client objectives at the outset and to develop a litigation strategy that best achieves client goals. We work to understand what a “win” looks like to our clients – both in court and out. Beckage believes that litigation should be as minimally disruptive to business as possible, and we utilize strategic motion practice to obtain early victories and develop fact and expert discovery plans to that end. Whether handling appeals to higher courts, or resolving matters privately through pre-filing settlements, our experienced attorneys are recognized litigation Super Lawyers and Rising Stars well versed in effective state and federal court practice.

We have represented numerous clients in federal and state court who have been impacted by headline making data breaches and privacy matters from state-actor large scale cyberattacks to violations of privacy laws such as the Telephone Consumer Protection Act (TCPA), and the website accessibility standards under the Americans with Disabilities Act (ADA).  We have worked on dispositive motions, privilege and confidentiality challenges, expert issues, and eDiscovery matters including reconciling production obligations in U.S. lawsuits with international processing restrictions.

We leverage our experience as seasoned federal trial attorneys, privacy professionals, and technologists to provide clever and unique approaches to litigation to provide cost-effective strategy with high impact positive results.

Class Action Defense

The defense of class action lawsuits require experienced litigators who know how to effectively use the Class Action Fairness Act to prevent duplicative plaintiff lawsuits in multiple jurisdictions across the country. Whether arising from data breach and security incidents, allegations of consumer fraud or products liability, or perceived environmental harms, Beckage litigators work to streamline the class action process and contain the relevant class certification to maximize the best litigation outcome for our clients.

Data Breach Litigation

Beckage has represented clients in numerous federal and state litigated matters concerning data breaches that involved, among other things, cyberattacks, theft of confidential information, and data breaches, and involved data such as personal health information (PHI), retail credit card data, personal identifiable information (PII), and others, and involved national and international reporting and notification. We defend cases, including large national putative class actions, concerning data breaches and security incidents, invasion of privacy, identity theft, unlawful tracking, products liability, biometrics, and other alleged violations of state and federal privacy law.

Beckage Data Breach Litigation experience includes:

  • Putative consumer class actions in state/federal court proceedings arising from data breaches and security incidents;  
  • Federal Trade Commission and State Attorney General investigations of data, privacy, information or security breaches/violations;
  • Reporting obligations under state data breach laws, industry-specific data breach obligations, and international laws such as the GDPR;
  • Vendor and technology disputes arising from data incidents, including arbitration and state court litigation across the country.

Privacy, Website and Software Litigation

Beckage attorneys represent global clients in federal and state court concerning privacy, website, artificial intelligence and software litigation. This includes website accessibility claims, actions concerning the use of A.I. technologies, including chatbots, autodialers and other automated tools, defense of consumer protection actions brought under state and federal statues, and vendor disputes concerning licensing or technology warranties. We also assist clients in website remediation and enhancement efforts under various accessibility standards.  

Beckage attorneys have experience defending consumer litigation claims brought under various state and federal statutes including:

  • Americans with Disabilities Act (Website Accessibility);
  • Telephone Consumer Protection Act;
  • Fair Debt Collection Practices Act;  
  • Fair Credit Reporting Act;
  • State Consumer Protection Laws;
  • State biometric data privacy laws;
  • Privacy matters as it relates to the cannabis industry.

Our unique team, made up of former developers, web design business owners and employment attorneys, helps craft policies and practices to defend in litigation and implement settlements concerning ADA website accessibility claims and other matters involving website and software design and implementation.

E-Discovery Management

The discovery and management of electronically stored information (ESI) in litigation can have tremendous costs, measured in both client time and resources. Beckage attorneys work to identify, manage and appropriately narrow the range of discoverable ESI, and have proprietary systems in place to enable the secure sharing and efficient review of high-volume information.  

California Consumer Protection Act

Experience matters, our firm is one of the few firms focused only on privacy litigation. Our attorneys have defended class actions arising out of some of the largest privacy litigations and data breaches. They are seasoned and qualified to take on high-stakes privacy class actions. Our team’s lead lawyers are nationally renowned class action professionals, civil trial lawyers, and former federal prosecutors backed by a creative and talented bench of lawyers with the unique combination of tech know-how. The CCPA and likely CCPA 2.0 are and will continue to bring lawsuits against businesses concerning their data privacy practices. Beckage has the experience and qualifications to address your CCPA and state privacy lawsuits.

Representative Cases

Represented ecommerce retail client in lawsuit against vendor who failed to deliver specified ecommerce platform and overcharged, in breach of contract.  Received a favorable result for client.

Brought suit on behalf of ecommerce retailer against third party vendor who did not live up to technology development standards, resulting in a data breach.  Received a favorable result in favor or client.

Represented business in dispute with technology platform developer where developer overcharged, delivered insufficient code, and otherwise failed to live up to its contractual obligations.

Led litigation against vendor and managed public relations after client, a large online retailer with international clients, fell victim to malicious code installed on its website resulting in tens of thousands of individuals’ credit card data impacted.

Secured an injunction against a tech company to prevent them from holding clients servers and data hostage for non-payment of invoices where the invoices were in dispute.

Represented numerous clients who fell victim to fraudulent electronic fund transfers, many in the millions of dollars as a result of phishing incidents. Helped client recover money and mitigate damages.

Defended clients in putative class actions for claims arising out of unwanted communications, including those brought under the TCPA.

Defended clients in putative class actions for claims arising out of website and mobile apps where ADA website and mobile app accessibility claims have been made.