Paul A. Rosenthal

Paul’s sophisticated data privacy and security knowledge has earned him the Certified Information Professional / United States (CIPP/US) credential from the International Association of Privacy Professionals.

Consumer Class Actions & Privacy Litigation

Paul defends his clients in single-plaintiff, class action, and consolidated cases in state and federal court, as well as in arbitration and mediation. He represents public and private companies in contract and indemnification disputes arising out of consumer claims that involve alleged false labeling, improper telemarketing, or text marketing practices under the Telephone Consumer Protection Act (TCPA) and similar state and federal laws, as well as claims arising out of consumer-facing website operations under regulations such as the Video Privacy Protection Act (VPPA) and California Invasion of Privacy Act (CIPA).

Representative Experience

• Represented client in obtaining successful summary judgment in a putative class action pending in the District of Colorado where the court agreed that client had not, as a matter of law, violated either the prerecorded voice or do-not-call provision of the TCPA.
• Successful Motion to Dismiss case alleging violations of the TCPA in Eastern District of Texas arising from allegedly unwanted marketing text messages based on a showing that the plaintiff had pled consent as a matter of law.
• Successfully defeated motions to certify classes in two parallel cases filed in federal court against two online professional directory companies alleging they improperly utilized individuals’ names and information in violation of state Right of Privacy and Right of Publicity laws.
• Represented a leading provider of diagnostic testing services against claims that tracking software on its website was sharing information with third parties in violation of CIPA and California’s Confidentiality of Medical Information Act (CMIA). Following transfer from the US District Court for the Eastern District of California, the US District Court for the District of New Jersey dismissed both claims. That dismissal was affirmed by the Third Circuit Court of Appeals.
• Following a successful motion to compel arbitration, representing a leading video game provider in defense of arbitration proceeding alleging that the company improperly captured information about minors in violation of the Children’s Online Privacy Protection Act (COPPA).
• Representing multiple software providers and website owners/operators against putative class action claims asserting privacy violations under state and federal privacy and consumer protection statutes related to the alleged capture of information from cookies, pixels, and software operating on websites.
• Defend multiple companies against individual and consolidated claims arising from email marketing campaigns in alleged violation of California’s Anti-Spam Law.
• Represented a nationwide consumer class action against an equipment rental company concerning a damage waiver and environmental fees charged on consumer contracts.
• Defend numerous callers, lead sellers, and lead buyers in putative class actions and individual claims in state and federal court and arbitration against claims under the TCPA and state analogues.
• Represented multiple website owners/operators against claims that it violated the Video Privacy Protection Act (VPPA) through the alleged sharing of consumer information with third parties.

Consumer Products

Paul has represented consumer-product retailers and their vendors, as well as software providers, vendors, and cloud-based solution providers, to develop efficient processes for managing and negotiating responses to consumer inquiries, litigation claims, and third-party subpoenas. He has also assisted his clients with investigating and responding to government inquiries and information requests concerning their consumer-contact and consumer-privacy procedures.

Representative Experience

• Defended manufacturer against more than 100 individual state and federal claims by consumers alleging personal injuries caused by alleged contamination of vintage personal care product. Part of multiple trial teams and substantial work on expert-exclusion hearings and dispositive motions.
• Obtained dismissal of all claims in a putative consumer class action alleging deceptive sales practices against a major national retailer related to its in-store pickup procedures.
• Represented facial recognition software provider in responding to government CID concerning capture and use of consumer data.
• Defended packaged food retailer against putative class action claims alleging false and deceptive advertising, marketing, and labeling, including alleged slack fill, “made in the USA,” and ingredient-based claims.
• Coordinated the defense of a dog food manufacturer against class action claims alleging false and deceptive labeling.
• Represented a medical device manufacturer against more than 100 individual federal claims, including as part of a federal multidistrict litigation.
• Counsel and defend consumer contact platforms regarding policies, procedures, and claims arising from customers’ use of software to communicate with their customers.

Commercial Litigation

Beyond consumer-facing disputes, Paul provides sophisticated representation in a broad range of sensitive commercial and media-related matters. His practice includes defending high-profile defamation claims for national publishers and trade organizations.

Representative Experience

• Obtained dismissal of defamation claims against national magazine publisher filed by former governor. Dismissal was affirmed by Fifth Circuit Court of Appeals. 
• Successful representation of a fashion designer/retailer in a declaratory judgment action brought by competitor concerning trade dress claims against the client’s signature product.
• Represented an insurance company and employees against claims alleging trade secret misappropriation and tortious interference arising from client’s hiring of competitor’s former employees.
• Represented a nonbank mortgage lender against claims alleging a trade secret misappropriation and tortious interference arising from the client’s hiring of a competitor’s former employees.
• Represented trade organization in obtaining dismissal of defamation claims asserted in connection with blog posts regarding foreign corporation. Dismissal was affirmed by Court of Appeals for the D.C. Circuit.