Jeffrey S. Jacobson

Consumer Fraud and Privacy Litigation

Prominent entertainment and retail companies turn to Jeff to fight back against cases alleging violations of state false advertising and consumer protection statutes, federal and state privacy laws, civil rights and racketeering statutes, and the Telephone Consumer Protection Act (TCPA). Jeff has won dismissal and defeated class certification in all these types of cases. He devises strategies to bring cases to a successful close quickly, often avoiding the most expensive and burdensome steps of litigation and mitigating the reputational damage and business interruptions that too often accompany class actions and other high-profile litigation. Jeff is a member of the Global Advisory Board of the Association of Certified E-Discovery Specialists, and during the intense electronic discovery phase of class actions, Jeff confidently manages unexpected challenges and works to contain costs.

Securities Litigation

Jeff has defeated securities class action claims brought against U.S.-based and foreign private issuers and has preserved dismissals on appeal. He represents companies, officers, directors and audit committees in their toughest securities fraud disputes.

Commercial Litigation and Internal Investigations

Jeff has represented plaintiffs and defendants in major commercial disputes arising from commercial transactions. He has conducted internal investigations arising from governmental claims and has overseen the electronic discovery strategies in major international Foreign Corrupt Practices Act investigations and other matters pursued by the Justice Department and by the Securities and Exchange Commission.

Government Experience

During more than two years as director of the New Jersey Division of Law and Chief Counsel to the New Jersey Attorney General, Jeff oversaw law enforcement investigations and supervised the more than 500 lawyers who represented state government agencies in defensive and affirmative litigation. A respected leader, he chaired the Attorney General’s Cyber Working Group and personally briefed and argued some of the state’s highest-profile appellate matters.

Representative Experience

Consumer Fraud and Privacy Litigation

• Represented a leading entertainment company against claims brought by consumers who prepaid $100 to live-stream a highly anticipated pay-per-view event but allegedly had trouble accessing the live stream
• Represented the manufacturer of a widely advertised brain health supplement against false advertising lawsuits brought by the Federal Trade Commission and multiple class action claimants
• Represented leading video game companies in class actions alleging that games did not work as advertised, claiming data breaches, and attacking the practice of selling “loot boxes” with in-game currency
• Represented a leading video game developer in defeating class certification and then resolving claims in multidistrict consumer class actions related to the unauthorized modification and subsequent rerating of one of the best-selling games of all time
• Represented numerous multilevel marketing firms in class actions alleging that their business models violated state and federal racketeering, consumer fraud and anti-“pyramid scheme” laws
• Represented a television studio in civil rights class action arising from the filming of scenes for a fictional drama in unused spaces of an active state juvenile detention facility, allegedly causing detainees to be subject to additional restrictions
• Represented prominent retailers, restaurants and media and entertainment companies against individual and class-based Telephone Consumer Protection Act claims
• Represented a major food manufacturer in a class action alleging that a food advertised as “natural” contained trace amounts of the herbicide glyphosate
• Represented major food manufacturers and cosmetics companies in consumer fraud matters alleging deceptive packaging, including “slack fill” claims
• Devised an inexpensive early settlement of a class action claiming that a leading quick-service restaurant chain did not properly honor an advertised discount
• Defeated multiple claims brought under New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA) and argued the New Jersey Supreme Court case narrowly construing that law
• Represented a leading cosmetics company in class actions alleging consumer fraud with respect to the advertising of certain skincare products and cosmetics
• Represented the recording industry’s trade association in winning a summary judgment and denial of class certification in a class action in the District of Oregon alleging that its nationwide copyright enforcement program constituted tortious abuse of the judicial process
• Represented a timeshare exchange company in multiple class actions brought by exchange members alleging fraud and breach of contract
• Represented broadcast and cable networks and other entertainment companies in resolving a privacy class action in California federal court relating to a vendor’s use of “Flash Cookies” on their websites
• Represented a leading branded entertainment company in class action litigation alleging invasion of the privacy rights of minors
• Represented a prominent social media company in winning the dismissal of class action claims involving the company’s responses to search warrants and resolving other privacy-related class actions
• Represented a catalog and internet retailer in class action litigation asserting violations of California’s “Shine the Light” privacy law
• Represented a major recording company in achieving early settlement of multidistrict federal and state class action claims arising from the company’s use of allegedly flawed digital rights management technology on music CDs

Securities Litigation

• Represented a Russian mining and metals conglomerate in winning the dismissal of securities fraud claims in the Southern District of New York, and defeating the plaintiff’s appeal to the U.S. Court of Appeals for the Second Circuit related to an antitrust fine and tax allegations levied against the company by Russian officials
• Represented a prominent Russian oil company and its officers in winning dismissal of securities fraud claims in the Southern District of New York related to Russian tax enforcement proceedings against the company and the Russian government’s subsequent nationalization of its oil-producing assets
• Represented a former audit committee director of an India-headquartered company in winning the dismissal of multidistrict securities class action claims and in related proceedings in the United States and India
• Represented Global Crossing Ltd. and its officers and directors in multidistrict securities litigation, note holder claims, and congressional and enforcement investigations arising out of the company’s transactions with other telecom firms and its 2002 bankruptcy filing

Commercial Litigation and Internal Investigations

• Represented the City of New York and Department of Transportation executives in the federal investigation that followed the crash of the Staten Island Ferry vessel, Andrew J. Barberi, in October 2003, and subsequently advising the City’s Law Department on electronic discovery strategies and related compliance issues
• Represented entertainment companies and financial institutions in breach-of-contract actions
• Designed and implemented electronic discovery strategies for complex U.S.-based and international investigations, including a 60-country internal investigation for a major multinational corporation implicating international data protection laws
• Conducted internal investigations for companies following the threat or imposition of discovery sanctions and considering the implications of international data protection laws for these matters
• Represented a prominent Westchester County golf club and several of its members against a disappointed applicant’s defamation and breach-of-contract claims

Personal Interests

Jeff is a lifelong runner and collector of U.S. coins.