"He's an excellent litigator and he's very smart."
Chambers USA 2023
"Michael is a powerhouse."
Chambers Global 2022
"He is amazing before the regulators."
Chambers Global 2022
“He’s thorough and very good at providing real-time advice and good recommendations.”
Chambers USA 2022
Ranked – Privacy & Data Security (Nationwide)
Chambers USA 2021-2023
Recommended – Cyber Law (Including Data Protection and Privacy)
The Legal 500 US 2021
Litigation Trailblazer – General Litigation
The National Law Journal 2023
MVP of the Year – Cybersecurity & Privacy
Law360 2020, 2023
Top Cyber/Artificial Intelligence Lawyers in California
The Daily Journal 2019-2020
Client Service All-Star
BTI Consulting Group 2019
Profile
Michael H. Rubin represents leading technology companies in high-stakes litigation and regulatory matters in the United States and globally. He serves as Global Co-Chair of the Privacy & Cyber Practice, as Global Vice Chair of the Technology Industry Group, and leads the firm’s AI Task Force.
Mr. Rubin draws on more than two decades of experience at the leading edge of legal issues in Silicon Valley. As a seasoned litigator he has the strategic judgment to minimize exposure in enterprise-threatening disputes, securing the best possible outcomes in court and matters before the Federal Trade Commission, state attorneys general, and other regulators. As a pioneering technology lawyer, he has the perspective to counsel companies active in the artificial intelligence and other emerging technologies sectors on product design and business model development. And as an accomplished leader, he assembles top-notch cross-practice and cross-jurisdictional teams to respond quickly to crises and help companies at all stages of their life-cycle realize their business objectives.
Mr. Rubin regularly provides counsel and representation on:
Privacy and cybersecurity issues and incidents arising under US and global regulations
Artificial intelligence matters ranging from design, to governance, to regulatory compliance and defense, to litigation
Emerging technologies and the novel business and regulatory issues
Mr. Rubin regularly earns recognition for his market-changing work from leading industry publications, including Law360, National Law Journal, and Chambers.
Mr. Rubin regularly writes and speaks on technology, AI, privacy, and cybersecurity topics.
He is a member of the firm’s LBGTQ+ Lawyers’ Group.
Experience
Mr. Rubin's experience includes advising:
Litigation
Bank of the West in a class action related to the California Invasion of Privacy Act alleging that Pindrop analyzed bank callers’ voices without their consent.
Otonomo in a privacy class action involving allegations that Otonomo tracked drivers’ locations without their permission in violation of the California Invasion of Privacy Act.
Accellion, a data storage company, in an array of consumer class actions. Most recently, secured dismissal of a breach of contract case filed by healthcare company Centene Corp. against Accellion in relation to data breaches Accellion experienced in December 2020 and January 2021.
NAVER Corp. and SNOW Corp., a NAVER subsidiary, in class action litigation alleging privacy and statutory violations based on allegations that defendants collected users’ personal information without consent. The court granted Latham’s motion to dismiss in full.
Turn, an online advertising technology platform provider, in twin putative class action lawsuits in federal and state court, which allege that Turn, used “super cookies” in violation of state privacy and consumer protection laws. The federal matter was dismissed and the state matter was resolved with a walkway settlement.
AppsFlyer in a class action alleging aid and abetting based on the receipt of alleged health data sent by app Flo Health, a popular health and fitness mobile application to AppsFlyer. Secured dismissal of the claims against AppsFlyer on Article III standing grounds.
Facebook in a consolidated consumer class action arising out of a criminal attack on Facebook’s web platform affecting approximately 29 million users globally. As a result of aggressive early discovery into plaintiffs’ claims and multi-pronged motion to dismiss, the court narrowed the case to a single named plaintiff pursuing a single cause of action for negligence. The parties agreed to a no-damages settlement in which Facebook has committed to maintaining certain security improvements it implemented in the wake of the attack.
LifeLock in a putative class action which alleged that LifeLock’s identity protection service failed to live up to its advertised promises. After aggressive discovery practice, plaintiffs dismissed their case with prejudice and admitted their allegations had no merit.
LG Electronics in a putative class action that alleged the company’s SmartTVs violated the federal Wiretap and Video Privacy Protection Acts. Plaintiffs’ claims were dismissed.
Google in a complex, multi-defendant, multidistrict litigation, made up of more than 20 putative class actions arising from allegations that Google improperly placed cookies on Safari web browsers by overriding their privacy control. Plaintiffs asserted claims arising under the federal Wiretap and Computer Fraud and Abuse Acts, as well as various California state laws. The district court granted Google’s motion to dismiss all claims with prejudice. The Third Circuit affirmed, with the exception of two state law claims.*
Regulatory
Significant social media company in FTC Section 5 investigation. Matter closed without enforcement action.
Significant online commerce provider in FTC Section 5 investigation. Matter closed without enforcement action.
Multiple significant ad tech companies in FTC Section 5 investigations. Matters closed without FTC enforcement action.
Significant online security provider in FTC Section 5 investigation. Matter closed with no enforcement action .
Children’s service in FTC COPPA investigation. Matter closed without enforcement action .
Multiple sharing economy companies in FTC Section 5 investigations. Matters closed without enforcement action.
Connected device manufacturer in concurrent FTC Section 5 and State Attorney General investigations. Matters closed without enforcement action.
Multiple companies in FTC FCRA investigations. Matters closed with no enforcement action.
Google in FTC Section 5 and concurrent State AG investigations concerning Google’s placement of cookies on Safari web browsers. Both investigations were resolved with consent decrees in which Google denied liability.*
Numerous companies in ongoing FTC Consent Decree and Order compliance matters.
*Matter handled prior to joining Latham
Qualifications
Bar Qualification
California
District of Columbia
Education
BA in Foreign Affairs & Spanish, University of Virginia With Distinction
Latham & Watkins LLP steered a range of clients through cutting-edge data privacy disputes, including securing the dismissal of claims that Otonomo Inc. surreptitiously tracked drivers' locations and helping Apple Inc. escape a consumer class action over security vulnerabilities in its devices, earning the firm a place among Law360's 2023 Cybersecurity & Privacy Groups of the Year.
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