Pro Bono Litigators Secure Precedent-Setting Victory

A team of Latham litigators won an impressive, precedent-setting victory for a victim of revenge porn — in what appears to be the first-ever jury trial anywhere in the US under the federal revenge porn statute, and one of just a handful under the Texas statute. The jury awarded our client, Jane Doe, a clean sweep, including compensatory and punitive damages totaling US$2.3 million. This verdict is not only a critical step in helping our client heal from trauma but also sends a powerful message: this type of abusive behavior will not be tolerated, and similar perpetrators should, and will be, held accountable.

Jane Doe was the victim of a serial predator who lured her into what she thought was a romantic trip to Europe, took thousands of explicit photos that she believed would remain private, and — when she cut off their relationship — distributed those photos (along with claims that she is a prostitute and a thief) to her family, friends, and co-workers, peppered her with vile messages, and created nine different websites publishing her explicit photos worldwide.

On behalf of Ms. Doe, Latham filed a variety of claims against Mr. Gipson, including claims under the federal and Texas revenge porn statutes, a claim for intentional infliction of emotional distress, and a claim for online impersonation. During the case, other women came forward and filed declarations asserting that Mr. Gipson had victimized them in the same or similar ways.

San Francisco counsel Gabrielle LaHatte served as lead trial counsel. The Latham team also included associates Heather Haynes, Dan Muller, Diane Ghrist, and Sean Gloth, and partners Brett Sandford and Jeff Homrig.