- The Legal 500, Media, Technology and Telecoms: Cyber Law (including data privacy and data protection) (2018 – 2020)
- Daily Journal, named among 2019 Top Cybersecurity Lawyers in California (2019)
- Best Lawyers in America, Criminal Defense: White-Collar (2019 – 2020)
Tyler focuses his practice on privacy and data security litigation, counseling and investigations, as well as intellectual property and commercial disputes affecting high technology and consumer-facing companies. Tyler has an active practice in defending companies in consumer class actions, state attorney general investigations and federal regulatory agency investigations arising out of privacy and data security incidents. In addition to his litigation practice, Tyler regularly advises companies large and small on reducing their litigation risk on privacy, data security and secondary liability issues. Tyler frequently counsels companies on compliance issues relating to key federal regulations such as the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Computer Fraud and Abuse Act (CFAA), the Gramm Leach Bliley Act (GLBA), Electronic Communications Privacy Act (ECPA) and the Telephone Consumer Protection Act (TCPA).
In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. He currently serves as a Chair of the American Bar Association Litigation Section’s Privacy & Data Security Committee, and was recently appointed to the ABA’s Cybersecurity Legal Task Force. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification.
Prior to rejoining Fenwick in 2011, Tyler was a trial attorney with the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. As a federal prosecutor, Tyler investigated and prosecuted IP and cybercrimes nationwide, and advised federal law enforcement on compliance with the Fourth Amendment, the Electronic Communications Privacy Act, and other statutes pertaining to electronic surveillance and the search and seizure of electronic information. While at the Department of Justice, Tyler also served as a special assistant U.S. attorney in the cyber unit of the U.S. attorney’s office for the Eastern District of Virginia in Alexandria, Virginia. As a special assistant, Tyler prosecuted fraud, IP and computer intrusion offenses.
Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex IP and fraud matters, including the first criminal jury trial concerning the use of the BitTorrent protocol to facilitate criminal copyright infringement. Tyler also has extensive experience in handling ex parte and preliminary injunction procedures in both California and federal trade secret, copyright and trademark matters.
Privacy, Data Security and E-Commerce Litigation
- Obtained dismissal of putative class action alleging false advertising claims associated with Intuit’s TurboTax free filing option for tax preparation services. The Ninth Circuit reversed the district court’s decision, noting TurboTax's terms of service were clearly visible when users signed in on its website, and that the terms included a clause requiring disputes to be resolved through arbitration. The panel instructed the district court to compel arbitration, rejecting its alternative rationale that the users could bring a class action under a provision in the agreement that allows a court to award certain forms of equitable relief.
- Obtained dismissal of putative class action alleging violations of California’s Karnette Rental-Purchase Act and Unfair Competition Law Act brought against Resident Home, a company that owns and operates several direct-to-consumer brands in the home furnishings space, including Nectar and DreamCloud. The plaintiffs’ petition for appeal was denied by the First District Court of Appeal.
- Obtained dismissal of putative class action brought against internet security software developer alleging the software had been compromised from a prior cyberattack.
- Obtained dismissal of privacy and trespass to chattels claims against popular mobile radio streaming application.
- Representation of mobile application developers in putative consumer class action privacy and unfair competition cases.
- Obtained dismissal of complaint alleging business misrepresented the privacy practices of a competitor.
- Obtained dismissal of consumer class action claim brought against business alleging violation of California’s anti-spam law.
- Representation of consumer software company in state and federal putative consumer class actions arising out of alleged security vulnerability.
- Obtained rare dismissal at the pleading stage of putative class action brought against mobile application developer alleging violation of the Telephone Consumer Protection Act.
Privacy and E-Commerce Regulatory
- Represented major mobile advertising network in FTC investigation and enforcement action concerning inferring location data from Wi-Fi access points and compliance with COPPA.
- Advise numerous consumer-facing internet companies on development of law enforcement compliance programs and in responding to law enforcement and regulatory agency requests for consumer data.
- Counseling to advertising networks on data collection and use practices.
- Representation of mobile device application developers in California Attorney General, U.S. DOJ and FTC privacy investigations.
- Representation of companies in investigations of network security breaches.
- Representation of online travel site in DOT investigation regarding fare listings.
Intellectual Property Litigation
- Representation of major B2B internet company in direct and secondary liability trademark infringement litigation.
- Representation of major video game publisher in copyright and computer fraud litigation concerning theft and distribution of pre-release version of game.
- Representation of computer device and component manufacturer in trademark infringement litigation over use of its house brand.
- Representation of mobile game publisher in trade secret litigation over hiring of software engineers.
Securities Regulatory and White Collar
- Representation of Fortune 100 company in internal investigation and related SEC and DOJ investigations into allegations of bribery and kick-back allegations.
- Representation of former public company officer in SEC Sarbanes-Oxley investigation and criminal prosecution.
- Internal investigation on behalf of audit committee into allegations of accounting and procurement improprieties.
- Representation of individuals in DOJ and SEC fraud and insider trading investigations and litigation.
“There are increasingly complex state laws and foreign statutes, and even small startups have global footprints now. We’re trying to anticipate what our clients’ needs will be in the coming years.”
Education & Admissions
J.D., Stanford Law School
Member, Notes Editor and Associate Editor, Stanford Law Review
A.B., summa cum laude, History
Phi Beta Kappa
Admitted to practice in California
Admitted to practice before all federal district courts in California, the U.S. Courts of Appeals for the Federal Circuit and the U.S. Supreme Court