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), the General Data Protection Regulation (GDPR), the Telephone Consumer Protection Act (TCPA), and state privacy laws, including the California Consumer Privacy Act (CCPA).
In 2014, Tyler was named among the top privacy attorneys in the United States under the age of 40 by Law360. Tyler is a member of the International Association of Privacy Professionals, and has received the CIPP/US certification. He previously served as a Chair of the American Bar Association Litigation Section’s Privacy & Data Security Committee, and as a member of the ABA’s Cybersecurity Legal Task Force.
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 defense counsel in complex privacy and data security class actions, 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 handling ex parte and preliminary injunction procedures in trade secret, copyright and trademark matters.