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Tyler G. Newby

Co-Chair, Privacy & Cybersecurity

Partner, Litigation  

San Francisco 415.875.2495

Overview

Tyler Newby 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 & West 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 intellectual property 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 United States Attorney in the Cyber Unit of the United States Attorney’s Office for the Eastern District of Virginia in Alexandria, Virginia. As a Special Assistant, Tyler prosecuted fraud, intellectual property and computer intrusion offenses.

Tyler is an experienced trial lawyer. His courtroom experience has included serving as lead trial counsel on complex intellectual property 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.

Recent Privacy, Data Security and e-Commerce Litigation Representations

  • 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.

Recent Privacy and E-Commerce Regulatory Representations

  • 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.

Recent Intellectual Property Litigation Representations

  • 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.

Recent Securities Regulatory and White Collar Representations

  • 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;
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