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Mali Friedman is an associate in the firm’s San Francisco office practicing in the areas of privacy & data security, new media, and white collar & investigations.
As a member of the firm's Privacy & Data Security Group, Ms. Friedman has advised a broad range of clients on privacy matters, including compliance with the Electronic Communications Privacy Act (“ECPA”), Computer Fraud and Abuse Act (“CFAA”), Video Privacy Protection Act ("VPPA"), state wiretap analogues, state computer trespass and tampering statutes, and invasion of privacy laws. Additionally, she has defended multiple putative privacy class action lawsuits, including matters involving alleged improper tests of behavioral advertising technology, transmittal of device and user IDs, and use of flash cookies and other tracking devices.
Ms. Friedman's white collar work involves counseling clients in criminal and regulatory enforcement matters and internal investigations.
Representative Matters
- Represent LinkedIn in putative class action alleging improper transmittal of UserIDs and browsing history. The complaint was recently dismissed for lack of Article III standing.
- Represent a leading Internet Service Provider in putative class action alleging improper use of Internet tracking technologies for advertising purposes and the wrongful disclosure of video viewing behavior to third parties.
- Regularly advise a leading software and computer technology company on privacy, data-security, Internet safety, advertising, and click-fraud-related issues.
- Counsel a major Internet Service Provider on global law enforcement compliance issues.
- Obtained for an Internet Service Provider the dismissal in two jurisdictions of putative class action lawsuits concerning a test of “deep packet inspection” behavioral advertising technology and asserting claims under ECPA and CFAA.
- Represent a public broadcasting company in class action litigation arising out of the purportedly unauthorized collection, aggregation, and use of personal information when users downloaded mobile applications.
Previous Experience
- Manhattan District Attorney’s Office, Trial Bureau 40 (2002-2003)
Pro Bono
- Represented incarcerated defendant in a federal wiretap case.
- Acted as lead counsel in four-day criminal misdemeanor trial; secured hung jury in one of two counts.
- Counseled The Nature Conservancy on IP rights and content usage.
Publications and Speeches
- "The In Re iPhone App Dismissal Order: Key Holdings," Law360 (6/26/2012), Co-Author
- "The Evolving Nature of Privacy 'Harm'," International Association of Privacy Professionals Web Conference (12/16/2011)
- "Recent Trends in Privacy Litigation," Covington & Burling Webinar (6/15/2011)
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