Troy Lieberman is an experienced litigator and data privacy attorney. His practice focuses on the intersection of law and technology and in particular complex intellectual property, technology, data privacy, cybersecurity and consumer protection disputes. Troy also counsels clients on a range of privacy and cybersecurity issues, including compliance with the patchwork of laws and regulations, data breach preparedness and response, and marketing and advertising. Troy is a Certified Information Privacy Professional/United States (CIPP/U.S.) through the International Association of Privacy Professionals (IAPP) and the co-leader of Nixon Peabody’s TCPA & Consumer Privacy Team. He is a former business consultant with IBM.
I represent companies in patent, trademark, copyright, trade secret, false advertising, technology and other complex litigation in courts and regulatory bodies across the country. I lead teams in all aspects of litigation, from formulating early strategy and pleadings through trial and appeal, with significant experience drafting and arguing dispositive motions, taking and defending depositions, overseeing large e-discovery processes and trial, arbitration, and mediation. I am currently defending a leading mobile game developer against claims of copyright infringement relating to digital car designs.
I have broad experience defending clients in individual and class-action litigation in state and federal courts, enforcement actions and investigations stemming from data privacy, cybersecurity, marketing, and other consumer protection laws and regulations. I have particular experience in litigating TCPA class action disputes and have handled over a dozen cases in the past few years in federal courts across the country. I have also recently litigated numerous cases involving the Computer Fraud and Abuse Act (CFAA) and cases arising under consumer protection laws of California, Massachusetts and Michigan.
I also advise companies across a range of industries on proactive compliance with the myriad of international, federal and state data privacy laws and regulations, data breach preparedness and response, marketing and advertising and other Internet- and mobile-related issues. I have experience counseling clients on novel and complex issues relating to data collection, retention, security and use, including under the California Consumer Privacy Act (CCPA), EU General Data Protection Regulation (GDPR), Telephone Consumer Protection Act (TCPA), Federal Trade Commission Act (FTC Act), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), CAN-SPAM, FTC and FCC regulations, and state consumer protection laws and regulations.
How companies collect, handle and use customer information is being increasingly scrutinized. Recently enacted laws such as the GDPR and CCPA create significant compliance requirements for companies and potential exposure is large. Older laws and regulations also require ongoing assessment in light of new and developing technologies. The uncapped statutory damages available under the TCPA have made it a favorite of class action plaintiffs’ lawyers. All consumer-facing businesses must be aware of the statute and evolving regulations to ensure compliance. I am actively tracking TCPA developments and developing strategies to proactively manage my clients’ risk in this area. Please visit TCPA Info, News & Insights to learn more.
Law360 | November 13, 2018
Boston Intellectual Property associate Troy Lieberman is quoted in this article looking at possible FCC changes to the definition of “autodialer” in regard to the Telephone Consumer Protection Act.
Law360 | March 15, 2018
Boston IP litigation associate Troy Lieberman is quoted in this article explaining how the DC Circuit Court’s ruling on the FCC’s telemarketing rules will provide some relief for businesses.
Bloomberg BNA | August 17, 2017
In an article about a class action complaint against Kohl’s Department Stores, Boston IP litigation associate and TCPA team co-leader Troy Lieberman is quoted on opt-out mechanisms for consumers.
Bloomberg Law: Privacy & Data Security | October 18, 2016
Boston Intellectual Property Litigation associate Troy Lieberman is quoted throughout this article about increased robocalls as Election Day approaches and the TCPA implications. Click here to read the full article.
BBA Week | October 12, 2016
This piece profiles Nixon Peabody’s pro bono work and highlights Boston Government Investigations & White Collar Defense associate Hannah Bornstein and IP Litigation associate Troy Lieberman’s involvement with the Political Asylum/Immigration Representation (PAIR) project and why they’re both passionate about it.
Originally recorded on June 12, 2018. | 06.14.18
NP Privacy Alert | 03.22.18
Class Action Alert | 03.16.18
NP Privacy Partner | 03.02.17
NP Privacy Partner | 01.26.17
NP Privacy Partner | 10.13.16
06.12.18 | Webinar
05.30.17 | Cambridge, MA
02.20.17 | Sunnyvale, CA
11.09.16 | Albany, NY
University of Virginia School of Law, J.D.
Colby College, B.A.
U.S. District Court, District of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Federal Circuit
Troy is a member of the Leadership Council for Year Up Boston. Year Up’s mission is to close the opportunity divide by providing urban young adults with the skills, experience and support that will empower them to reach their potential through professional careers and higher education.