Troy Lieberman is a litigator and the deputy leader of the firm’s Data Privacy & Cybersecurity practice. His practice focuses on representing clients in intellectual property, advertising, technology, privacy, data security, and other complex disputes in courts, arbitration proceedings, and regulatory bodies across the country. He is also the co-leader of the firm’s Telephone Consumer Protection Act (TCPA) team and has defended dozens of class and individual actions under the statute.
Troy also counsels clients on a range of privacy and data security issues, including compliance with the patchwork of laws and regulations and data breach preparedness and response. He is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP).
Prior to law school, Troy was a consultant with IBM, focusing on business process improvement projects for clients, including the United States Navy.
I represent companies in patent, trademark, copyright, trade secret, and false advertising litigation in federal courts across the country. I am currently defending a leading mobile game developer against claims of copyright infringement relating to digital car designs.
I also represent clients in other complex technology litigation, including disputes involving software development, software implementation, data backup and recovery services, licensing, and various Internet- and mobile-related issues. I recently defended a software implementer against claims of breach of contract, fraud, and negligence stemming from an enterprise-wide software implementation project for an online retailer.
I represent companies in individual and class-action litigation stemming from privacy, data security, and marketing disputes, including following data breaches and under statutes such as the TCPA, Fair Credit Reporting Act (FCRA), Computer Fraud and Abuse Act (CFAA), and state consumer protection laws. I recently defeated a motion for class certification and obtained summary judgment on behalf of a medical device company accused of violating the TCPA.
I also advise companies on proactive compliance with the myriad of international, federal, and state data privacy laws and regulations, data breach preparedness and response, and marketing and advertising. I counsel 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), and TCPA.
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.
Rochester Business Journal | November 06, 2020
Data Privacy & Cybersecurity deputy leader and Rochester associate Jenny Holmes contributed this article analyzing the European Court of Justice’s recent invalidation of the Privacy Shield and its impact on data flows between the US and the EU. This article was co-developed with Los Angeles partner Jason P. Gonzalez and Boston associate Troy K. Lieberman, both from the Data Privacy & Cybersecurity team.
Boston Business Journal | July 30, 2020
Boston Intellectual Property associate and deputy leader of the Data Privacy & Cybersecurity practice group Troy Lieberman was featured in a Q&A for his outlook on facial recognition technologies in light of Boston Mayor Martin Walsh recently signing into law a ban on government use of these technologies in the city.
Massachusetts Lawyers Weekly | January 23, 2020
This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.
Law360 | July 12, 2019
This article highlights Boston Intellectual Property associate Troy Lieberman, who is representing Boston Scientific in a proposed class action suit alleging violations of the Telephone Consumer Protection Act.
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.
Data Privacy & Cybersecurity Alert | 10.07.20
TCPA Alert | 07.07.20
Webinar recording | 06.02.20
TCPA Alert | 05.06.20
TCPA and Class Action Alert | 04.15.20
Data Privacy and Class Action Alert | 04.06.20
Data Privacy & Cybersecurity Alert | 03.23.20
NP Privacy Partner | 10.04.19
Copyrights Alert | 09.26.19
06.12.18 | Webinar
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.