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Troy K. Lieberman



Troy Lieberman is an experienced litigator and data privacy attorney. His practice focuses on complex litigation, including 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, 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 a former business consultant with IBM. He is a member of Nixon Peabody’s IP Litigation group, Data Privacy & Cybersecurity team and co-leader of the Telephone Consumer Protection Act (TCPA) & Consumer Privacy team.

What do you focus on?

Intellectual Property & Technology Litigation

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 and taking and defending depositions. While I represent clients in many industries, my practice focuses on technology, marketing and consumer product companies. I am currently defending a company against claims of fraud, breach of contract and negligence stemming from the installation of enterprise-wide software.

Data Privacy, Cybersecurity & Consumer Protection

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, security, marketing, and other consumer protection laws and regulations. I have particular experience in litigating TCPA cases and have handled ten cases in the past few years, obtaining very favorable results for my clients. I have also recently litigated 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:

  • Federal Trade Commission Act (FTC Act);
  • California Consumer Privacy Act of 2018 (CCPA);
  • Telephone Consumer Protection Act (TCPA);
  • EU General Data Protection Regulation (GDPR);
  • Fair Credit Reporting Act (FCRA);
  • Fair Debt Collecting Practices Act (FDCPA);
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM);
  • Gramm-Leach-Bliley Act (GLBA);
  • Children’s Online Privacy Protection Act (COPPA);
  • Computer Fraud and Abuse Act (CFAA);
  • FTC and FCC regulations; and
  • State consumer protection laws and regulations.

What do you see on the horizon?

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.

Representative Matters

Intellectual Property & Technology Litigation

  • Defending Junction Solutions against allegations of fraud, breach of contract and negligence stemming from the implementation of enterprise-wide software at an online retailer. Team Express v. Junction Solutions et al. (W.D. Tex.)
  • Defended Neff, an active headwear and apparel brand, against allegations by Oakley of trade dress infringement regarding sunglass design. The case settled after we filed an early summary judgment motion. Oakley, Inc. v. Neff, LLC (S.D. Cal.)
  • Defended IDentrix, a developer of security software, against trademark infringement allegations involving “Identix” and “Identrix” registered marks. The case settled. MorphoTrust USA, LLC v. IDentrix, LLC et al. (D. Mass.)
  • Defended related energy marketing providers, against allegations of copyright infringement, trade secret misappropriation and unfair and deceptive practices relating to use of call center software. The case settled. Noble Systems v. AGR Field Services, et al. (M.D. Fla.)
  • Defended manufacturer of scientific instruments against pre-litigation claims of false advertising by competitor. Successfully persuaded competitor not to commence litigation
  • Defended a media conglomerate and production company against claims of patent infringement, fraud and conspiracy relating to motorcycle technology. Obtained dismissal of all claims. Tavantzis v. Orange County Choppers, et al. (M.D. Fla.)
  • Represented Sony Corporation in many Trademark and Trial Appeal Board (TTAB) proceedings, successfully opposing trademark registration applications and cancelling trademark registrations

Data Privacy, Cybersecurity & Consumer Protection

  • Defending Planet Fitness against allegations of invasion of privacy, civil rights violations and consumer protection claims relating to its inclusive locker room policies. Obtained dismissal of all claims. The case is currently on appeal to the Michigan Supreme Court. Cormier v. Pla-Fit Franchise, LLC et al. (Mich.)
  • Defended LabCorp in a putative class action alleging violations of the TCPA. Successfully bifurcated discovery to focus on issues of individual plaintiff’s claims and adequacy as class representative. The case settled prior to class-wide discovery Cunningham v. Laboratory Corporation of America Holdings (M.D.N.C.)
  • Defended NiSource in related putative class actions alleging violations of the Massachusetts Credit Cost Disclosure Act, federal Truth-In-Lending Act (TILA) and unfair and deceptive practices related to its water heater leasing program. Obtained summary judgment on all claims in state action (affirmed by Massachusetts Court of Appeals) and obtained dismissal of all claims in the federal action (affirmed by the First Circuit). Saia v. Bay State Gas Company (Mass. Sup. Ct.) and Philibotte v. NiSource Inc. et al. (D. Mass.)
  • Defended eLead1One in multiple class actions alleging violations of the TCPA and other state privacy laws, including in the Southern District of California and the Southern District of New York
  • Represented a marketing company in an investigation by the Indiana Attorney General’s office into the client’s telemarketing practices
  • Advised many clients, including a professional sports organization, a technology company, and a financial institution on compliance with international, federal, and state data privacy and security laws and regulations. Conducted enterprise-wide audits on data collection, retention, security and use and designed and implemented comprehensive privacy policies, notices and procedures
  • Advised many clients, including a financial institution, a marketing company and a publicly traded health plan provider on compliance with the TCPA and CAN-SPAM for communicating and marketing with consumers by telephone, text message, fax and email
  • Advised many clients, including multiple financial institutions and a marketing company investigate and respond to data breaches and counseled on notification and remediation efforts
  • Led investigation on behalf of a client into unauthorized access of the company’s systems, including pursuing claims under the CFAA in federal court to identify the former employee responsible. The dispute resolved favorably.

DC Circuit Delivers Relief, but Not Clarity, with TCPA Ruling

Law360 | March 16, 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.

Improper robocall consent revocation lets Kohl’s off the rack

Bloomberg BNA | August 18, 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.

Trump, Clinton robocalls rising as Election Day looms

Bloomberg Law: Privacy & Data Security | October 19, 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.

Beyond the billable: Pro bono spotlight: Nixon Peabody associates volunteer with PAIR project

BBA Week | October 13, 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.

Clinton and Trump and Robocalls, Oh My

Bloomberg Law | July 15, 2016

This feature story looks what political campaigns should know about robocalls. Boston IP litigation associate and TCPA practice co-leader Troy Lieberman discusses the apparent lack of FCC enforcement actions against political campaigns.

Junk Fax Class Certification Exposes Federal Consent Disparity

Bloomberg BNA Privacy Law Watch | June 24, 2016

TCPA team co-leader and Boston IP litigation associate Troy Lieberman is featured in this story that looks at a recent federal court class certification that highlights the struggle companies may go through to defend Telephone Consumer Protection Act (TCPA) claims that they didn’t get consent before sending faxes.

Robotext Class Defendants May Benefit from Multi-District Consolidation Approach

Bloomberg BNA Privacy Law Watch | June 14, 2016

TCPA team co-leader and Boston IP litigation associate Troy Lieberman is quoted in this piece discussing considerations companies should address when facing multiple Telephone Consumer Protection Act class actions.

Contact

Troy K. Lieberman

Associate
Co-Leader, TCPA & Consumer Privacy Team

Boston

Phone: 617-345-1281


Fax: 855-451-6601

University of Virginia School of Law, J.D.

Colby College, B.A.

Massachusetts

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

  • Greater Boston Chamber of Commerce: Boston’s Future Leaders (2016)
  • Recommended in The Legal 500 United States 2016 editorial for Intellectual property—Trade secrets

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.

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