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.
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.
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:
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 14, 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 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.
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.
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.
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.
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.
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.
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.
Originally recorded on June 12, 2018. | 06.15.18
NP Privacy Alert | 03.23.18
Class Action Alert | 03.17.18
NP Privacy Partner | 03.03.17
NP Privacy Partner | 01.27.17
NP Privacy Partner | 10.14.16
06.12.18 | Webinar
05.30.17 | Cambridge, MA
02.21.17 | Sunnyvale, CA
11.10.16 | 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.