Alan Charles Raul

FTC Investigations (generally also handled corresponding State AG matters):

• Privacy Practices Representation
  • Major Tech/Media/Telecom (tech) in investigation regarding privacy policy and practices. Investigation closed without enforcement action.
  • Adtech company in connection with online advertising practices. Investigation closed without enforcement action.
  • Major tech companies regarding informal inquiries regarding location information and consumer data sharing.
• Technology and Financial Practices Representation
  • Major tech company regarding investigation of consumer impacts of new technology deployment. Investigation closed without enforcement action.
• Data Security
  • Major financial institution in connection with data security incident. Investigation closed without enforcement action.
  • Leading retailer in connection with major data security breach. Investigation closed without enforcement action.
  • Professional services firm regarding a data security incident. Investigation closed without enforcement action.
  • Numerous companies regarding informal inquiries regarding data security incidents, including system, device, technology and software vulnerabilities.

Litigation Matters

Privacy; Data Security; Consumer Protection; FTC/State AGs; Internet; eCommerce

• Showneen Hall Litigation (D. Utah 2018) – represented Internet company defendants in a purported class action involving allegations arising out of a data breach. Sidley obtained a complete dismissal prior to discovery.
• In re: Office of Personnel Management Data Security Breach Litigation (D.C. Cir. 2018) – represent U.S. Chamber of Commerce as amicus in support of OPM and KeyPoint Government Solutions to uphold dismissal of data breach litigation on grounds of lack of standing and government contractor immunity.
• In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation (SDNY 2014; 2d Cir. 2016) – filed amicus brief and presented oral argument on behalf of AT&T Corp. in support of Microsoft; brief argued that search warrant may not be executed for data stored on foreign-based servers absent a substantial nexus with the U.S.
• Levandowski, et al. v. Gannett Satellite Information Network, Inc. (E.D. Mich. 2016) – represented the defendant in a proposed class action alleging violations of the Michigan Video Rental Privacy Act. Sidley obtained a dismissal of all claims prior to discovery.
• Rousset v. AT&T Inc., and Yahoo Inc. (W.D. Texas 2015) – represented AT&T regarding communications privacy.
• In re: RadioShack Corp. (Bankruptcy Ct. D. Del. 2015) – represented AT&T in connection with protecting customer data in bankruptcy sale.
• CTIA v. City of New York (Sup. Ct. NY 2014) – represented a CTIA member wireless carrier to protect access to customer data.
• Silha, et al. v. ACT, Inc., et al. (N.D. IL 2014; 7th Cir. 2015) – represented defendants in privacy class action lawsuit alleging defendants sold personal information obtained from college entrance exam takers. (Sidley obtained complete dismissal, which was affirmed on appeal).
• Kelley v. Federal Bureau of Investigation, et al. (DDC 2013) – privacy litigation (Privacy Act, U.S. Constitution, state privacy torts); prevailed on motion to dismiss in litigation representing individual plaintiffs alleging privacy rights violations.
• In re: Google Inc. Cookie Placement Consumer Privacy Litigation (MDL D. Del. 2013) – privacy litigation (ECPA, SCA, CFAA); filed as a class action; representing an Internet advertising company defendant.
• Addison Automatics, Inc. v. The RTC Group, Inc. (N.D. IL 2013) – privacy litigation involving alleged unsolicited faxed advertisements (TCPA); filed as a class action; representing a defendant technology company.
• Verzani v. Costco Wholesale Corp. (2d Cir. and SDNY 2011) – consumer protection action; filed as a class action; represented defendant.
• One Stella Maris Corp. v. SeamlessWeb Professional Solutions LLC et al. (NY Sup. Ct 2011) – consumer fraud, unfair business practice and contract claims filed as a class action; Sidley represented an internet company/eCommerce defendant.
• FCC v. AT&T Inc. (U.S. 2011) – Amicus brief in FOIA case supporting AT&T; represented trade association (Business Roundtable).
• Randolph v. ING Life Ins. and Annuity Co. (D.D.C. and DC Super. Ct 2007) – privacy and data breach litigation; filed as a class action; represented financial company defendant.
• AMANDA OBNEY, et al. TACO BELL CORPORATION (S.D. CA 2011) – represented defendant in purported class action claiming consumer advertising disclosures were false and misleading (plaintiffs withdrew complaint following motion to dismiss).
• AT&T Corp. v. 2PrePaid Inc., (M.D. Fla. 2006) – Internet and eCommerce injunction; represented plaintiff in a copyright and IP infringement action.
• Metro-Goldwyn-Mayer Studios Inc., et al. v. Grokster, Ltd. et al. (U.S. 2005) – amicus brief in support of copyright holders filed on behalf of Americans for Tax Reform in Support of Petitioners.
• Retail Servs. v. Freebies Pub. (4th Cir. and ED VA 2004) – Lanham Act and Anticybersquatting Consumer Protection Act (ACPA); represented plaintiff seeking declaration that use of the term “freebie” in domain name did not infringe defendants’ registered trademark, and that the term “freebies” was generic and not protectable as a trademark.
• AT&T v. Sprint (SDNY 2004) – represented plaintiff in unfair competition, trademark infringement and Anticybersquatting Consumer Protection Act litigation.
• In re Pharmatrak, Inc. Privacy Litigation (D. MA and 1st Cir. 2003) – privacy litigation (ECPA, SCA, CFAA); filed as class action; represented pharmaceutical company defendant.
• Physicians Interactive v. Lathian Systems Inc., et al. (E.D. VA 2003) – Privacy and computer fraud litigation involving alleged hacking, unauthorized use of customer information and theft of trade secrets; Sidley obtained TRO and injunctive relief against competitor that hacked client’s website.
• AT&T Corp. v. ATT&T, Inc. (D. Del. 2002) – Litigation regarding use of infringing mark; Sidley obtained TRO and summary judgment under Anticybersquatting Consumer Protection Act (ACPA).
• AT&T Corp. v. AT-T.COM (E.D. VA 2002) – Sidley obtained transfer of infringing domain name, and order disabling associated IP address under ACPA.

Government Litigation: False Claims Act; Administrative Law, Regulatory Enforcement, International Arbitration

• U.S. ex rel. Steven Mateski v. Raytheon Co. (C.D. CA and 9th Cir.) – represent defendant in False Claims Act (FCA) litigation.
• Duke Energy International Peru Investments No. 1 Ltd. v. Republic of Peru (ICSID 2011) – international arbitration involving investment dispute over energy sector privatization; represented foreign sovereign (Peru).
• Tyson Foods, Inc. v. U.S. Department of Agriculture (DDC 2008) – regulatory litigation; represented plaintiff seeking to enjoin USDA.

Alan’s government service is extensive. He served as Vice Chairman of the White House Privacy and Civil Liberties Oversight Board, a panel established by the legislation implementing the recommendations of the 9/11 Commission, from March 2006 through January 2008. Alan was appointed to this part-time position by President George W. Bush following confirmation by the United States Senate. The Board advises the President and heads of Executive departments and agencies, and reports to Congress, to ensure that privacy and civil liberties are appropriately considered in the development and implementation of laws, regulations and Executive branch policies related to efforts to protect the Nation against terrorism. In a December 2001 article in the Los Angeles Times, he had recommended the creation of a similar council to advise the President on the civil liberties implications of anti-terrorism measures. More recently, Alan has published pieces in the Washington Post, New York Times, and The Hill exhorting the President and Congress to re-invigorate the Privacy Board.

Alan also served in the White House as Associate Counsel to the President (1986–1988). During his tenure as Associate Counsel to President Ronald Reagan, Alan represented the White House in connection with the Iran-Contra investigations. He subsequently served as General Counsel of the Office of Management and Budget in the Executive Office of the President (1988 –1989), and then was appointed by President George H. W. Bush, with Senate confirmation, as General Counsel of the U.S. Department of Agriculture (1989–1993).

Alan serves as a member of the Data Security, Privacy and Intellectual Property Advisory Committee of the National Chamber Litigation Center (affiliated with the U.S. Chamber of Commerce).

Alan is a member of the Board of Directors of the Future of Privacy Forum, a non-profit organization that serves as a catalyst for privacy leadership and scholarship, advancing principled data practices in support of emerging technologies. FPF brings together industry, academics, consumer advocates and other thought leaders to explore the challenges posed by technological innovation and develop privacy protections, ethical norms and workable business practices.

Alan’s other memberships include:

• The Center for Democracy & Technology (CDT), Member of  Advisory Council
• National Security Institute, George Mason University’s Antonin Scalia Law School, Member of Advisory Board
• ABA Cybersecurity Legal Task Force, by appointment of the ABA President
• Atlantic Legal Foundation, Member of Advisory Council
• Council on Foreign Relations
• Federalist Society, Executive Committee for Administrative Law and Regulation Group
• American Heart Association, Washington DC Board of Directors (former Board Member)
• Washington Tennis and Education Foundation (former Board Member)
• American Bar Association, Section of Administrative Law and Regulatory Practice (former Council Member)
• American Bar Association, Section of International Law and Practice (former Council Member)
• National China Garden Foundation (former Board Member and Secretary)