Kenneth L. Chernof is co-chair of the firm's Litigation group. He focuses his own practice on complex privacy, consumer protection, commercial, antitrust, and IP litigation, representing leading business clients in complex and multistate class actions and governmental litigation and investigations. He is a national leader in data breach, privacy and cybersecurity litigation, advising clients on the potential impact of civil litigation, mitigating associated risks, and defending class action data breach and state and federal governmental investigations, including by the FTC and other federal and state agencies. His clients include leading technology, consumer products, healthcare and higher education entities. His experience spans the range of federal and state privacy laws, including the Video Privacy Protection Act, Fair Credit Reporting Act, the Computer Fraud and Abuse Act, and HIPAA, as well as the statutory and common laws of most states, including California, Illinois, New York, New Jersey and many others. Many of his trial court and appellate cases have been at the center of this developing area of the law.

Mr. Chernof also has significant experience in complex consumer class action and other litigation relating to false advertising and unfair business practices, as well as strategic offensive trademark and brand protection litigation, particularly regarding counterfeit and grey-market products.

Mr. Chernof's successes include federal jury and bench trials, federal and state appeals, mediations and AAA arbitrations. He has appeared in dozens of federal and state trial and appellate courts, as well as the International Trade Commission.

From 1997 to 1999, he served in the US Department of Justice as Deputy Associate Attorney General and Chief of Staff to the Associate Attorney General.

Experience

  • Adobe Systems, Inc., in successful resolution of data breach class action lawsuits against leading digital marketing and media solutions company concerning network intrusion and possible theft of customer information. (N.D. Cal.).
  • Barnes & Noble, in obtaining dismissal of data breach class action lawsuits involving alleged theft of payment card information. (N.D. Ill., 7th Circuit).
  • Brooks Brothers, in obtaining dismissal of class action data breach claims involving alleged theft of payment card information. (C.D. Cal.).
  • Canon Business Process Services and General Electric, in defending pending data breach class action litigation. (S.D.N.Y.)
  • Georgetown Hospital System, in obtaining dismissal of data breach class action litigation relating to ransomware attack. (South Carolina).
  • Gilead Sciences Inc., in defending privacy class action relating to program mailers. (California).
  • Horizon Blue Cross Blue Shield of New Jersey, in obtaining dismissals of data breach class action lawsuits brought under FCRA and various state laws against health insurance company involving theft of laptops containing customer information. (D.N.J., 3rd Circuit).
  • Leidos, Inc., in obtaining dismissal of class action data breach litigation concerning theft of computer media containing health care information. (E.D. Cal., 9th Cir.).
  • Presbyterian Healthcare, in defending pending data breach class action litigation. (New Mexico).
  • Prisma Health, in obtaining the dismissal of a data breach class action litigation. (Florida).
  • Sabre, in securing dismissal of data breach claims concerning unauthorized access to payment card information through a hotel reservation system. (C.D. Cal.).
  • SAIC, in obtaining dismissal of data breach class action lawsuits against defense contractor involving theft of data tape containing health care records. (D.D.C.).
  • Tandem Diabetes Care, in defending pending data breach class action litigation obtaining dismissal of CCPA claims. (S.D. Cal.).
  • University of Vermont Health Network, in obtaining dismissal of data breach class action litigation relating to unauthorized network access. (N.D.N.Y.).
  • Warner Media and HBO Max in currently pending VPPA class action litigation relating to the use of data pixels. (SDNY).
  • Confidential Real Estate Investment company, in addressing data breach issues relating to phishing attack (confidential).
  • Confidential private university, in successful resolution of state investigation of data breach (confidential).
  • Confidential foreign data mining company, in defending pending FTC investigation. (FTC).
  • Confidential private health and hospital system, in investigation of possible data breach (confidential).

Perspectives

Post-Ramirez Courts Split Over Data Breach Standing Issues
Class Action Law360, Consumer Protection Law360, Cybersecurity & Privacy Law360, New York Law360, Retail & E-Commerce Law360
Federal Agencies Sound Alarm on Widespread Log4j Cybersecurity Flaw: How Should Organizations Respond?
Advisory
Ransomware Is Everywhere: What to Do If You Are Hit (pdf)
The Computer & Internet Lawyer
Lit Alerts—October 2021
A Publication of the Litigation Practice Group
Your Files Have Been Encrypted: What You Need to Know Before a Ransomware Attack
Arnold & Porter Webinar
More

Recognition

Best Lawyers
Commercial Litigation (2020, 2022-2023)
The Legal 500 US
International Litigation (2019, 2021-2022)
Financial Services Litigation (2021-2022)
General Commercial Disputes (2017-2022)
Transport: Aviation and Air Travel–Litigation and Regulation (2019-2021)
Cyber Law (including Data Privacy and Data Protection) (2016-2021)
Product Liability and Mass Tort Defense: Toxic Tort (2018)
Technology: Data Protection and Privacy (2014-2016)
Washington, DC Super Lawyers
Business Litigation (2013-2020)
More

Credentials

Education
  • JD, Georgetown University Law Center, 1991, magna cum laude, Order of the Coif
  • AB, Harvard College, 1988, cum laude
Admissions
  • District of Columbia
  • California
  • Maryland
Government & Military Service
  • Deputy Associate Attorney General, US Department of Justice
  • Chief of Staff to the Associate Attorney General, US Department of Justice
Activities
  • Member, American Bar Association

  • Board of Directors, Special Olympics, Washington, DC (2012-2016)
Overview

Email Disclaimer