Kenneth L. Chernof is co-chair of the firm's Litigation group. He focuses his practice on complex commercial, antitrust, and IP litigation, defending leading business clients, particularly consumer products or services corporations, in multistate class actions and government litigation and investigations, including putative class action cases brought under the Fair Credit Reporting Act (FCRA), other federal statutes, and state privacy, information security, and unfairness business practices laws. He has particular experience with data breaches, advising clients on the potential impact of civil litigation, mitigating associated risks, and defending class action data breach litigation. Many of his cases have been at the center of this developing area of the law. Mr. Chernof's successes include federal jury and bench trials, federal and state appeals, and mediations and AAA arbitrations.
Mr. Chernof also has significant experience in offensive trademark litigation, particularly regarding brand protection counseling and litigation involving counterfeit and grey-market products. He has successfully litigated in dozens of federal, district, and appellate courts; the International Trade Commission; and other venues against thousands of retailers, suppliers, importers, and Internet vendors engaged in the sale of pirated goods. These lawsuits have resulted in significant Internet commerce rulings and multimillion dollar damage awards against counterfeiters and grey marketers.
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.
- Brooks Brothers in obtaining dismissal of class action data breach claims involving alleged theft of payment card information. Ables v. Brooks Brothers Group (C.D. Cal. 2017).
- Barnes & Noble in obtaining dismissal of data breach class action lawsuits involving alleged theft of payment card information. In re: Barnes & Noble Pin Pad Litigation, 2013 U.S. Dist. LEXIS 125730 (N.D. Il. 2013).
- SAIC in obtaining dismissal of data breach class action lawsuits against defense contractor involving theft of data tape containing health care records. In re Science Applications Int'l Corp. Backup Data Tape Theft Litig., 45 F. Supp. 3d 14 (D.D.C. 2014).
- Horizon Healthcare in obtaining dismissal of data breach class action lawsuits against health insurance company involving theft of laptops containing customer information and class action claims brought under FCRA and various state laws. In re Horizon Healthcare Services Inc. Data Breach Litigation (D.N.J. March 31, 2015).
- AdobeSystems, 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. See In re Adobe Systems, Inc., 2014 WL 4379916 (N.D. Cal. Sept. 4, 2014).
- Global travel and tourism technology company, in securing dismissal of data breach claims concerning unauthorized access to payment card information through a hotel reservation system (2017).
- Leidos, Inc. in currently pending class action data breach litigation concerning theft of computer media containing health care information. Fernandez v. Leidos Inc. (E.D.Cal. 2014).
General Commercial Disputes (2017-2018)
Product Liability and Mass Tort Defense: Toxic Tort (2018)
Technology: Data Protection and Privacy (2014-2016)
- JD, Georgetown University Law Center, 1991, magna cum laude, Order of the Coif
- AB, Harvard College, 1988, cum laude
- District of Columbia
- Deputy Associate Attorney General, US Department of Justice
- Chief of Staff to the Associate Attorney General, US Department of Justice
Member, American Bar Association
Board of Directors, Special Olympics Washington, DC (2012-2016)