Kenneth L. Chernof is co-chair of the firm's Litigation group. He focuses his 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. Ken's 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.
Ken 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.
Ken's successes include federal jury and bench trials, federal and state appeals, mediations and 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 U.S. Department of Justice as Deputy Associate Attorney General and Chief of Staff to the Associate Attorney General.
Experience
- Adobe Systems 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 obtaining favorable resolution of 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 in obtaining favorable resolution of 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 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 two data breach class action litigations. (New Mexico).
- Prisma Health, in obtaining the dismissal of two data breach class action litigations. (South Carolina, 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.).
- 7-Eleven (Speedway), in obtaining dismissal of federal VPPA lawsuit (S.D. Cal.)
- Tandem Diabetes Care, in winning summary judgment against CMIA claims, following early dismissal of CCPA claims, in data breach class action litigation relating to phishing incident. (California; California Court of Appeal).
- 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 winning motion to compel arbitration in VPPA class action litigation relating to the use of data pixels. (S.D.N.Y.).
- 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 consumer product company, in defending VPPA class action claims (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
Recognition
Commercial Litigation (Washington, D.C.) (2020, 2022-2023)
Financial Services Litigation (2021-2023)
General Commercial Disputes (2017-2023)
Transport: Aviation and Air Travel–Litigation and Regulation (2019-2023)
Cyber Law (including Data Privacy and Data Protection) (2016-2023)
Product Liability and Mass Tort Defense: Toxic Tort (2018)
Technology: Data Protection and Privacy (2014-2016)
Credentials
Education
- J.D., Georgetown University Law Center, 1991, magna cum laude, Order of the Coif
- A.B., Harvard College, 1988, cum laude
Admissions
- District of Columbia
- California
- Maryland
Government & Military Service
- Deputy Associate Attorney General, U.S. Department of Justice
- Chief of Staff to the Associate Attorney General, U.S. Department of Justice
Activities
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Member, American Bar Association
- Board of Directors, Special Olympics, Washington, D.C. (2012-2016)