Theodore E. Yale

Technology, Cyber, Privacy, & AI

• Flo Health, Inc. the world’s leading women’s health app in the defense of numerous class actions pending in federal court in California, Canada (British Columbia, Quebec, and Ontario), as well as in Israel and Portugal alleging that the app’s use of certain analytics tools violated users’ privacy, among other claims.
• A global social media technology company in multiple federal and state actions, including class actions, that involve cutting-edge immunity issues under Section 230 of the Communications Decency Act for allegedly tortious videos created and uploaded by third parties. Obtained a dismissal with prejudice in one case based on Section 230 immunity.
• Prisma Labs, Inc., the maker of the Lensa AI app (No. 1 on the Apple store in December 2022), in dismissal of consumer class action alleging violation of the Illinois Biometric Information Privacy Act (“BIPA") in N.D. CA in favor of arbitration.
• Prisma Labs, Inc., the maker of the Lensa AI app, in connection with the defense of a purported consumer class action filed in the N.D. Illinois alleging claims under BIPA.
• A nonprofit fundraising website on privacy issues and potential liability for user-generated posts.
• A private equity firm in the acquisition of websites containing medical information regarding potential liability exposure for civil litigation or regulatory scrutiny.
• Negotiations between a client and major cryptocurrency platform regarding losses caused by a security breach.
• A healthcare app developer in connection with a Congressional Oversight Committee investigation.

Product Liability, Mass Torts, Insurance, and Other Litigation

• Saint-Gobain Performance Plastics in class action and individual cases in environmental toxic tort cases and federal appellate litigation.
• State Farm Mutual Automobile Insurance in trial and appellate litigation arising from hurricanes, automobile insurance policy consumer fraud claims, RICO and qui tam litigation.
• State Farm Fire & Casualty Company in directing legal defense at appellate and trial court levels of numerous property and other claims.
• A health insurance company in civil RICO litigation against a pharmacy group relating to fraudulent employee health insurance scheme.
• Purdue Pharma in opioid pharmaceutical mass tort claims in an MDL and by state attorneys general in over 100 federal and state lawsuits brought by state attorneys general, cities, municipalities, hospitals and third-party payors alleging fraudulent marketing practices in connection with the sale of Purdue’s prescription opioid medications.
• An individual stock trader in a civil forfeiture action relating to alleged market manipulation.
• Submission of numerous merits and amicus curiae briefs in cases before the U.S. Supreme Court and U.S. Courts of Appeals.
• A medical device manufacturer in connection with state and federal mass actions relating to allegedly defective hernia mesh implants.
• A portfolio manager at Allianz in a DOJ and SEC investigation.
• Advising an international bank on the global reach of U.S. law enforcement investigations into data stored with cloud service providers under ECPA, the SCA, and the U.S. CLOUD Act.
• Washington Football Team in litigation in federal court in Virginia and Maryland and an NFL arbitration regarding disputes with the minority shareholders.