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Spencer Persson

Partner

T 213.633.8634 Los Angeles
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Spencer Persson, CIPP/US, is a litigation attorney who specializes in privacy, data breach, and consumer class action litigation matters. Spencer sits in the firm's privacy, security, and technology group and represents technology companies, retailers, manufacturers, entertainment companies, insurers, healthcare providers, and financial service providers, among others. Spencer vigorously defends his clients while also providing business solutions. Not every case is the same and not every business requires the same solution or approach—Spencer helps his clients find the right balance that fits their needs.

Practice Highlights

Data breach litigation

Spencer focuses on litigation defense relating to data breaches or other losses of sensitive personal information including personal health information. Spencer has obtained dismissals in these matters across the country, including in late 2024 when the Alabama Supreme Court affirmed the dismissal of a class action matter filed against a client. When the matter is not dismissed, Spencer works in concert with the client and forensic analysts to defeat class certification or seek an early resolution that makes business sense for the client.

Statutory and consumer class action claims

As a complement to privacy litigation, Spencer has extensive experience defending claims under privacy statutes such as the California Consumer Privacy Act (CCPA), Confidentiality of Medical Information Act (CMIA), California Invasion of Privacy Act (CIPA), Video Privacy Protection Act (VPPA), Fair and Accurate Credit Transactions Act (FACTA), and Computer Fraud and Abuse Act (CFAA), among others. Plaintiffs' attorneys have increasingly sought to leverage claims under these statutes to force settlement through the threat of protracted litigation in class action or mass arbitration matters, and/or based on the availability of statutory damages. Defending against these claims requires a deliberate and tailored strategy for each individual client.

Business litigation

Spencer has also successfully defended a variety of businesses in false advertising, breach of contract, and fraud matters. And he still enjoys litigating a good, old-fashioned business-to-business dispute, whether representing a company on the plaintiff's side or defending a claim. Spencer has tried and won many such cases, including obtaining large damage awards and, more frequently, complete defense verdicts.

Data breach class action matter alleging identity theft

Lead counsel for Alabama consulting firm in an employee and consumer class action matter where plaintiff alleged identity theft due to exposure of sensitive personal information including Social Security Numbers. Obtained dismissal of all claims and the dismissal was affirmed by the Alabama Supreme Court following oral argument.

Data breach arbitration alleging millions of dollars in lost cryptocurrency

Lead counsel for digital solutions provider in matter where client suffered a data intrusion and claimant sought an eight-figure award in losses. Obtained arbitration award in favor of client based on showing that client employed reasonable security measures.

CIPA matter alleging chatbot was the equivalent of a wiretap in violation of statute

Lead counsel for online furniture retailer and wholesaler in matter alleging that the use of a chat function violated CIPA because it was the equivalent of a wiretapping violation. Obtained dismissal at the pleading stage.

Pen register/tap and trace matter seeking statutory damages

Lead counsel for online retailer in matter alleging that the use of third-party software for functionality and marketing purposes violated California's pen register law and entitled plaintiff to statutory damages under CIPA. Obtained dismissal at the pleading stage.

Attorney General investigation under CCPA

Lead counsel for property operator in CCPA investigation by California Attorney General.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • California, 2004
  • U.S. Court of Appeals, 9th Circuit, 2004
  • U.S. District Court, Southern District of California, 2004
  • U.S. District Court, Central District of California, 2004
  • U.S. District Court, Northern District of California, 2007

Education

  • J.D., USC Gould School of Law, 2004
  • B.A., Government and Economics, Claremont McKenna College, 1998, cum laude

Memberships & Affiliations

    • Los Angeles County Bar Association

Professional Recognition

    • Selected to "California Super Lawyers" in Commercial Litigation, Thompson Reuters, 2017-2018
    • Selected to "California Rising Stars" in Commercial Litigation, Thompson Reuters, 2012-2016

Background

    • Partner, Norton Rose Fulbright US LLP, Los Angeles, 2016-2020
    • Senior Associate; Associate – Norton Rose Fulbright US LLP/Fulbright & Jaworski LLP, 2004-2015
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11.12.24
Presentations
Technology + Privacy & Security
Moderator, "Crash Course: Navigating the CrowdStrike Update," TechTainment™ 2024, Sandra Day O'Connor College of Law at Arizona State University and the Los Angeles Intellectual Property Law Association (LAIPLA), Los Angeles
10.10.24
Presentations
Panelist, "Black Hats, White Hats, and Even Grey Hats Too: Navigating the Cyber Threat Landscape," DOWNLOAD/NY Digital Tech Conference
03.06.24
Presentations
Panelist, "Health Information Privacy and Litigation," DWT Healthcare Regulatory & Compliance Seminar, Culver City, Calif.
01.25.24
Presentations
Panelist, "Tips Following a Data Breach to Best Position Yourself in the Event of Litigation," Media Law Resource Center's Data Privacy and Security Committee
digital lock
10.25.23
Insights
Litigation
Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period Read More
Publications
02.15.23
News
Class Action Defense
Daily Journal Names Class Action Win by Davis Wright Tremaine One of the Top Verdicts of 2022 Read More
Publications
02.15.23
News
Class Action Defense
"Top Verdicts - Navarro vs. Park Assist LLC, et al.," Los Angeles and San Francisco Daily Journal Read More
Beams of golden light
08.05.21
Insights
Data Protection
Another Court Limits Discovery Protections for Digital Forensic Investigations Read More
Courthouse columns
07.01.21
Insights
Litigation
TransUnion v. Ramirez: SCOTUS Limits Article III Redressable Injuries Read More
Publications
June 2021
Publications
Technology + Privacy & Security
Author, "Data Breach's Lack of "Sensitive Information" Creates Barrier to Standing in Federal CCPA Lawsuit," Pratt's Privacy & Cybersecurity Law Report Read More
Courthouse columns
04.14.21
Insights
Litigation
Predicting the Future of Privacy Class Actions After Oral Argument in TransUnion v. Ramirez Read More
Webinar
01.28.21
Webinars
Privacy & Security
"5 Data Privacy Trends to Watch in 2021," Davis Wright Tremaine Webinar Read More
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