David T. Cohen

Of Counsel

New York


David Cohen provides strategic litigation defense counsel across many business sectors to help clients navigate complex privacy and cybersecurity litigation and enforcement matters. He counsels companies that have suffered a data breach or are accused of privacy violations, including those related to biometric privacy, and defends them against the class action litigation or regulatory actions by state attorneys general and the Federal Trade Commission (FTC) that frequently follow. David’s matters have included some of the most closely watched privacy and cybersecurity actions in U.S. history, including the groundbreaking defense of LabMD in LabMD v. FTC where he helped to persuade the U.S. Court of Appeals for the Eleventh Circuit to become the very first court to overturn a cybersecurity enforcement action by the FTC.

David also offers privacy and cybersecurity risk-based counseling to help clients minimize their chances of regulatory scrutiny and litigation. He is a regular contributor to Trust Anchor, Orrick’s Privacy and Cybersecurity blog, and is called upon by industry publications and news sources to weigh in on breaking legal developments. David is also an active member of the Sedona Conference Working Group 11 on Data Security and Privacy Liability.

  • Outside the office, David performs classical vocal music in the New York City area.
    • Represented Acuant in successfully defending a privacy class action alleging that Acuant violated the Illinois Biometric Information Privacy Act (BIPA) in connection with Acuant’s development and licensing of identity verification technologies.
    • Represented LabMD in its successful petition to the U.S. Court of Appeals resulting in the first-ever court decision overturning a Federal Trade Commission cybersecurity action.
    • Representing Sally Beauty in litigation against Visa in connection with Visa’s issuer reimbursement assessment relating to a data security breach.
    • Represented Supervalu in obtaining full dismissal of all consumer class actions filed over unauthorized network intrusions.
    • Represented Sony in government investigations stemming from criminal cyber-attacks on certain of Sony’s computer networks.
    • Represented Wyndham Hotels & Resorts in securing a favorable settlement to terminate a Federal Trade Commission lawsuit stemming from unauthorized network intrusions into certain Wyndham-branded hotels.
    • Represented Heartland Payment Systems in obtaining dismissal of issuing bank class actions filed across the nation related to a data security breach.