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. 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.

Experience

  • 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. In re Horizon Healthcare Services Inc. Data Breach Litigation (D.N.J. March 31, 2015).
  • AdobeSystems, Inc., in currently pending 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).
  • 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).

Perspectives

Lit Alerts—March 2017
A publication of the Litigation Practice Group
Data Breach Watch: A General Counsel’s Guide to Preparing for and Managing a Ransomware Attack
Advisory
Lit Alerts—December 2016 (Second Edition)
A publication of the Litigation Practice Group
Data Security Roundup—December 2016
A publication of the Privacy and Data Security Team
Lit Alerts—December 2016 (First Edition)
A publication of the Litigation Practice Group
More

Recognition

The Legal 500 US
General Commercial Disputes (2015-2016)
Technology: Data Protection and Privacy (2014-2016)
Cyber Law (2016)
Washington, DC Super Lawyers (2013-2016)

Credentials

Education
  • JD, Georgetown University Law Center, 1991, magna cum laude, Order of the Coif
  • AB, Harvard College, 1988, cum laude
Admissions
  • District of Columbia
  • California
  • Maryland
Activities
  • Member, American Bar Association

  • Board of Directors, Special Olympics Washington, DC (2012-present)

Overview

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