Jim Monagle is a Certified Information Privacy Professional/U.S. (CIPP/US) who also holds an L.L.M. degree in Technology Law, and who regularly assists his clients in resolving data privacy- and technology-related disputes in pre-litigation and litigation contexts. Although Jim’s practice focuses primarily on defending clients in data privacy and security disputes, including class action litigation, he also regularly handles incident response matters and advises organizations on advisory compliance issues and best practices.

Matters Jim routinely handles as lead defense counsel include data breach class actions in state and federal court; website tracking technology/wiretapping claims against healthcare providers (as well as retailers), including based on use of Meta Pixel; claims and litigation arising from wire transfer fraud; technology-related errors and omissions (Tech E&O) claims; and other commercial litigation, including indemnity disputes. Jim has also represented organizations throughout his career in intellectual property and media liability matters, such as copyright and trademark infringement; domain name disputes and takedowns; unfair competition; false advertising; right of publicity; trade secret misappropriation; and defamation claims.

For the past decade, Jim has assisted many organizations in preparing for and responding to data privacy and security incidents and potential liability, including complying with and reducing risks related to data privacy and security laws such as the California Consumer Privacy Act (CCPA) and the evolving common law landscape nationwide; responding to incidents including interfacing with regulators, handing related regulatory investigations and addressing applicable breach notification requirements; and overseeing security enhancements and drafting and implementing data privacy and security-related policies, procedures and contracts.

While in law school, Jim was a Research Fellow for the J. Thomas McCarthy Institute for Intellectual Property and Editor of the Intellectual Property Law Bulletin.

Representative Matters

• Co-lead counsel in coordinated data breach litigation involving millions of putative class members and approximately two dozen separate complaints
• Lead counsel in data breach class action in federal court resulting in successful motion to dismiss based on plaintiff’s lack of standing
• Lead counsel in several website tracking technology class actions based on clients’ use of Meta Pixel, session replay and similar technologies
• Lead counsel in several litigation matters based on fraudulently misdirected funds

PUBLICATIONS

• “Dissecting the Surge in Data Privacy Claims Against Meta / Facebook,” NetDiligence Junto Blog, March 20, 2023
• “Federal Court Grants Motions in Two Separate Cases in Favor of Federally Qualified Health Centers (FQHC) Facing Data Security Litigation,” June 22, 2022
• “New CCPA Regulations Address Consumer Opt-Out Rights and More,” March 23, 2021
• “Newly Amended CCPA Creates New Enforcement Agency and Increases Liability for Non-Compliant Businesses,” February 12, 2021