Ezra D. Church

Ezra advises clients on compliance with data privacy and cybersecurity requirements such as the California Consumer Privacy Act (CCPA), the Gramm-Leach Bliley Act (GLBA), including Regulation S-P, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) laws, the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Illinois Biometric Privacy Act (BIPA), the EU’s General Data Protection Regulation (GDPR), and state data breach notification laws. He has particular experience with children’s privacy issues and has worked extensively with on educational technology firms and mobile app and game developers in connection with the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and numerous state law regarding education privacy. Ezra has assisted hundreds of multinational companies with advice, planning and connections with GDPR and the Privacy Shield for data transfers to and from the United States to EU countries. He has advised on privacy and security issues related to cutting-edge technologies including facial recognition, voice recognition, iris and retinal scanning, artificial intelligent and machine learning, ad tech, location tracking and employee monitoring, and blockchain. He is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals.  He writes and speaks frequently on privacy and data security and teaches Internet Law, Privacy and Cybersecurity at the Wharton School, University of Pennsylvania.

Ezra has worked with hundreds of companies facing data breaches, counseling them in the critical hours after an incident occurs, helping them understand and investigate the issues, and crafting an effective and appropriate notice program for affected individuals and government regulators. He also works with companies to anticipate and prepare for cybersecurity incidents before they occur, developing breach response plans to help prevent and mitigate future breaches.

Beyond his counseling practice, Ezra has experience handling complex and unusual class action litigation, including some of the largest privacy and data security class actions in the United States. This includes the defense of major national retailers facing data security litigation and the representation of consumer-facing companies facing large class actions filed under the TCPA and other privacy statutes. He has handled all aspects of such cases from inception through trial and appeal and has rare experience litigation class actions all the way through class trial. He is the co-leader of the Firm’s Class Action Working Group and regularly writes and speaks on class action issues. He is a contributor to the Firm’s chapter on class action litigation in the leading treatise Business and Commercial Litigation in Federal Courts and co-author of a chapter in A Practitioner’s Guide to Class Actions, among others.

Ezra has spent more than 15 years advising and defending retailers and ecommerce companies, focused on helping them find practical ways to address the unique legal challenges they face. He has counseled and defended clients on matters related to privacy and data security, credit cards, gift cards, employee background checks, anti-money laundering, advertising and sales issues, vendor and supplier issues, return policies, marketing practices, loyalty programs, layaway, and unclaimed property.

Privacy & Cybersecurity

• Served as US financial privacy expert in connection with the world’s largest asset manager’s acquisition of a US based robo-advisor, by assisting with privacy law due diligence, including Regulation S-P, and addressing post-acquisition privacy issues
• Advised app developer regarding privacy compliance for development of preloaded games portal for major mobile phone carrier
• Advised major financial services company on compliance with the recently adopted New York DFS Cybersecurity Requirements for Financial Services Companies, including revisions of contracts and security program
• Advised global technology company regarding privacy and data security issues related to facial recognition tools
• Advised Global and US Fortune 500 insurance company in connection with the creation of digital adviser platform, including privacy and data security issues regarding aggregation and services contracts
• Advised international retailer on data privacy compliance for the development of a private label tablet
• Advised global telecommunications company on employee privacy matters and helped develop compliance program, which also addressed biometric privacy and GPS tracking issues
• Represented educational technology firm in connection with FTC investigation concerning privacy and data security
• Counseled over fifty companies facing data breach incidents
• Served as privacy, cybersecurity, and consumer protection subject-matter expert for numerous mergers and acquisitions due diligence reviews
• Assisted companies with advice, planning, and applications of the Privacy Shield for data transfers from the EU to the United States and new EU General Data Protection Regulation, which included the review of clients' privacy programs, privacy policies, security policy, and contracts

Class Actions & Complex Litigation

• Won complete defense verdict and affirmance on appeal in a rare consumer class action trial for a major national retailer under California’s gift card redemption law in which the Plaintiff class sought damages of more than $30 million
• Led representation of major national retailer in nationwide class actions alleging negligence and other claims arising from a data security incident
• Won nationwide class action for Fortune 20 technology company alleging claims related to transfer of customer data in connection with ecommerce business
• Led successful opposition to class certification, including class discovery and briefing, in rare defendant class action alleging violations of bankruptcy law and involving many of the world’s largest financial services firms
• Obtained dismissal of nationwide class action against international food and facilities services business alleging violations of FCRA in connection with employee background checks
• Successfully settled California DAs’ investigation of a major retailer alleging pricing inaccuracy
• Won dismissal of restaurant chain in lawsuit under FACTA regarding the printing of personal information on receipts
• Dismissal of class actions in Pennsylvania and Maryland alleging product defects in construction materials
• Defeated class certification in nationwide class action alleging systemic copyright violations against international publishing and media company
• Representation of major pharmaceutical company in serial litigation by state AGs regarding alleged violations of state false claims laws
• Obtained dismissal of nationwide class action against ecommerce retailer alleging false advertising and violation of FTC advertising rules
• Defended international enterprise software company in breach of contract and fraud suit arising from sale and implementation of a revenue management solution
• Defended over fifty cases alleging claims related to improper telemarketing and text advertising under the TCPA

Unclaimed & Abandoned Property

• Representation of major retailers in unclaimed property/escheat audits and voluntary disclosure agreements
• Representation of five retailers in False Claims Act litigation brought by the State of Delaware related to the treatment and reporting of the unused balance on gift cards under state unclaimed property laws
• Advised major utility company regarding participation in audit of transfer agent American Stock Transfer or AST 
• Representation of major bank in false claims act litigation asserting improper reporting of unclaimed property
• Counseled over a dozen clients regarding gift card programs with respect to escheat, including the set-up and maintenance of special purpose gift card issuers
• Successfully negotiated discharge of escheat obligations with the State of Delaware based on the Chapter 11 reorganization of an international manufacturer and retailer
• Counseled major hospital system on unclaimed property issues related to insurance credit balances, including reporting obligations and ongoing compliance
• Advised advertising firm on abandoned property management related to client account balances