Phillip J. Wiese
Phillip J. Wiese advises and defends clients in the complex and evolving privacy and cybersecurity landscape. He assists forward thinking, innovative companies across various industries, including technology, retail, and healthcare, in navigating issues such as facial recognition, biometrics, wiretapping, artificial intelligence, and website cookies. Phillip is a skilled litigator, adept at practicing in US federal and state courts through each phase of litigation, from pre-trial strategy assessments to trial and appeals.
Phillip regularly advises technology and retail clients on compliance with data privacy and cybersecurity requirements, information security policies, and incident response plans. He is well-versed on the California Consumer Privacy Act (CCPA) and similar US state privacy laws; the California Invasion of Privacy Act (CIPA); the Video Privacy Protection Act (VPPA); the Illinois Biometric Information Privacy Act (BIPA); state data breach notification laws; and other state and federal laws in the ever-changing privacy landscape. Phillip works with his clients to develop creative approaches to resolve these privacy matters. While he is skilled at counseling clients through legal issues and advocating for favorable settlements, he is equally comfortable taking cases to trial when the circumstances merit.
Phillip is a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals. He is also a member of the firm’s privacy and cybersecurity practice, as well as its class action working group. Additionally, he routinely writes on recent data privacy and CCPA developments.
Phillip has an active and wide-ranging pro bono practice. He helped a transgender inmate secure the first-in-the-country sex reassignment surgery and worked with the ACLU to support indigent criminal defense in counties across California.
While in law school, Phillip served as a judicial extern for Judge Virginia M. Kendall in the Northern District of Illinois. He was a journalist at a community newspaper before he attended law school.
- Secured complete win for retailer in putative class action alleging privacy violations in connection with web-based tracking activity
- Representation of video game company in mass arbitration alleging violation of the VPPA
- Represented a technology company in a series of mass arbitrations alleging violations of BIPA and counseled the company on ongoing BIPA, CCPA, CPRA, and other privacy concerns
- Defended a major hospital chain in a series of class action lawsuits related to a data breach
- Won summary judgment on behalf of two technology companies in lawsuits alleging that the companies violated BIPA
- Favorably resolved BIPA claims for smart device manufacturer
- Counseled a sports technology company in prelitigation matters involving a potential ownership dispute
- Successfully litigated breach of contract claims in Delaware Chancery Court on behalf of developer of conditionally active T-cell engager
- Defended an online travel company in arbitrations alleging violations of California’s unfair business practices acts, including the Unfair Competition Law and Consumers Legal Remedies Act; handled all aspects of the arbitrations, including witness examinations and closing arguments
- Defended technology company in restricted stock unit mass arbitrations
- Defended a healthcare provider in California state courts against several consumer class action allegations that the company made false representations in the scope of its network
- Represented a beer and beverage distributor against a beer supplier in a breach-of-contract action; successfully defeated anti-SLAPP claim in published court of appeal opinion
- Represented a biotechnology company in Delaware Chancery Court trial regarding violations of non-competition clause and misappropriation of trade secrets
- Defended residential mortgage-backed securities (RMBS) trustees in several class, derivative, and individual actions alleging billions in damages
- Represented a financial services company in a series of Financial Industry Regulatory Authority (FINRA) arbitrations related to broker-dealer fraud
- Northwestern University School of Law, 2013, J.D., cum laude
- Northwestern University, 2006, B.S.
- California
- US Court of Appeals for the Ninth Circuit
- US Court of Appeals for the Eleventh Circuit
- US District Court for the Central District of California
- US District Court for the Eastern District of California
- US District Court for the Northern District of California
Executive Committee, Cybersecurity and Privacy Section, San Francisco Bar Association
Member, American Bar Association