Photograph of Kristin J. Madigan, CIPP/US

Kristin J. Madigan, CIPP/US

Partner


Kristin J. Madigan is a partner in Crowell & Moring’s San Francisco office and a member of the firm’s Litigation and Privacy & Cybersecurity groups. Kristin focuses her practice on representing clients in high-stakes complex litigation with a focus on technology, as well as privacy and consumer protection matters including product counseling, compliance, investigations, enforcement, and litigation that typically involves existing and emerging technologies. In addition, Kristin is well-versed in and counsels clients on California Consumer Privacy Act (CCPA) compliance. Kristin is a Certified Information Privacy Professional/United States (CIPP/US).

Prior to joining Crowell & Moring, Kristin served as an attorney at the FTC in Washington, D.C., in the Bureau of Consumer Protection, Division of Privacy and Identity Protection. In that role, Kristin led nonpublic investigations and prosecuted unfair and deceptive practices in privacy and data security matters within the FTC’s consumer protection authority.

Kristin joined the FTC after nearly a decade in private practice at another international law firm, where she represented clients in high-stakes patent, trade secret, competition, and complex commercial disputes through trial in the fields of software, hardware, biotechnology, health care, and consumer products.

Kristin is a vice-chair of the ABA Section of Science & Technology Law: Internet of Things, serves on the Board of the San Francisco Bar Association Cybersecurity Section, and serves on the Board of Governors of the Association of Business Trial Lawyers (ABTL) Northern California. She is also an active member of the California Lawyers Association Privacy Law Section, the International Association of Privacy Professionals (IAPP), and the American Bar Association.

Representative Privacy and Consumer Protection Matters

  • Representing a number of clients in connection with ongoing and successfully closed confidential investigations before the Federal Trade Commission, Bureau of Consumer Protection, in the areas of privacy, data security, technology, and financial products.
  • Representing a number of clients in connection with California Consumer Privacy Act (CCPA) compliance.

Representative Complex Commercial and Technology-Related Litigation Matters

  • Represented a major internet web browser company in Santa Clara Superior Court in a complex contract dispute with a major search engine that was resolved on the eve of trial.
  • Represented a public university system in a novel constitutional case in Alameda Superior court, defeating a motion for preliminary injunction which sought to halt implementation of an executive order issued by the university.
  • Represented a major internet technology company in the Northern District of California in patent litigation involving software for mobile telephones and tablets, including preliminary injunction phase and a four-week jury trial.
  • Represented a global manufacturer in the Central District of California in complex commercial litigation involving copyright, trade secret, contract, and employment allegations, including a three-month jury trial.
  • Represented a major internet technology company in the Northern District of California and the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful Federal Circuit petition for a writ of mandamus staying proceedings in Texas.
  • Represented a major internet technology company and several hardware manufacturers in the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful motion for summary judgment of noninfringement, affirmed by the Federal Circuit.
  • Represented a major biotechnology company and a national reference laboratory in the Central District of California in patent litigation involving genetic testing, including successful motion for summary judgment of invalidity, affirmed by the Federal Circuit.

Representative Class Action Matters

  • Represented a major behavioral health company in defense of novel class action allegations in the Northern District of California, successfully narrowing the case and securing a favorable settlement for the client before trial.
  • Representing a public university system in defense of class action allegations in Alameda Superior Court.
  • Representing a major behavioral health company in a putative class action in the Northern District of California, successfully narrowing the case.

Education

  • University of California, San Diego, B.A. (1999) cum laude with honors
  • University of California, Berkeley School of Law, J.D. (2004)

Affiliations

Admitted to practice: California, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Federal Circuit

View More

"$1.2 Million CCPA Settlement with Sephora Focuses on Sale of Personal Information and Global Privacy Controls," Privacy Law Alert (September 13, 2022). Contacts: Kristin J. Madigan, CIPP/US, Christiana State, CIPP/US, CIPP/E, Garylene (Gage) Javier, CIPP/US, Jacob Canter, Sarah Rippy
Client Alert / Newsletter
"Privacy in the Multiverse of Madness: Protecting Data in Real Life and Beyond," Internet of Things (IoT) Webinar, 2022. (September 12, 2022). Speaker: Kristin Madigan.
Speech/Presentation
"FTC Publishes an Advance Notice of Proposed Rulemaking Regarding Commercial Surveillance and Data Security," Privacy Law Alert (August 19, 2022). Contacts: Sarah Rippy, Jeane A. Thomas, CIPP/E, Jodi G. Daniel, Kristin J. Madigan, CIPP/US
Client Alert / Newsletter
'Don't Blindly Rely on the Algorithms': How Firms Can Limit Liability Amid AI Explosion Corporate Counsel (March 30, 2022)
Press Coverage
"U.S. Regulatory and Legal Risks Raised by the Sale of IoT Products," Lexology Webinar. (December 16, 2021). Speakers: Cheryl Falvey, Kristin Madigan, and Kate Growley.
Speech/Presentation
White Castle Biometric Privacy Case To Shape Litigation Landscape Bloomberg Law (September 7, 2021)
Press Coverage
"Are you Prepared for a Ransomware Attack? Preparing for Threats and Managing the Crisis" (July 21, 2021). Presenters: Michael K. Atkinson, Caroline E. Brown, Laura Foggan, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff.
Speech/Presentation
"Biden Executive Order on Competition Includes Recommended Action on Internet Platform Industries and Privacy," Privacy Law Alert (July 13, 2021). Contacts: Kristin J. Madigan, CIPP/US, Jeane A. Thomas, CIPP/E, Jeffrey L. Poston
Client Alert / Newsletter
Biden’s Executive Order Links Data Collection To Competition Bloomberg Law (July 9, 2021)
Press Coverage
"Beyond California - What's Happening in Privacy and Data Security law in the Rest of the US" PLI's 22nd Annual Institute on Privacy and Cybersecurity Law (June 8, 2021). (June 8, 2021). Presenter: Kristin J. Madigan.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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