S. Ashlie Beringer

Ashlie Beringer is a litigation partner in the Palo Alto office of Gibson Dunn and Co-Chair of the firm’s Information Technology and Data Privacy practice group.

Ms. Beringer has extensive experience defending companies in high stakes technology and intellectual property disputes, with particular expertise representing clients in the technology, media, Internet, and entertainment industries. She has successfully represented clients in numerous consumer and regulatory actions relating to online and mobile technologies and data privacy and security issues.  In addition, Ms. Beringer has successfully defended clients throughout the country in complex patent, copyright, trademark, and trade secrets disputes, including several disputes involving digital technologies, gaming and application platforms, and online and mobile advertising and e-commerce networks.

The Daily Journal recently named Ms. Beringer one of California’s Top 100 lawyers and repeatedly has recognized her as one of California’s Top Women Litigators.  Law360 recently named Ms. Beringer one of five national MVPs in the area of Privacy and Consumer Protection, and previously, named her a national "Rising Star", which identified her as one of 10 intellectual property lawyers under 40 to watch in 2010.  Her practice was also featured on WSJ.com in “Ashlie Beringer’s Not-So-Long Strange Trip”.  Ms. Beringer is ranked in the Chambers USA National Privacy & Data Security up and coming category for 2012.

Representative matters handled by Ms. Beringer include:

Consumer Litigation and Class Actions

• LaCourt v. Specific Media, Inc.: Obtained dismissal of claims asserted against leading online advertising network in consolidated class actions alleging use of “flash cookies” to respawn deleted http browser cookies in connection with online behavioral advertising, on grounds that plaintiffs failed to plead injury in fact for purposes of demonstrating Article III standing.
• Levitt v. Yelp, Inc.: Obtained dismissal with prejudice of consolidated class action against leading online review site alleging that Yelp! manipulates user reviews on behalf of advertising businesses on grounds that Yelp! is immune under Communications Decency Act Section 230.  Obtained dismissal of earlier complaint on grounds that plaintiffs had failed to plausibly allege facts demonstrating that fluctuations in user reviews were due to extortion, as opposed to the routine functioning of Yelp!’s automated review filter.  
• Hypertouch, Inc. v. ValueClick, Inc.: Obtained dismissal of claims by ISP asserting $45 million in statutory damages for alleged violations of California Business & Professions Code §§ 17529.5 and 17200. Court granted summary judgment on grounds that ISP's claims that ValueClick advertised in 45,000 commercial e-mails alleged to contain "falsified, misrepresented, or forged" header information were preempted by the federal CAN-SPAM Act.  The California Court of Appeal reversed on the question of preemption but held that the one-year statute of limitations for penalties applied to plaintiff’s claims, eliminating more than 90% of the emails at issue.     
• Kleffman v. Vonage:  Prepared amicus filing for the Email Sender and Provider Coalition (an industry group that includes Microsoft and Acxiom) with the California Supreme Court on an issue certified by the Ninth Circuit concerning the applicability of Cal. Bus. & Prof. Code § 17529.5 to the use of multiple domain names for purpose of bypassing user and ISP spam filter settings.  The Supreme Court based its favorable ruling heavily on our amicus brief and expressly cited the brief in its opinion.
• Hines v. GREE International, Inc. and OpenFeint, Inc.: Obtained dismissal of class action against leading mobile social gaming platform asserting that OpenFeint’s platform permitted unauthorized third party access to personal and identifying information.  Lead plaintiffs (Milberg Weiss) voluntarily dismissed action in response to our motion to dismiss.
• Carrier v. Commission Junction, Inc.: Defended online affiliate marketing network in two consumer class actions alleging breach of contract, negligence and violations of California Bus. & Prof. Code § 17200, arising from alleged use of malicious spyware and software applications to hijack commissions earned on defendant's network. Developed complex damages analysis that led to highly-favorable early settlement of both cases, prior to discovery.
• Ferron v. VC E-Commerce Solutions: Defended affiliate marketing networks against claims under Ohio Consumer Sales Practices Act based on alleged receipt of deceptive and unsolicited commercial email messages. Obtained summary judgment in related case, resulting in favorable settlement.

FTC and State Attorney General Investigations

Ms. Beringer has extensive experience defending companies in FTC Bureau of Consumer Protection investigations and enforcement actions, including matters at the top of the FTC’s regulatory agenda.  She represented Facebook and MySpace in the recently-announced FTC investigations and settlements of claims relating to their alleged privacy practices, and she has defended several online, mobile and technology companies in FTC investigations involving data privacy and security issues.

In addition, Ms. Beringer has successfully represented companies in numerous investigations by the New York Attorney General, Florida Attorney General, Washington Attorney General, and other state attorney general offices relating to online behavioral advertising, Internet privacy and allegations of false and deceptive marketing and advertising practices.

Patent and Trade Secrets Actions

• Konami Digital Entertainment, Inc. v. Viacom, Inc. and Harmonix Music Systems, Inc.: Defense of Viacom and Harmonix in patent litigation in E.D. Tx. asserting that the critically-acclaimed Rock Band video game series infringed a portfolio of patents covering beat matching game mechanics and technology.
• Wireless Agents v. T-Mobile USA, Danger and Sharp Corp.: Defense of patent and trade secrets cases in federal and state courts in Dallas relating to mobile hand-held communication technology and services. Developed novel defense that resulted in extremely favorable settlement and dismissal of claims.
• Miken Composites v. Wilson Sporting Goods:  Obtained summary judgment on behalf of Miken Composites, affirmed by Federal Circuit, in patent infringement action concerning multi-wall softball bat configurations.  
• MobiTV v. Skyward: Represented leading provider of mobile television and radio platforms in action for patent infringement, copyright infringement and trade secrets misappropriation involving mobile technology software and platform. Obtained highly favorable settlement before commencement of discovery.
• ValueClick v. Blue Lithium: Prosecution of trade secrets misappropriation case against Internet advertising company. Obtained temporary restraining order against the defendants and extremely favorable settlement.

Copyright, Trademark and Right of Publicity Actions

• Grateful Dead Productions, Inc. et al. v. Sagan: Represented performers and record companies (including Grateful Dead, Led Zeppelin, The Doors, Carlos Santana, and Sony Music Entertainment) in case asserting trademark infringement, violation of right of publicity and copyright infringement in connection with defendants' acquisition of Bill Graham archives and operation of Wolfgang'sVault.com.
• Kakley v. Home Box Office: Defense of cable network and creator of television series “Six Feet Under” in copyright infringement action.  Obtained order denying plaintiff’s request for a preliminary injunction following an evidentiary hearing.
• DSW v. Zappos.com and Commission Junction, Inc.: Defense of affiliate marketing  network in action asserting online infringement of DSW's trademarks. Obtained extremely favorable settlement following order dismissing DSW's claims for failure to state a claim for trademark infringement.
• Tomato Music Works v. EMI Music: Defense of EMI Music in a copyright and contract dispute concerning ownership of the Townes Van Zandt collection.
• Current Communications Group v. Current Media: Represented broadband over power line (BPL) provider in trademark infringement action in connection with launch of integrated television and Internet network.