• Lawyers
  • Practices
  • COVID-19 Resources
  • Insights
    • Firm News
    • Press Releases
    • Publications
    • Webcasts
    • Subscribe
    • Media Contacts
  • Careers
    • Career Opportunities
    • Attorney Development
    • Contact Us
  • About
    • Our Story
    • Awards & Accolades
    • Offices
    • Diversity
    • Pro Bono
    • Alumni
    • Contact Us
  • Biography
  • Education
  • Recent Publications
Profile Picture

Joshua A. Jessen

Joshua
Jessen

Partner

CONTACT INFO

jjessen@gibsondunn.com

TEL:+1 949.451.4114

FAX:+1 949.475.4741

Orange County

3161 Michelson Drive, Irvine, CA 92612-4412 USA

Palo Alto

1881 Page Mill Road, Palo Alto, CA 94304-1211 USA

  • Print
  • |
  • Share
  • |
  • vCard

PRACTICE

Privacy, Cybersecurity and Consumer Protection Class Actions FDA and Health Care Intellectual Property Litigation

BIOGRAPHY

​Joshua Jessen is a partner in Gibson, Dunn & Crutcher’s Orange County and Palo Alto offices.  He is a member of the firm’s Litigation Department and practices in the Privacy, Cybersecurity, and Consumer Protection Group, Intellectual Property Group, and Health Care and Life Sciences Group.

Mr. Jessen’s practice focuses on data privacy and cybersecurity, consumer law and class actions, complex commercial litigation, and intellectual property litigation.  He has represented many companies in putative data privacy and data security class actions, and has been instrumental in obtaining dismissals or other successful resolutions of those actions.  Mr. Jessen also has represented a wide array of clients in high-stakes patent, copyright, trademark, and right-of-publicity litigation.  In addition, he was involved in the defense of a significant white collar criminal matter relating to alleged violations of the Foreign Corrupt Practices Act.

Mr. Jessen was named a national “Rising Star” by Law360, which identified him as one of five lawyers to watch in 2012 in the privacy and consumer protection practice area.  The Recorder also named him as one of its 50 “Fast Track” lawyers in 2012, which recognizes California attorneys “whose early accomplishments indicate they will be tomorrow’s top lawyers and leaders.”

In addition, Mr. Jessen has acted as a guardian ad litem, on a pro bono basis, for children affected by temporary protective order proceedings, and he previously completed a two-month stint as a Deputy District Attorney in the Orange County District Attorney’s Office, where he examined approximately 25 witnesses in open court and obtained a conviction – after a jury trial – in a case believed to be unwinnable.

Mr. Jessen earned his law degree magna cum laude in 2002 from the University of San Diego School of Law, where he was a member of the Order of the Coif and Lead Articles Editor of the San Diego Law Review.  While attending law school, he served as a judicial extern for U.S. Magistrate Judge James Stiven.  Mr. Jessen graduated magna cum laude in 1996 from the University of Pennsylvania with a Bachelor of Arts degree in History.  From 1994 to 1995, Mr. Jessen studied at Lady Margaret Hall, Oxford University. In 2017, Mr. Jessen served as a Lecturer at the University of California, Irvine School of Law, where he taught the Cyber Victims Defense Clinic.

Mr. Jessen is admitted to practice law in the State of California.  He is also a member of the bar of the U.S. Court of Appeals for the Ninth Circuit, the U.S. Court of Appeals for the Federal Circuit, the U.S. District Courts for the Central, Southern, Northern, and Eastern Districts of California, and the U.S. District Court for the District of Colorado.

Representative Matters

Consumer Litigation and Class Actions

  • In re Customer Data Security Breach Litigation :  Representing major technology company in multidistrict litigation arising out of multiple data breaches.
  • Taylor v. Sunrise: Representing Sunrise in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act.
  • Wuest v. PepsiCo, Inc.:  Successfully represented PepsiCo in a putative class action alleging violations of California’s Invasion of Privacy Act.
  • Barrett v. Wynn Las Vegas:  Successfully represented Wynn Las Vegas in a putative class action alleging violations of California’s Invasion of Privacy Act.
  • Campbell v. Facebook, Inc.:  Successfully represented Facebook in a putative nationwide class action alleging that Facebook intercepted users’ private messages in violation of federal and state wiretapping laws.
  • In re Mobile Privacy MDL:  Obtained dismissal on behalf of mobile advertising and analytics networks in nationwide class action alleging that defendants collected and disclosed data and personal information from mobile devices without users’ knowledge and consent, on grounds that plaintiffs lacked Article III standing and failed to state a viable claim.
  • 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.
  • Hines v. 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 voluntarily dismissed action in response to our motion to dismiss.
  • David v. St. Joseph Health System:  Obtained dismissal of class action against hospital system alleging violations of the Confidentiality of Medical Information Act and other state law claims in the wake of a data breach.
  • Garvey v. Hulu; Kim v. KISSmetrics:  Defended online analytics provider and online publishers in multiple consumer class actions alleging the use of persistent technologies, including “ETags,” to track information about consumers in a manner allegedly intended to circumvent users’ browser settings.
  • St. Joseph Health System Data Privacy Litigation:  Represented St. Joseph Health System and its affiliated hospitals in coordinated class actions in Orange County Superior Court, Civil Complex, asserting violations of the Confidentiality of Medical Information Act and other state law claims, arising from alleged disclosure of personal health information of 31,800 patients.

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; obtained dismissal of tortious interference counterclaims asserted by defendants.
  • CytoSport v. Vital Pharmaceuticals:  Represented CytoSport, the maker of popular protein product Muscle Milk, in a trademark and trade dress infringement case against Vital Pharmaceuticals (“VPX”).  After the court entered a preliminary injunction against VPX, VPX brought counterclaims seeking to cancel the Muscle Milk trademark and obtain damages on the theory that the name “Muscle Milk” supposedly misled consumers, because it does not contain liquid dairy milk.  The court granted summary judgment in favor of CytoSport on all of the counterclaims and excluded VPX’s expert, leading to a favorable settlement of the claims CytoSport brought against VPX.

Patent Litigation

  • Data Network Storage v. International Business Machines Corporation:  Represented IBM in patent litigation involving data network storage technology; successfully obtained stay of case pending determination of earlier-filed suit.
  • Israel Bio-Engineering Project v. Amgen, Immunex, et al.:  Represented Geneva-based Serono International (now Merck-Serono), the world’s third-largest biotechnology company, in patent litigation pertaining to tumor necrosis factor binding proteins and the invention of novel therapies for rheumatoid arthritis.
  • In re Certain Semiconductor Chips with Minimized Chip Package Size and Products Containing Same:  Represented Tessera, Inc. in multiple ITC patent investigations against semiconductor companies and assembly subcontractors.

Health Care Litigation

  • Vigil v. St. Joseph Hospital of Orange, et al.:  Represented hospital in case involving whistleblower allegations under California statutes, and allegations of wrongful termination, intentional torts and breach of contract; the case settled on extremely favorable terms to client.
  • United States v. Tenet Healthcare Corp., et al.:  Represented a hospital company in a $300 million False Claims Act suit brought by the federal government alleging Medicare overbilling at over 100 hospital facilities nationwide.

Foreign Corrupt Practices Act

  • United States v. Carson, et al.:  Represented the former CEO of a valve manufacturing company charged criminally with FCPA and Travel Act violations involving alleged payments to foreign officials in 30 countries.  In defense of this action, filed the first substantive challenge to the FCPA’s “foreign official” definition, a motion recognized by The Wall Street Journal and The American Lawyer as breaking new ground in FCPA litigation.

EDUCATION

University of San Diego - 2002 Juris Doctor

University of Pennsylvania - 1996 Bachelor of Arts

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - January 29, 2019 | Illinois Supreme Court Finds BIPA Violations Actionable, Even With No “Actual Injury”
Client Alert - January 28, 2019 | U.S. Cybersecurity and Data Privacy Outlook and Review – 2019
Article - January 11, 2019 | How Calif. Privacy Act Could Prompt Private Plaintiff Suits
Client Alert - October 5, 2018 | New California Security of Connected Devices Law and CCPA Amendments
Client Alert - July 12, 2018 | California Consumer Privacy Act of 2018
Article - May 8, 2018 | A Closer Look At Barnes & Noble Data Breach Ruling
Client Alert - January 25, 2018 | U.S. Cybersecurity and Data Privacy Outlook and Review – 2018
Article - December 14, 2017 | New Obstacles For VPPA Plaintiffs At 9th Circ.
Article - July 4, 2016 | Teaching an Old Law New Tricks: The 1988 Video Privacy Protection Act in the Modern Era
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Article - May 13, 2016 | 1st Circ. Video Privacy Decision Creates Split With 11th Circ.
Client Alert - January 28, 2016 | Cybersecurity and Data Privacy Outlook and Review: 2016
Client Alert - February 17, 2015 | Cybersecurity and Data Privacy Outlook and Review: 2015
Client Alert - February 27, 2014 | There’s No Harm In Asking For Harm Post-Spokeo
Client Alert - January 1, 2014 | The International Comparative Legal Guide to: Litigation & Dispute Resolution 2014 Edition (Chapter 37 – USA – California)
Client Alert - November 19, 2013 | California’s New ‘Digital Eraser’ Evaporates Embarrassment
Client Alert - November 18, 2013 | California Tightens Privacy Protection
Client Alert - April 16, 2013 | Cyber-security and Data Privacy Outlook and Review: 2013
Client Alert - January 30, 2012 | 2011 Year-End Update on Class Actions
Client Alert - January 3, 2012 | 2011 Year-End FCPA Update
Client Alert - September 27, 2011 | Nationwide Privacy Class Action Dismissed in In re iPhone Application Litigation Based on Lack of Article III Standing
Client Alert - July 11, 2011 | 2011 Mid-Year FCPA Update
Client Alert - July 1, 2009 | New Hurdle to Limiting Foreign Infringement
  • Sitemap
  • Client Extranet
  • Legal Notices
  • Privacy Policy
  • Cookie Notice
  • Contact Us
©Gibson, Dunn & Crutcher LLP 2021. All rights reserved.
Top
This website uses cookies to provide analytics on user traffic. By continuing to browse our website, you consent to our use of cookies as set forth in our Cookie Policy. However you may visit Cookie Settings to customize your consent.
Cookie SettingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Analytics

Cookies that tie into analytics systems, such as Google Analytics, YouTube and Vimeo analytics for embedded video, etc. The following are the cookies installed by the service: _ga, _gid, collect, vuid

Performance

These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. The following cookie is installed by the Google Analytics service: _gat

Save & Accept