Michael Breslin focuses his practice on technology-based litigation, privacy and data security issues, and publicity rights. Mr. Breslin has direct experience with data privacy and security breach issues, litigation involving claims concerning trade secret misappropriation, confidential information and computer systems protection, consumer class action defense (particularly in the internet retailing area), software licensing and implementation, unfair and deceptive e-commerce practices, e-mail and digital media marketing, and restrictive covenant drafting and litigation. He is also skilled in electronic discovery and computer forensics evidence, and has represented some of the nation's largest online and technology-focused service providers and retailers, including Fortune 500 companies, in a variety of matters.
Mr. Breslin has been recognized as a Georgia "Rising Star" in General Litigation by SuperLawyers magazine in 2011 and 2012.
Industries
Technology & Software
Experience
Worked on teams handling the following matters:
Software implementation litigation for systems management company, Represented a storage and systems management software company in litigation related to software licensing and implementation project.
Litigated consumer credit and credit rating dispute on behalf of a global leader in information solutions, Representing a global leader in information solutions in numerous individual and class actions arising out of consumer credit and credit rating disputes.
Lawsuit against broker and major insurance carriers for market misconduct, The firm served as lead counsel in litigation against our client's insurance broker and several major insurance carriers, including AIG, Travelers, Zurich and ACE, alleging that various agreements between the carriers and the broker providing for payment of so-called "back end" or "contingent" commissions violated Florida law. The lawsuit included claims for breach of fiduciary duty, RICO, antitrust conspiracy and other state law claims. Disagreeing with rulings (later overturned by the Third Circuit) entered by a federal court in New Jersey rejecting federal antitrust and RICO claims alleged in a purported nationwide class action, the Florida trial court issued what was the first significant ruling upholding the state law causes of that had been alleged. After three more years of vigorous litigation and discovery involving production by defendants of more than 18 million pages of documents and 38 depositions, the case settled.
Office Depot, Inc. v. Marsh & McLennan Companies, Inc., 21 Mealey's Litig. Rep. Ins. Bad Faith 20; 2007 WL 3339228 (Fla. Cir. Ct., Palm Beach County Sept. 24, 2007).
Contract litigation for investment arm of insurance company, Achieved favorable settlement on behalf of client on its claims for breach of mortgage loan purchase agreement.
Breach of contract litigation for Dash Crofts, Served as local counsel and lead trial counsel for Dash Crofts, of Seals & Crofts, a popular 1970s folk rock group, in defending claims for breach of contract, breach of fiduciary duty and punitive damages. The firm won the breach of contract and punitive damages claims, obtained a verdict of zero damages on the fiduciary duty claim, and prevented the plaintiff from recovering its attorney's fees.
Trade secrets litigation for a major physician staffing and placement firm, The firm served as lead counsel on behalf of a major physician staffing and placement firm in an action against a competitor and former employee to recover trade secret computer data (including customer and client data) misappropriated from our client's secure database.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
05 May 2011, California District Court Dismisses Putative "Flash Cookie" Class Action for Lack of Standing, Lack of Actual Damage, Legal Alerts
10 February 2011, The Latest Litigation Front: Behavioral Advertising
Source: Law 360, Articles
20 December 2010, Settlement reached in Flash Cookie class action defendants agree to push for self-regulatory, Legal Alerts
07 December 2010, Facebook Updates Promotion Guidelines, Legal Alerts
18 November 2010, Flash Cookies: Marketing Tactic Raises Privacy Concerns, Legal Alerts
01 August 2010, Obtaining Assent in Today's e-Conomy (Part 2)
Source: Internet Law & Strategy, Articles
01 July 2010, Obtaining Assent in Today's e-Conomy (Part 1)
Source: Internet Law & Strategy, Articles
28 May 2010, Comprehensive Draft Federal Privacy Bill Released For Discussion - What You Need To Know Now, Legal Alerts
01 January 2009, Security Breach Notification Laws
Source: Technology Litigation Desk Reference, Other Publications
01 January 2009, Obtaining Assent In Today's e-Conomy: How to Ensure Valid Formation of Your Online Agreements
Source: Technology Litigation Desk Reference, Other Publications
01 January 2007, Antitrust Law Developments
Source: ABA Section of Antitrust Law, Books
Corporate Espionage, Emerging Issues
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases