Dominique R. Shelton - Alston & Bird LLP

Dominique R. Shelton

Listed in Best Lawyers since 2016

Dominique Shelton is a partner in Alston & Bird’s Technology & Privacy Group.  She is located in the firm’s Los Angeles office. She focuses her practice on privacy, data security and unfair competition. Dominique provides strategic privacy and cyber preparedness compliance counseling on cutting-edge issues such as security, mobile apps, Internet of Things, the Video Privacy Protection Act, Big Data, digital marketing and the cloud. She also leads data breach investigations, defends regulatory actions and provides subject matter leadership in privacy consumer as well as business to business class action litigation. In 2012, she was named Intellectual Property Lawyer of the Year by the Century City Bar Association. In 2014, she was named one of the Most Influential Lawyers: Digital Media and E-Commerce Law by the Los Angeles Business Journal. In 2014, The Recorder named her as a Leader in Technology Law. In 2015, the Los Angeles Business Journal named her one of the Most Influential Lawyers in White Collar & Cyber Crimes Law. She has also been named to the 2016 list of Best Lawyers for Privacy and Data Security Law. 
She has litigated privacy and data security matters and has negotiated with regulators such as the California AG and FTC. 

Dominique represents Fortune 500 companies, startups and privately held companies across a broad spectrum of industries, including entertainment, health care, finance, digital advertising, retail and telecommunications.

Brown UniversityBA Georgetown UniversityJ.D.

Case History

Privacy Counseling
  • Preparing a comprehensive review of over 100 FTC enforcement actions in the areas of privacy and cybersecurity to form the basis of legal assessments of company best practices in the areas of cybersecurity, cloud storage, Big Data, mobile and privacy.
  • Preparing board reports for a publicly traded company concerning legal compliance with privacy and cybersecurity best practices. 
  • Conducting employee, HR and IT interviews as part of a comprehensive legal assessment of adequacy of privacy and cybersecurity policies. 
  • Advising a major medical device company on mobile medical application, Big Data, compliance with HIPAA privacy and security rules, the California Confidentiality of Medical Information Act (CMIA), cloud storage and privacy notices, policies and other privacy disclosures for its website for patient social networking and communication with health care advisors. 
  • Advising the largest online auction website on compliance with HIPAA and the CMIA and preparing valid authorization for online sales of prescription eyeglasses by an online retailer. 
  • Advising a health tech company regarding its online portal for diagnosis of ADHD, concerning compliance with HIPAA and the CMIA, and preparing privacy policies and CMIA disclosures. 
  • Advising a health tech social networking and review site on Big Data and website privacy disclosures. 
  • Advising a health care insurance plan on Health 2.0, privacy policies and doctor blogging. 
Part 2
  • Advising an online medical billing company on compliance with the CMIA and consumer privacy disclosures, and preparing its website privacy notice, terms of use and CMIA authorization. 
  • Assisting a medical billing company with compliance with an FTC enforcement order, and creating an updated website privacy policy, terms of use and website disclosures. 
  • Conducting privacy due diligence in connection with a Fortune 100 consulting company’s acquisition of two medical billing companies. 
  • Assisting large restaurant chains on privacy and cybersecurity compliance in the areas of cloud, Big Data and mobile. 
  • Assisting a sports club in the NBA on cloud security issues. 
  • Advising a publicly traded media company on cloud and vendor management cybersecurity best practices. 
  • Advising companies on “Do Not Track” and behavioral advertising and industry best practices as articulated by the FTC, CA AG and self-regulatory groups DAA, IAB, NAI, TRUSTe and Better Business Bureau. 
  • Advising significant financial entities, e-commerce sites and media and entertainment companies on best practices for mobile privacy compliance. 
Part 3
  • Counseling companies on best practices for collection of data through digital advertising promotions, contests and sweepstakes. 
  • Counseling clients regarding best practices for use of data in data management platforms (DMP) and other Big Data database platforms. 
  • Advising clients on best practices for sharing data with affiliates, co-branded marketing teams and third parties. 
  • Advising clients on compliance with the Children’s Online Privacy Protection Act (COPPA). 
  • Counseling clients on developments with litigation involving the Video Privacy Protection Act (VPPA) and how to achieve compliance with amendments. 
  • Conducting data security audits and assisting with cybersecurity programs to implement data governance standards and best practices for data security.
Data Breach Investigations
  • Project lead for a breach investigation for a global retail brand. 
  • Participating in a breach investigation for a national retailer. 
  • Leading a forensic breach investigation for a financial institution.
  • Leading a breach investigation for a global e-commerce website. 
  • Leading a forensic breach investigation for an online service for a health and wellness mobile app. 
  • Leading a forensic breach investigation and consumer notification for a global media company. 
  • Leading a forensic breach investigation for a national consumer product retailer.
Cyber Preparedness Counseling
  • Leading a comprehensive data security legal assessment.
  • Leading a cybersecurity preparedness program for a financial institution and serving as outside counsel member of its Cybersecurity Incident Response Team. 
  • Leading a privacy and data security legal assessment compliant with NIST Cybersecurity Framework (Feb. 2014) ID.GV-3. 
  • Leading a review of data security and IT policies for a cloud service provider for compliance with the NIST Cybersecurity Framework. 
  • Leading a privacy and data security legal assessment for a media company.
  • Obtained denial of class certification in privacy class action litigation in which statutory damages were up to $29 billion.
  • Defending a national retailer in a data breach consumer class action. 
  • Defended a technology company and obtained denial of a temporary restraining order and permanent injunction. 
  • Representing a technology company in a $40 million copyright litigation against a government contractor, and obtained denial of summary judgment where the court rejected the defendants’ government contractor defense. Obtained a second denial of summary judgment on copyright claims. 
  • Representing a technology company in multimillion-dollar copyright and trademark litigation. 
  • Representing a media agency in intellectual property litigation related to maladvertisement under the Copyright Act, Lanham Act and Anticybersquatting Consumer Protection Act. 
  • Representing a bankruptcy trustee in significant litigation concerning ownership of a digital music catalogue. 
  • Representing a financial institution in enforcement actions pertaining to its online intellectual property protection, including trademark infringement. 
  • Representing large companies in class action litigation in state and federal courts, including class action litigation pertaining to the Fair and Accurate Credit Card Transactions Act (FACTA). 
  • Represented a national automobile company regarding an online copyright and trademark enforcement program, which settled favorably for the client. 
Part 2
  • Defended a manufacturer of inkjet refill kits against a competitor’s claims for recovery based upon theories of trademark infringement, trade dress and dilution. 
  • Defended a medical device manufacturer in a patent revocation lawsuit, quickly preventing revocation of the patent that was at the core of the client’s business. 
  • Defended a major Los Angeles-based art museum in a trademark infringement and unfair competition case relating to claims under the Lanham Act, California state trademark law and California’s Unfair Business Practices Act, resulting in no out-of-pocket payments by the client. 
  • Represented the fourth-largest distributor of electronic components in a trademark infringement lawsuit against a competitor that was using the client’s mark in print and online. Obtained a final injunction order in the Central District of California preventing the use of the mark and revoking the web domain name under the Uniform Domain Name Dispute Resolution Policy administrative procedures. 
Part 3
  • Represented a private venture capital fund in recovering damages from radio station owners in Dayton, Ohio, for breach of promissory notes, guarantees and security instruments. Obtained summary judgment and ruling for receiver after the defendant filed for bankruptcy. 
  • Advising advertisers, product manufacturers, smart phone application developers, major entertainment associations, production companies, media and event companies and cable studios regarding intellectual property, privacy and regulatory issues arising from Web 2.0, social networking websites, user-generated content, mobile content and digital advertising. 
  • Represented a web-to-online video-on-demand channel in intellectual property licensing litigation in California and Massachusetts.

Office Location

333 South Hope Street, 16th Floor
Los Angeles, CA 90071-3004
United States

Practice Areas

Privacy and Data Security Law