Kristy McAlister Brown is co-chair of the firm's Litigation & Trial Practice Group and leads the firm’s Privacy and Cybersecurity Litigation Practice Team. Ms. Brown focuses her practice on complex commercial litigation, with an emphasis on class action and privacy litigation. She has defended putative class actions across the country and has a strong track record of defeating class certification—both at the trial and appellate levels. Ms. Brown is an experienced privacy litigator. She has defended class actions brought under the Electronic Communications Privacy Act, Computer Fraud and Abuse Act and Telephone Consumer Protection Act, as well as class actions asserting deceptive trade practice claims based on privacy practices. Ms. Brown also has significant experience defending Federal Trade Commission and state attorney general investigations relating to privacy and business practice issues.
In addition to her privacy litigation experience, Ms. Brown has represented clients in complex commercial litigation involving many types of claims, including antitrust, deceptive trade practices, unfair competition, products liability and accountant’s liability. Ms. Brown’s clients have included several leading wireless service providers, a manufacturer of wireless telephones, a leading rent-to-own company and a Big Four accounting firm.
Ms. Brown was recognized by BTI as a Client Service All-Star in 2014.
Areas of Concentration
- Privacy & Cybersecurity Litigation
- Class Action
- HIPAA/Health Information Privacy & Security
- Privacy & Data Security
- Technology & Telecommunications Litigation
- Cybersecurity Preparedness & Response
- State Attorneys General Practice Team
Credit Card Processor Class Action — Obtained dismissal of a putative nationwide class action against a credit card processor arising out of a data breach.
Retailer Class Action — Obtained dismissal of a putative nationwide class action against an online retailer based on alleged security vulnerabilities on its website.
Wireless Service Provider Class Action — Defeated class certification in a nationwide consumer class action brought against a leading wireless service provider in federal court in Alabama. Won again when the Eleventh Circuit affirmed.
Eleventh Circuit Dispute — Obtained Eleventh Circuit’s reversal of an order granting class certification on claims challenging a major wireless service provider’s sales commission policies.
Third Circuit Dispute — Won Third Circuit appeal reversing a denial of motion to compel arbitration in a putative nationwide class action