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David A. Bateman

Partner
+1.206.370.6682
Fax +1.206.370.6013

David Bateman is a trial lawyer and focuses on Internet law, technology law, and intellectual property litigation. David represents clients in high profile litigation matters, and provides counseling to clients on privacy, social media, online marketing, data protection and breach response, and other issues in the Internet space.

A nationally recognized leader in Internet, e–commerce, and software litigation, David has been lead counsel in hundreds of lawsuits against spammers, software pirates, phishers, cybersquatters, and Internet trolls. He has worked cooperatively with major ISPs, social media platforms, tech industry participants, and state and federal government agencies in the battle against online consumer deception, fraud, and privacy invasions.

In addition, he routinely defends technology companies, online retailers, affiliate programs, and ad platforms in class action litigation and government investigations and enforcement actions.

David also advises clients about cybersecurity risks, data breach response planning, and corporate governance in the cybersecurity field. He has participated in dozens of data breach incidents, and is a frequent speaker on the protection of computer systems, trade secrets, and intellectual property. David is a leader in the firm’s Cyber Law and Cybersecurity practice.

David is a co-founder of the Cyber Civil Rights Legal Project (CCRLP), a global K&L Gates pro bono project providing legal services to victims of nonconsensual pornography (i.e., “revenge porn”) whose sexually explicit images are distributed and displayed online without consent. The CCRLP utilizes the firm’s elite cybersecurity and cyber forensics practices, allowing volunteers to deliver quality pro bono services to victims across the globe. Since its inception in late 2014, the CCRLP already has helped thousands of victims fight back against cyber harassment and reclaim their online identities.

Achievements

  • Pro Bono APEX Award 2016, Washington State Bar Association
  • Selected to the Washington Super Lawyers List (2004-2016)
  • Listed in The Best Lawyers in America since 2006

Professional/Civic Activities

  • Member, International Association of Privacy Professionals (IAPP)

Speaking Engagements

  • “The Real World of Online Harassment and its Consequences,” Grays Harbor Community College, June 2016
  • Data Breaches and Trade Secrets CLE (ABA Annual Meeting 2015)
  • “Revenge Porn – a Plaintiff’s Perspective,” Washington Defense Trial Lawyers Association, December 2015
  • “The Intersection of Trade Secret Protection and Cyber Security,” Trade Secret Law and Strategies, October 2015
  • “After Anthem: Cybersecurity, Data Privacy, and Cyber-Resilience for the Health Care Sector,” May 2015
  • “Cyberattacks on IP: Response and Prevention,” IP Chat Channel, February 2015
  • “Understanding Cyber Risks and Security Options,” December 2014
  • “Using Social Media in Your Practice —Legal Issues and Risks”, ALI Seminar, January 2014
  • "Critical Briefing: Cyber Threats, Crimes, and Security,” June 2013
  • 3rd Annual Domestic Violence Conference, King County Prosecutor’s Office, September 2011
  • “Intellectual Property Protection in the Cloud / Enforcement,” Cloud Computing Conference, May 2010
Media
  • “Law Firm Founds Project to Fight ‘Revenge Porn,’” New York Times, January 29, 2015
  • “Amazon Sues More Than 1,000 Does for Writing Fake Reviews,” Lexis Legal News, October 20, 2015
  • “In ‘Revenge Porn’ Case, Criminal Court Decision May Affect Lawsuit,” New York Times, April 1, 2016
  • “Copyright Law and the Fight Against Revenge Porn: Q&A With David Bateman of the Cyber Civil Rights Legal Project,” JD Supra, February 19, 2015
  • “David Bateman Receives Pro Bono Award,” Washington State Bar Association, September 30, 2016
  • “Seattle Tech Companies Join Lawyers in Fight Against Revenge Porn,” Puget Sound Business Journal, August 5, 2016
  • “PA Prosecutors Quick to Put ‘Revenge Porn’ Law to Work,” Triblive, May 30, 2015
  • “Special Report: A Year of Public Service Help for Victims of 'Revenge Porn,'” AmericanLawyer.com, June 27, 2016
  • Served as lead trial lawyer in Microsoft's nationwide Internet safety and security litigation efforts, heading programmatic litigation in spam, phishing, spyware, click-fraud and malvertizing enforcement
  • Served as lead trial lawyer for major online retailers in domain name defense efforts and cybersquatting litigation
  • Obtained $8.9 million verdict in jury trial against online cyberstalker
  • Defended affiliate marketing program in FTC enforcement action regarding “fake news” sites
  • Defended medical payment processor in data breach class action litigation
  • Filed first civil action under federal CANSPAM Act
  • Obtained $3.4 million judgment against spyware distributor
  • Defended software manufacturer in consumer class action alleging Computer Fraud and Abuse Act violations and spyware claims
  • Represented music publishers and software manufacturers managing national, programmatic copyright infringement and piracy litigation
  • Served as lead counsel for technology company in successful bench trial to protect trade secrets and enforce employee non–compete agreement
  • Defended local start–up company in trade secret and non–compete litigation
  • Represented national mobile phone service provider in employee theft litigation
  • Defeated class certification of anti–spam allegations brought by consumers against national retailer of copier and printer products
  • Defended national insurer in class action lawsuit involving allegations relating to consumer credit insurance
  • Defended securities issuer in class action securities litigation and derivative suit. Obtained sanctions against class representative and class counsel
Trained as a trial lawyer, David's practice focuses on litigation, arbitration and alternative methods of dispute resolution. David has extensive experience in complex civil litigation, with an emphasis on commercial disputes, employment claims, and consumer finance and insurance matters. David has defended corporate clients in individual and class action cases relating to securities law, employment discrimination, intellectual property law, advertising and Consumer Protection Act claims.

David has appeared in state and federal courts throughout Washington, Oregon and Alaska. He has been selected as lead trial counsel for national, regional and local clients, and has both jury and bench trial experience. He has managed portfolios of litigation for a variety of clients, and has assisted clients in developing strategies to undertake efficient dispute resolution programs and techniques.

Representative Cases
  • Lead trial lawyer in defense of numerous employment litigation matters for national mobile phone service provider. King County Superior Court, 2001.
  • Obtained defense verdict in age discrimination jury trial for prominent defense contractor. Benton County Superior Court, 2001.
  • Defended local start-up company in trade secret litigation. King County Superior Court, 2001.
  • Lead trial lawyer in successful bench trial to enforce employee non-compete agreement. King County Superior Court, 2002.
Class Action Litigation
  • Defended national mobile phone service provider in class action alleging billing failures. King County Superior Court, 2002.
  • Defeated class certification of anti-Spam fax allegations brought by consumers against national retailer of copier and printer products. King County Superior Court, 1998.
  • Defended employer in nationwide race discrimination class action lawsuit. U.S. District Court, Western District of Washington, 2001.
  • Represented nationwide employer in failure-to-pay class action by current and former employees. Defeated class certification. Snohomish County Superior Court, 1998.
  • Defended issuer in class action securities litigation and derivative suit. U.S. District Court, Western District of Washington, 1997
  • Represented ticketing agency in class action litigation brought by disappointed Michael Jackson fans. King County Superior Court, 1992, appealed to Washington State Supreme Court.
Litigation Management
  • Managed portfolio of copyright infringement actions for national music licensing organization.
  • Managed regional litigation enforcement plan for national consumer lender.
  • Designed and managed significant aspects of discovery and trial preparation in multi-district litigation matters.