Brian Frontino is part of the firm’s Financial Services/Class Action Practice Group and handles complex litigation, including both individual and class actions. In particular, Mr. Frontino has extensive knowledge of state and federal laws relating to data security and privacy, debt collection, credit reporting, military lendin automobile finance, unfair business practices and other consumer protection statutes. He represents a wide array of companies, including credit card issuers, mortgage lenders, consumer reporting agencies, e-commerce companies, automotive finance companies and student lenders. Mr. Frontino appears in state and federal courts around the country, at both the trial and appellate levels.
Beginning in the summer of 2008, Mr. Frontino provided extensive strategic advice and counsel to a major benefits administrator relating to security breach notification requirements. The incident involved apparent loss of electronically-stored Social Security numbers and health information while in transit overseas to a storage facility. Mr. Frontino’s successful rapid response to the incident resulted in no major litigation or administrative penalties, and Mr. Frontino continues to provide strategic advice to the client on these issues as they arise. This experience led to his recent involvement in drafting a data security breach policy for the U.S. operations of a major Japanese consumer products retailer.
Mr. Frontino also has successfully defended state and federal privacy actions. Most recently, he obtained a decisive victory on behalf of Zappos.com, Inc., when the U.S. District Court for the District of Nevada dismissed a putative class action complaint arising from a data security incident the company suffered in 2012.
Mr. Frontino also participated in obtaining a dismissal at the pleading stage of a California state class action alleging identity theft in connection with the opening of retail consumer credit card accounts, and has participated in obtaining dismissal of a federal class action alleging harm based on the theft of multiple desktop computers containing confidential financial information for thousands of consumers, including plaintiff, during a break-in at a secure facility. Mr. Frontino also routinely defends clients in opposing discovery of non-public information of unnamed class members in consumer class actions.