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Nancy Sims

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Nancy is a partner in our Firm's North America Litigation and Government Enforcement Group and is based in our Los Angeles office. Nancy is a commercial litigator focusing on class actions and complex business disputes and investigations. Her previous experience includes representing clients in commercial matters based on contract claims, unfair competition, false advertising, fraud and related business torts in both court litigation and arbitration. In particular, Nancy's litigation practice involves defending class actions in the consumer, franchise, insurance, and labor and employment spaces. Nancy also has significant experience representing franchisors in disputes with franchisees involving joint employer allegations, misclassification claims, contract claims. She has represented clients in putative class actions and other litigation with a combined exposure of over USD 1 billion. In addition, Nancy also has extensive experience conducting corporate internal investigations and government investigations, including those implicating the Foreign Corrupt Practices Act and UK Bribery Act. Nancy also previously served as a full-time judicial extern to the Honorable Steven Reinhardt of the US Court of Appeals for the Ninth Circuit.
In Privacy

United States: Plaintiffs win a round in Video Privacy Protection Act bout before Second Circuit – Salazar vs. National Basketball Association

by , , and 4 Mins Read

In brief The recent surge in cases under the Video Privacy Protection Act (VPPA) underscores its critical role in addressing consumer privacy concerns in the digital age. The 1988 Act prohibits a “video tape service provider”, with certain exceptions, from the disclosure of video rental or purchase records containing personally identifiable information of any “consumer”. The Second Circuit has recently held in Salazar v. National Basketball Association, that the federal statute is “no dinosaur” and…

In Privacy

United States: California Court decision a reminder to review website privacy practices

by , , and 7 Mins Read

In brief In Esparza v. Kohl’s, Inc., Plaintiff brought a putative class action accusing Kohl’s of allowing a third party to unlawfully eavesdrop on him while he had a brief conversation with an agent on a chat feature on Kohl’s website. Kohl’s moved to dismiss all claims, but the United States District Court for the Southern District of California granted the motion only as to the claims for violation of the California Constitution and intrusion upon…

In Wiretapping

United States: Third Circuit decision increases risk of wiretapping liability for website operators

by and 6 Mins Read

In brief In Ashley Popa v. Harriet Carter Gifts, Inc., the Third Circuit reversed a Pennsylvania district court’s grant of summary judgment for defendants on claims that a shopping website and a marketing service violated Pennsylvania anti-wiretapping law by collecting and sharing records of the plaintiff’s digital activities without her consent. This decision is significant because it increases the risk that sharing of electronic data with third-party entities without the consent of the website visitor could…