Michael Rhodes, the charismatic chair of Cooley’s privacy and data protection practice, took the stage at an awards dinner in late April with an extra bounce in his step—and a blunt prediction for his colleagues in the plaintiffs privacy bar: “I suspect a lot of people, perhaps on the plaintiffs side, will be out of work within the year.”
Rhodes was referring mainly to the U.S. Supreme Court’s decision earlier that same day to grant review in Spokeo v. Robins, a case that has the potential to radically reshape privacy litigation. But his remarks also reflected growing confidence among defense lawyers that they have a grip on the legal threat posed by suits that seek to hold companies accountable for improperly collecting, selling off, rifling through or failing to protect customers’ data.
