Kristin J. Madigan is a partner in Crowell & Moring’s San Francisco office and a member of the firm’s Litigation and Privacy & Cybersecurity groups. Kristin focuses her practice on representing clients in high-stakes complex litigation with a focus on technology, as well as privacy and consumer protection matters including product counseling, compliance, investigations, enforcement, and litigation that typically involves existing and emerging technologies. In addition, Kristin is well-versed in and counsels clients on California Consumer Privacy Act (CCPA) compliance. Kristin is a Certified Information Privacy Professional/United States (CIPP/US).
Prior to joining Crowell & Moring, Kristin served as an attorney at the FTC in Washington, D.C., in the Bureau of Consumer Protection, Division of Privacy and Identity Protection. In that role, Kristin led nonpublic investigations and prosecuted unfair and deceptive practices in privacy and data security matters within the FTC’s consumer protection authority.
Kristin joined the FTC after nearly a decade in private practice at another international law firm, where she represented clients in high-stakes patent, trade secret, competition, and complex commercial disputes through trial in the fields of software, hardware, biotechnology, health care, and consumer products.
Kristin is a vice-chair of the ABA Section of Science & Technology Law: Internet of Things, serves on the Board of the San Francisco Bar Association Cybersecurity Section, and serves on the Board of Governors of the Association of Business Trial Lawyers (ABTL) Northern California. She is also an active member of the California Lawyers Association Privacy Law Section, the International Association of Privacy Professionals (IAPP), and the American Bar Association.
Representative Matters
Representative Privacy and Consumer Protection Matters
- Representing a number of clients in connection with ongoing and successfully closed confidential investigations before the Federal Trade Commission, Bureau of Consumer Protection, in the areas of privacy, data security, technology, and financial products.
- Representing a number of clients in connection with California Consumer Privacy Act (CCPA) compliance.
Representative Complex Commercial and Technology-Related Litigation Matters
- Represented a major internet web browser company in Santa Clara Superior Court in a complex contract dispute with a major search engine that was resolved on the eve of trial.
- Represented a public university system in a novel constitutional case in Alameda Superior court, defeating a motion for preliminary injunction which sought to halt implementation of an executive order issued by the university.
- Represented a major internet technology company in the Northern District of California in patent litigation involving software for mobile telephones and tablets, including preliminary injunction phase and a four-week jury trial.
- Represented a global manufacturer in the Central District of California in complex commercial litigation involving copyright, trade secret, contract, and employment allegations, including a three-month jury trial.
- Represented a major internet technology company in the Northern District of California and the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful Federal Circuit petition for a writ of mandamus staying proceedings in Texas.
- Represented a major internet technology company and several hardware manufacturers in the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful motion for summary judgment of noninfringement, affirmed by the Federal Circuit.
- Represented a major biotechnology company and a national reference laboratory in the Central District of California in patent litigation involving genetic testing, including successful motion for summary judgment of invalidity, affirmed by the Federal Circuit.
Representative Class Action Matters
- Represented a major behavioral health company in defense of novel class action allegations in the Northern District of California, successfully narrowing the case and securing a favorable settlement for the client before trial.
- Representing a public university system in defense of class action allegations in Alameda Superior Court.
- Representing a major behavioral health company in a putative class action in the Northern District of California, successfully narrowing the case.
Speeches & Presentations
-
"Privacy in the Multiverse of Madness: Protecting Data in Real Life and Beyond," Internet of Things (IoT) Webinar, 2022.
(September 12, 2022).
Speaker: Kristin Madigan.
-
"U.S. Regulatory and Legal Risks Raised by the Sale of IoT Products," Lexology Webinar.
(December 16, 2021).
Speakers: Cheryl Falvey, Kristin Madigan, and Kate Growley.
-
"Are you Prepared for a Ransomware Attack? Preparing for Threats and Managing the Crisis"
(July 21, 2021).
Presenters: Michael K. Atkinson, Caroline E. Brown, Laura Foggan, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff.
-
"Beyond California - What's Happening in Privacy and Data Security law in the Rest of the US" PLI's 22nd Annual Institute on Privacy and Cybersecurity Law (June 8, 2021).
(June 8, 2021).
Presenter: Kristin J. Madigan.
-
"Federal Consumer Protection Turns Blue," Crowell & Moring Webinar
(February 24, 2021).
Presenters: Lauren Aronson, Christopher A. Cole, Kristin J. Madigan, and Holly A. Melton.
-
"CCPA and CPRA: What Covered Businesses Need to Know About Responding to Requests to Know & Requests to Delete (Part 4)" California Lawyers Association Webinar
(February 24, 2021).
Presenter: Kristin J. Madigan.
-
"CCPA and CPRA: What Covered Businesses Need to Know About Submitting Requests to Know & Requests to Delete (Part 3)" California Lawyers Association Webinar
(February 10, 2021).
Presenter: Kristin J. Madigan.
-
"Global Cross-Border Data Transfers (Part 1)," Crowell & Moring Webinar
(September 16, 2020).
Moderator: Kristin J. Madigan; Presenters: Ambassador Robert Holleyman, Maarten Stassen, Jarno Vanto, and Laurence Winston.
-
"IoT and Privacy: An Orwellian 1984 or Something More?" ABA IoT 2020 Virtual National Institute
(September 9, 2020).
Presenter: Kristin J. Madigan.
-
"Timely Health Care Topics to Beat the CLE Buzzer!" Healthcare Ounce of Prevention Seminar (HOOPS), Los Angeles, CA
(January 23, 2020).
Presenter: Kristin J. Madigan.
-
"Data Privacy, Data Security, and Information Governance," ABA Artificial Intelligence and Robotics National Institute, Santa Clara, CA
(January 10, 2020).
Panelist: Kristin J. Madigan.
-
"HIPAA Update," Silicon Valley Association of General Counsel 31st Annual All Hands Meeting, Santa Clara, CA
(November 19, 2019).
Presenters: Kristin J. Madigan and Brandon C. Ge.
-
"GDPR, CCPA, and other Hot Topics in Data Privacy," Silicon Legal Strategy, San Francisco, CA
(November 11, 2019).
Presenters: Jeffrey L. Poston, Maarten Stassen, Jarno Vanto, Kristin J. Madigan, and Heidi Waem.
-
"CCPA Compliance 101: Preparing for January 1," ACC Southern California
(October 7, 2019).
-
"Mediation, Settlement Conferences, and Case Management," The Practice Program of the Northern District of California, Oakland, CA
(August 1, 2019).
Moderator: Kristin J. Madigan.
-
"Portfolio Legal Forum Virtual Roundtable - Emerging Technology Regulations: Privacy and Data Security," FP Webinar
(May 8, 2019).
Presenter: Kristin J. Madigan.
-
"Is IoT the End of Privacy as We Know It?" ABA’s 4th Annual IoT National Institute, Washington, D.C.
(March 27, 2019).
Panelist: Kristin J. Madigan.
-
"Practitioners’ Panel," The 8th Annual BCLT Privacy Law Forum: Silicon Valley, East Palo Alto, CA
(March 22, 2019).
Panelist: Kristin J. Madigan.
-
"Data Privacy and Cybersecurity in Smart Cities," ABA Smart Cities Conference, Phoenix, AZ
(February 22, 2019).
Panelist: Kristin J. Madigan.
-
"Mediation, Settlement Conferences, and Case Management," The Practice Program of the Northern District of California, Oakland, CA
(July 18, 2018).
Moderator: Kristin J. Madigan.
-
"AV Quarterback Session," Crowell & Moring, Washington, D.C.
(May 8, 2018).
Presenters: Crowell & Moring Autonomous Vehicles Team.
-
"Ladies and Gentlemen of the Jury, Say Hello to Alexa": Litigation Involving the Internet of Things, ABA 2018 Section of Litigation Annual Conference, San Diego, CA
(May 3, 2018).
Presenter: Kristin J. Madigan.
-
"Speed to Market: The Race for Digital Transformation," Crowell & Moring Webinar
(May 3, 2018).
Presenters: Kent A. Gardiner, Cheryl A. Falvey, Paul Rosen, Laura Foggan, and Kristin J. Madigan.
-
"Beyond Bitcoin: Blockchain & The Distribution Industry," HARDI's 2017 Annual Conference, Las Vegas, NV
(December 3, 2017).
Presenters: Matthew B. Welling and Kristin J. Madigan.
-
"Privacy and Cyber Threats - Practical Strategies to Limit Liability," San Francisco, CA
(September 14, 2017).
Presenters: Kristin J. Madigan and Nathanial J. Wood.
-
"Privacy and Cyber Threats - Practical Strategies to Limit Liability," Palo Alto, CA
(September 13, 2017).
Presenters: Kristin J. Madigan and Nathanial J. Wood.
-
"IoT Litigation and Liability Wake-Up Call," Second Internet of Things (IoT) National Institute, Washington, D.C
(May 11, 2017).
Presenters: Cheryl A. Falvey, Clifford J. Zatz and Kristin J. Madigan.
-
"Consumer Protection 2.0," Crowell & Moring Webinar
(January 5, 2017).
Presenters: Christopher A. Cole, Peter B. Miller, and Kristin J. Madigan.
-
"Consumer Privacy Protection Update," Silicon Valley Association of General Counsel 28th Annual All Hands Meeting, Santa Clara, CA
(November 16, 2016).
Presenters: Jeffrey L. Poston and Kristin J. Madigan.
-
"HIPAA Update," Silicon Valley Association of General Counsel 28th Annual All Hands Meeting, Santa Clara, CA
(November 16, 2016).
Presenters: Jodi G. Daniel and Kristin J. Madigan.
Publications
-
"Privacy And Cybersecurity For Retailers In The Metaverse," Total Retail
(October 19, 2022).
Authors: Kristin J. Madigan, and Jacob Canter.
-
"The California Privacy Rights Act: Understanding California’s Latest Voter-Approved Consumer Data Privacy Law And Its Impact On The CCPA," OC Lawyer
(March 2, 2021).
Authors: Paul M. Rosen, Kristin J. Madigan, and Christy Markos.
-
"A Tangled Web: How the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation," Crowell & Moring's Litigation Forecast 2020
(January 22, 2020).
Contributors: Jeffrey L. Poston, Cheryl A. Falvey, Evan D. Wolff, Paul M. Rosen, Jennifer S. Romano, Kristin J. Madigan, Gabriel M. Ramsey, and Laurence Winston.
-
"IoT: Solving the Speed to Market and Privacy/Data Security Paradox," Technical Curiosa
(June 19, 2018).
Author: Kristin J. Madigan.
-
"Regulatory Rules Of The Road For IoT Manufacturers," Law360
(July 28, 2017).
Authors: Evan D. Wolff, Jeffrey L. Poston, Peter B. Miller, Kristin J. Madigan, and Stephanie A. Reiter.
-
"Consumer Protection – The FCC and FTC Move into Closer Alignment," Crowell & Moring's Regulatory Forecast 2017
(May 2017).
Client Alerts & Newsletters
-
"$1.2 Million CCPA Settlement with Sephora Focuses on Sale of Personal Information and Global Privacy Controls,"
Privacy Law Alert
(September 13, 2022).
Contacts: Kristin J. Madigan, CIPP/US, Christiana State, CIPP/US, CIPP/E, Garylene (Gage) Javier, CIPP/US, Jacob Canter, Sarah Rippy
-
"FTC Publishes an Advance Notice of Proposed Rulemaking Regarding Commercial Surveillance and Data Security,"
Privacy Law Alert
(August 19, 2022).
Contacts: Sarah Rippy, Jeane A. Thomas, CIPP/E, Jodi G. Daniel, Kristin J. Madigan, CIPP/US
-
"Biden Executive Order on Competition Includes Recommended Action on Internet Platform Industries and Privacy,"
Privacy Law Alert
(July 13, 2021).
Contacts: Kristin J. Madigan, CIPP/US, Jeane A. Thomas, CIPP/E, Jeffrey L. Poston
-
"11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split,"
Privacy Law Alert
(February 9, 2021).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Jennifer S. Romano, Nathanial J. Wood, Jacob Canter
-
"FTC Sharpens Focus on Biometrics with Facial Recognition Settlement,"
Administrative Law Alert
(February 9, 2021).
Contacts: Kristin J. Madigan, CIPP/US, Helen O. Ogunyanwo
-
"NIST Keeps IoT Hot with Draft Guidance,"
Administrative Law Alert
(January 22, 2021).
Contact: Kristin J. Madigan, CIPP/US
-
"IoT Goes Federal under Newly Signed Law,"
Government Contracts Bullet Points
(December 10, 2020).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff
-
"CCPA 2.0? California Adopts Sweeping New Data Privacy Protections,"
Privacy Law Alert
(November 6, 2020).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"California Approves Final CCPA Regulations,"
Privacy Law Alert
(August 17, 2020).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Maida Oringher Lerner
-
"Mobile Applications For COVID Tracking & Tracing – Balancing the Need for Personal Information and Privacy Rights in the Time of Coronavirus,"
Privacy Law Alert
(April 15, 2020).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Matthew B. Welling, Evan D. Wolff, Brandon C. Ge, Michael G. Gruden, CIPP/G
-
"CCPA Enforcement on Track for July 1, 2020: Breaking Down the Latest Revisions to CCPA Proposed Regulations,"
Privacy Law Alert
(April 1, 2020).
Contacts: Jeffrey L. Poston, Kristin J. Madigan, CIPP/US
-
"And So It Begins: The First CCPA Class Action,"
Privacy Law Alert
(March 20, 2020).
Contacts: Jeffrey L. Poston, Nathanial J. Wood, Kristin J. Madigan, CIPP/US, Gabriel M. Ramsey
-
"California Attorney General Releases Proposed Updates to CCPA Regulations,"
Privacy Law Alert
(February 11, 2020).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"NIST Floats Revised IoT Guidance as California Law Goes Into Effect,"
Privacy Law Alert
(January 28, 2020).
Contacts: Cheryl A. Falvey, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"California’s Landmark Privacy Law Now in Effect,"
Privacy Law Alert
(January 13, 2020).
Contacts: Jeffrey L. Poston, Kristin J. Madigan, CIPP/US, Brandon C. Ge
-
"Proposed CCPA Regulations from California Attorney General: Part IV – Service Providers & Financial Incentives,"
Privacy Law Alert
(December 9, 2019).
Contacts: Kristin J. Madigan, CIPP/US, Jeane A. Thomas, CIPP/E
-
"Proposed CCPA Regulations from California Attorney General: Part III – An Analysis of the Requirement to Verify Consumer Requests and Parental Consents,"
Privacy Law Alert
(November 13, 2019).
Contacts: Kristin J. Madigan, CIPP/US, Jeane A. Thomas, CIPP/E
-
"Proposed CCPA Regulations from California Attorney General: Part II -- An Analysis of Handling Consumer Requests under the CCPA,"
Privacy Law Alert
(October 18, 2019).
Contacts: Jeane A. Thomas, CIPP/E, Kristin J. Madigan, CIPP/US
-
"UPDATE: California Governor Signs CCPA, Data Breach Amendments,"
Privacy Law Alert
(October 17, 2019).
Contact: Kristin J. Madigan, CIPP/US
-
"Proposed CCPA Regulations from California Attorney General Just Issued: Part I – An Analysis of Required Consumer Notice,"
Privacy Law Alert
(October 15, 2019).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"Final CCPA Amendments Move to Governor’s Desk,"
Privacy Law Alert
(September 20, 2019).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"California Considers Bill to Expand CCPA,"
Privacy Law Alert
(March 1, 2019).
Contacts: Jeffrey L. Poston, Kristin J. Madigan, CIPP/US
-
"California Department of Justice Announces Public Forums on California Consumer Privacy Act (CCPA) as Part of Rulemaking Process,"
Privacy Law Alert
(January 4, 2019).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston
-
"Lessons From the House Report on the Equifax Breach,"
Privacy Law Alert
(December 20, 2018).
Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff
-
"New Full Slate of FTC Commissioners Will Face Unique Challenges and Opportunities,"
Antitrust Law Alert
(April 30, 2018).
Contacts: Andrew I. Gavil, Alexis J. Gilman, Lisa Kimmel, Ph.D., Wm. Randolph Smith, Kristin J. Madigan, CIPP/US, Angel Prado
Press Coverage
Firm News & Announcements