Photograph of Kristin J. Madigan, CIPP/US

Government Experience

  • Federal Trade Commission—Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection (2015-2016)

Education

  • University of California, San Diego, B.A. (1999) cum laude with honors
  • University of California, Berkeley School of Law, J.D. (2004)

Admissions

  • California

Languages

  • Spanish

A Tangled Web: How the Internet of Things and AI Expose Companies to Increased Tort, Privacy, and Cybersecurity Litigation


Click to read this article from
Crowell & Moring's Litigation Forecast 2020.
Litigation Forecast 2020

Kristin J. Madigan, CIPP/US

Partner
San Francisco
kmadigan@crowell.com
Phone: +1 415.365.7233
3 Embarcadero Center, 26th Floor
San Francisco, CA 94111

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 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.

Affiliations

Admitted to practice: California, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Federal Circuit


Speeches & Presentations

  • "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 Protection Enforcement Activities and Compliance Strategies," LSI's 25th Annual Seattle Conference on Technology Law, Seattle, WA (December 2, 2016). Presenters: Christopher A. Cole 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


Client Alerts & Newsletters


Media Mentions


Firm News & Announcements

Dec.21.2020 LITIGATION NOTE: Crowell & Moring Defeats Preliminary Injunction Motion, Securing Swift Dismissal of Case Seeking to Halt University of California Flu Vaccination Requirement
Jan.02.2020 Crowell & Moring Elects Eight New Partners and Promotes Seven to Senior Counsel and 26 to Counsel Positions