Founding Partner: Marc Zwillinger
Number of partners: 9
Number of lawyers: 29
Languages: English, French, Russian, Spanish
ZwillGen has built a strong practice counseling the nation’s leading internet companies and handling their highest profile online legal issues, including data privacy, security, and online risks. Through this work, ZwillGen attorneys have been leaders and significant contributors shaping the ongoing evolution and future landscape of the field of internet law.
Following years of running practice groups at the nation’s largest law firms, ZwillGen was created in order to provide thoughtful and practical solutions more efficiently. Today, ZwillGen offers unique services from a team of highly specialized attorneys, some of whom have spent the last 20 years developing their knowledge and experience with leading clients, firms, and issues. In addition, ZwillGen makes legal advice more accessible to its clients by replacing the traditional hourly law firm model where possible with innovative approaches that directly align firm incentives with client success.
Main Areas of Practice:
Breach Notification & Incident Response
Copyright Infringement & DMCA
End-User Policies, TOS, & Privacy Policies
Fraud, Phishing, Spam & Other Online Abuses
FTC & State AG Investigations
Internet Gaming & Gambling
Law Enforcement & Surveillance
Privacy & Data Protection
Privacy & Data Protection: ZwillGen attorneys advise on the technical, administrative, and physical safeguards for information security and data protection as required by federal, state, and international laws. They develop consumer-facing and internal privacy and security policies and incident response plans that bring companies into compliance with applicable laws such as GDPR or CCPA and help keep companies in pace with industry standards. ZwillGen also assists on privacy-related due diligence for transactions.
Law Enforcement & Surveillance:
The firm’s attorneys advise prominent companies on their rights and responsibilities in responding to requests for subscriber information by law enforcement, intelligence agencies, criminal defendants, and civil litigants. ZwillGen has lawyers who have taught law school courses, and trained state, federal, and international law enforcement on laws related to lawful access to subscriber data. ZwillGen also litigates ECPA, FISA, and All Writs Act issues regularly.
FTC & State AG Investigations:
ZwillGen attorneys guide clients through FTC and State AG investigations — respond to CIDs and access letters, discuss and address regulators’ concerns, and negotiate settlements. Investigations have involved claims for deception and/or unfairness under Section 5 of the FTC Act, concerns about privacy, data security, endorsements, marketing, COPPA, and cross border data transfers.
Although ZwillGen prides itself on helping clients achieve objectives while mitigating litigation risk, in some cases, litigation is unavoidable. Accordingly, ZwillGen attorneys have defended clients in class actions brought under federal statutes such as the Wiretap Act, the Stored Communications Act, the Video Privacy Protection Act, the Computer Fraud and Abuse Act, the Telephone Consumer Protection Act, as well as state statutes such as Michigan’s Video Rental Privacy Act, California’s Invasion of Privacy Act, and numerous state unfair competition laws.
Internet Gambling, Fantasy Sports & Video Games:
ZwillGen works with industry-leading game publishers and smaller developers on issues related to apps, gaming, gambling, and fantasy sports as well as traditional video games. The firm counsels on compliance with state and federal gambling laws, provides opinions on the legality of operations, and advises clients on marketing, behavioral advertising, content moderation, and fraud detection.
ZwillGen has experience in developing and implementing subpoena compliance programs. They have trained employees, developed ECPA matrices, designed and issued transparency reports, and managed full implementation and execution. Whether a company is receiving civil demands, grand jury subpoenas, or national security process, ZwillGen can assist.
In 2019, ZwillGen provided legal services to over 400 clients — from Fortune 100 companies to startups. The firm represents prominent internet portals, internet service providers, video game publishers, social application developers and social networking websites, cable and satellite television providers, media entities, wireless carriers, online fantasy sports providers, internet and computer security firms, investment banks, hedge funds, and a variety of traditional brick and mortar businesses in connection with their online practices. Among others, the firm and its lawyers have represented Airbnb, Ancestry, Avvo, Bird, Bose, Discovery, FanDuel, GoPro, Lyft, NBC Universal, Postmates, Ring, Tapjoy, Udemy, Verizon, WhatsApp, and Yahoo.