Practice Expertise

  • Litigation & Dispute Resolution
  • Privacy, Data Security and Information ...
  • Litigation & Dispute Resolution
  • Financial Services

Areas of Practice

  • Financial Services
  • Litigation & Dispute Resolution
  • Litigation & Dispute Resolution
  • Privacy, Data Security and Information ...
  • Business Disruption Strategies
  • Real Estate
  • View More

Profile

Batya is the chair of the firm's Litigation Section and co-chair of the Privacy, Data Security and Information Governance group. She is a Certified Information Privacy Professional (US) with the International Association of Privacy Professionals (IAPP.org). Batya counsels clients regarding privacy policies, compliance issues, data breach response and related insurance coverage issues, across multiple industries and jurisdictions.

Batya previously chaired the firm's Business Litigation Practice Group. Her banking and business litigation practice includes bringing and defending all types of complex contract actions related to professional services, vendor and customer disputes. Her business-owner matters have included minority shareholder dissolution actions, dissenter's rights actions, breach of fiduciary duty and fraud from the initial stages of litigation through fair value appraisals and buy-outs in real estate, manufacturing and transportation. Batya's real estate litigation experience includes commercial leases, eminent domain proceedings and purchase and sale transactions.

Bar Admissions

  • California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Central District of California

Education
J.D., with honors, Golden Gate University School of Law (1997)
B.A., University of Pennsylvania (1992)

Areas of Practice

  • Financial Services
  • Litigation & Dispute Resolution
  • Litigation & Dispute Resolution
  • Privacy, Data Security and Information Governance
  • Business Disruption Strategies
  • Real Estate

Professional Career

Significant Accomplishments

Counsel various clients on privacy policies, compliance issues, data breach response and related insurance coverage issues

Advise public transit agency client on contract involving third party collection, processing and off-site storage of employee data

Advised retail client regarding requests for Personally Identifiable Information (PII) at California bricks and mortar stores

Defend large financial institution in various litigation matters related to vendor disputes and customer account related disputes

Represent large healthcare company in various substantial contract disputes

Defeated a $4.6 million claim in arbitration for breach of contract and obtained an award for damages on behalf of renowned international sporting event company against head licensee merchandising company

Won trial defeating local healthcare district’s right to take client’s leased office space by eminent domain, including an award of attorney’s fees

Represented 50% shareholders of a family-owned manufacturing company in an action for dissolution that led to a favorable buyout

Represented shareholder in the buy-out phase of a family dispute involving alleged breaches of fiduciary duties and self-dealing related to ownership and operation of substantial commercial real estate holdings

Represented shareholder in a freeze-out of a real estate holding company, leading to extraordinary dividend payment and restructuring of corporate governance

Represented founding shareholders in a family-run transportation company against two takeover attempts brought by other minority shareholders under dissolution statutes

Represented dissenter to a corporate merger transaction where client alleged under-valuation under a dissenters' rights statute, leading to a higher payout to the dissenter

Represented initial investor and shareholder in a telecommunications venture in dispute with a majority owner engaged in self-dealing, leading to a favorable buyout

Represented two founding shareholders against a third shareholder alleging fraud and breach of contract where the primary asset in dispute was a purported license to sell the clients' original intellectual property

Represented two beneficiaries of a large family trust against a sibling/trustee in a dispute involving alleged breaches of fiduciary duties and self-dealing related to management of life insurance trusts and ownership and operation of substantial commercial real estate holdings



Professional Associations
  • Association of Business Trial Lawyers, Board of Governors
  • International Association of Privacy Professionals, CIPP/US
  • California Cybersecurity Information Sharing Organization, Board Member
  • Bay Area Council Cybersecurity Committee, Co-Chair
  • Association of Business Trial Lawyers (ABTL)
  • San Francisco Bank Attorneys Association
  • Western Independent Bankers Association
  • Bar Association of San Francisco

Professional Activities and Experience
Accolades
  • Recommended Lawyer, The Legal 500 (2019)
  • Wiley W. Manuel Award for Pro Bono Legal Services (2002, 2003, 2005)


Articles

"California Consumer Privacy Act 2.0 – What You Need to Know," co-author, Privacy, Data Security and Information Governance Law Alert (November 2020)
"Temporary Relief For CA Business From The CCPA: Employee and B2B Exemptions Extended Another Year," co-author, Privacy, Data Security and Information Governance Law Alert (September 2020)
"Privacy Alert: Zoom or Not to Zoom?," co-author, Privacy, Data Security and Information Governance Law Alert (April 2020)
"COVID-19 and CCPA: No Delay in Enforcement," co-author, Privacy, Data Security and Information Governance Law Alert (March 2020)
"What Does Enforcement Really Look Like?,” co-author, USLAW (September 2018)
"The GDPR's Idea of Consent Isn't the Same as the U.S. Legal Framework,”  co-author, Legaltech News (June 2018)
"Processor Compliance with the GDPR: A 101," co-author, The Privacy Advisor (January 2018)
"California Attorney General Sets New Minimum Standard of Care for Data Privacy & Security," co-author, USLAW  Magazine (Fall/Winter 2016)
"California Attorney General Announces a Standard for Reasonable Data Security,"co-author, Privacy, Data Security and Information Governance Alert (February 2016)
"Third Circuit Affirms FTC Authority to Regulate Cybersecurity," co-author, Data Security Law Alert (September 2015)
"The California Electronic Discovery Act," co-author, The Marin Lawyer (August 2009)
"The Real Deal," San Francisco Chronicle (May 2005)
"Comment," Golden Gate University Law Review (Spring 1996)

Blogs

HB Briefly

Briefly is designed to provide readers with updates on the latest litigation developments in California. Our focus is on general litigation as well as issues surrounding class actions, products liability, discovery, privacy, cybersecurity, and the professional practice of law.

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