practice area
Privacy
Demystifying Digital Ecosystems and Complex Statutes for the Courtroom
Privacy litigation often turns on juror understanding of consent, expectation, and corporate data practices. Whether the case involves biometric data, facial recognition technology, geolocation tracking, app interaction tracking, session replay or wiretapping, or app-based surveillance, DRC helps plaintiff and defense teams build courtroom strategies that clarify technical issues, humanize affected parties, and drive accountability.
Our multidisciplinary team of litigators, psychologists, data scientists, and information designers understands the stakes in privacy litigation. We partner with counsel to test themes, prepare witnesses, and develop demonstratives that translate complex data flows and privacy settings into compelling narratives for jurors.
why work with us?
Our Expertise in Privacy Litigation
Biometric Data Collection
DRC has extensive experience supporting cases involving biometric privacy statutes, including claims under California's Consumer Privacy Act (CCPA), Illinois’ Biometric Information Privacy Act (BIPA), and similar laws. These cases often turn on nuanced issues of consent, retention policies, and data security practices. We work with trial teams to translate highly technical evidence, such as fingerprint or facial recognition capture processes, into clear, persuasive narratives. Through demonstratives and juror-tested messaging, we help ensure that statutory obligations and alleged violations are presented clearly for judges and jurors.
Behavioral Tracking
DRC has supported litigation involving allegations that companies tracked user interactions within apps without proper disclosure. These cases require simplifying evidence about event logging, analytics integrations, and data-sharing practices. Our team develops demonstratives that show how user actions translate into data points, how those data points move through the ecosystem, and why those processes matter to the claims. By breaking down complex technical systems into intuitive visuals, we help trial teams frame the narrative around transparency and user expectations.
Wiretapping and Session Replay
When plaintiffs allege that session replay tools or chat monitoring software constitute unlawful wiretapping, DRC helps trial teams clarify the technology’s purpose and operation. We create courtroom graphics that distinguish between real-time interception and stored data, illustrate how session replay works, and contextualize the alleged harm. Our approach ensures that jurors understand the difference between legitimate analytics practices and the conduct at issue, reducing confusion and reinforcing the defense narrative.
Geolocation Tracking
In cases alleging unauthorized geolocation tracking, DRC helps trial teams explain how location data is collected, stored, and monetized. These disputes often involve complex questions about user consent, app permissions, and the interplay between device settings and third-party SDKs. We create visuals that map the flow of location data and illustrate the business rationale behind its use, enabling jurors to grasp both the technical and contractual dimensions of the claims.
"DRC is simply the best. From jury selection to focus groups, they are an all-in-one firm that I would not consider going to trial without.”
Jerry Lefcourt, Gerald B. Lefcourt, P.C.
“Truly indispensable jury services. Don't go to trial without consulting them first.”
Michael L. Bloch, Partner, Bloch & White LLP
“DRC’s plus is that they do all of it, and they do it all extraordinarily well. They are out and away the best because they dig in, really understand the case and the law.”
In-house Counsel, DRC Client
“I’ll give DRC a 10, but I would give them an 11 if I could. I have found that the people they hire are great, think outside the box, and are consistently top-of-the-line.”
Business Owner, DRC Client
“Their jury consultants and graphics people are highly knowledgeable.”
In-house Counsel, DRC Client
Why DRC?
experience
Discover our privacy litigation experience
Our portfolio features cases that define the cutting edge of litigation, handled in courts across the country, and involving the most pressing legal challenges of their time. See how DRC’s strategic insight has guided clients through matters of extraordinary complexity and significance.
services
Strategic Services for Privacy Litigation
- Community Attitudes Surveys
- Jury Focus Groups
- Judge/Arbitrator Focus Groups
- Demonstrative Aids
- Jury Selection
- Trial Strategy Consulting
- Witness Preparation
- Trial Technology
Community Attitudes Surveys
DRC’s online Community Attitudes Surveys provide a “barometer reading” of how hundreds of potential jurors view the parties, the issues, and the evidence. We use the survey results to create a profile of the best and worst jurors for your case.
Jury Focus Groups
Jury focus groups test case themes, evidence, and witnesses. Conducted within the jurisdiction, clients observe live deliberations and get both qualitative and quantitative feedback. This helps DRC shape trial strategy and is often an effective risk management tool to guide potential settlement.
Judge/Arbitrator Focus Groups
DRC partners with former judges and arbitrators from JAMS/AAA to hear cases and issue written opinions. Judge and arbitrator panelists provide strategic feedback about case strengths and weaknesses. Sometimes, they can provide insight into the judge or arbitrator assigned to the case.
Demonstrative Aids
DRC’s strategists and designers apply innovative design principles and leverage jury research to ensure that your trial graphics reinforce both oral and visual advocacy.
Jury Selection
DRC develops reliable jury profiles to identify negatively biased jurors for de-selection. DRC thoroughly researches and ranks each potential juror, regardless of the jury pool size. We draft voir dire questions, jury questionnaires, and pre-trial motions related to jury selection.
Trial Strategy Consulting
At DRC, we build our trial strategies around cohesive and compelling case narratives. By simplifying complex issues that appeal to both logic and emotion, we ensure that trial presentations resonate with decision-makers, guiding them toward the right outcome.
Witness Preparation
DRC prepares the most important and difficult witnesses to testify at depositions and trials. Our approach familiarizes witnesses with the rules for direct and cross-examination, providing guidance to ensure maximum clarity and credibility.
Trial Technology
DRC provides trial technicians (“hot seat” operators) to ensure that your trial presentation is smooth and seamless. Our consultants have each worked on hundreds of trials and are accustomed to the rigors of ultra-high-profile and high-stakes trials.
commit to outcomes that matter.