Sarah E. Barrows

Sarah E. Barrows

Of Counsel

Sarah E. Barrows focuses her practice on intellectual property and complex commercial matters concerning privacy, cybersecurity, consumer protection, e-commerce, advertising, unfair competition, trademark, copyright, DMCA, trade secret, patent, and business disputes involving issues such as breach of contract, tortious interference, compensation and employment matters. She provides counsel on compliance with Europe’s General Data Protection Regulation (GDPR) and California’s new Consumer Privacy Act (CCPA), cybersecurity, crisis management, incidence response and business continuity plans, privacy by design, and cause-related marketing, sweepstakes, contests, social gaming, social media, and all aspects of unfair or deceptive trade practices in a wide variety of industries. Sarah holds the CIPP/US and CIPP/E certifications from the International Association of Privacy Professionals.

Concentrations

  • Privacy and GDPR and CCPA compliance
  • Cybersecurity, incidence response & business continuity
  • Product counseling on variety of privacy, e-commerce and intellectual property issues
  • Intellectual property litigation involving trademark, copyright, DMCA, trade secret and patents
  • Class action defense including false advertising, privacy and consumer protection actions
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Capabilities

Experience

  • Assisted companies in a wide range of industries to prepare for compliance with GDPR and various other domestic and international privacy laws.
  • Collaborate with in-house legal department to provide gap analysis of cybersecurity and privacy programs and develop playbooks that integrate legal into incidence response plans and procedures.
  • Assist in preparing tabletop exercises and Board of Director presentations aimed at addressing cybersecurity, crisis management, and legal compliance issues.
  • Represented beverage industry company to defend against trade dress allegations aimed at packaging and assert unfair competition and tortious interference claims.
  • Represented direct-sales jewelry company in offensive and defensive lawsuits involving copyright, trademark, design patent and false advertising claims.
  • Represented software and CRM company in bringing trade secret and patent claims against competitor.
  • Defended numerous Internet Service Providers against copyright litigation.
  • Defended news and media outlets in copyright litigations.
  • Represented computer technology firm in patent litigation in connection with allegations of infringement relating to digital streaming technology.
  • Represented Silicon Valley technology company in patent litigation concerning voice mail technology. Represented global leader in waterpark design and sheet wave surf simulator industry to enforce patented technology.
  • Duramed Pharmaceuticals v. Watson Laboratories, Teva Women's Health v. Mylan, and related matters. Represented Duramed/Teva in a set of seven ANDA cases asserting patents covering Seasonique®, LoSeasonique® and Cenestin® against generic drug manufacturers.
  • Represented consumer electronics developer in a patent infringement suit involving allegations of infringement relating to visual voicemail technology.
  • Rambus Inc. v. Samsung Electronics Co., Ltd., et al. Represented Samsung in bench trial involving a breach of contract counterclaim in a patent infringement action involving memory technologies.°
  • Represented leading multi-channel retailer of computers, electronics and industrial products in North America and Europe in patent litigation in connection with allegations of infringement relating to a method for searching the internet often referred to as "guided parametric" searches.
  • Represented leading fitness company in licensing and trademark dispute against exclusive licensor.
  • Represented leading generic pharmaceutical company in products liability, mass tort and consumer protection litigation.
  • Notal Vision Inc. v. Carl Zeiss Meditec, AG. Represented Carl Zeiss Meditec in AAA arbitration under New York law regarding breach of contract claims arising from research, development and distribution contract for new technology.°
  • Darling International f/k/a Darling-Delaware Inc. v. Newark Bay Cogeneration Partnership, L.P. Represented Darling International in an arbitration for breach of contract to sell steam at specified rate for a term of twenty years. The arbitration panel found in favor of Darling and awarded Darling all the compensatory damages calculated and submitted to the panel during the arbitration.°
  • Represented Silicon Valley technology company in consumer class action litigation involving alleged violations of the Telephone Consumer Protection Act.
  • Diane Marolda, et al. v. Symantec Corporation. Represented Symantec defendants in consumer class action alleging, inter alia, false advertising and violations of California consumer protection laws.°
  • David Wilson, et al. v. Airborne, Inc., et al. Represented Airborne defendants in consumer class action (removed to Central District of CA under CAFA) alleging, inter alia, false advertising and violations of California consumer protection laws; led to class settlement.°
  • Halsey Minor v. Sotheby’s Inc. Represented Sotheby’s Inc. in a breach of fiduciary duty and class action claim alleging fraud, unjust enrichment, and deceptive trade practices in N.D. Cal. that consisted of claims that should have been brought as compulsory counterclaims to Sotheby’s action against Minor in the S.D.N.Y. for breach of contract; California action was dismissed as a duplicative, second-filed action violating the federal first-to-file rule; S.D.N.Y. court granted summary judgment in favor of Sotheby’s in the Spring of 2010.°
  • Carey v. Maricopa County, et al. Represented Dr. J. Christopher Carey, M.D. with co-counsel, the Center for Reproductive Rights, in federal litigation alleging First Amendment and due process violations, wrongful termination, intentional interference with contract and defamation before Judge Roslyn Silver in the U.S. District Court for District of Arizona; Dr. Carey defeated summary judgment and reached a settlement weeks before the case was set for trial.°
  • Innocence Project-State of Ohio v. Clarence Elkins. Worked in tandem with the National Innocence Network (NIN) and pro bono counsel in Ohio to help secure the release of Clarence Elkins, an innocent man incarcerated for more than seven years after being wrongfully convicted of the 1998 rape and murder of his mother-in-law and the rape and attempted murder of his niece, then six-years old. Though there was no physical evidence linking Mr. Elkins to the crimes, he was convicted solely on the basis of the six-year-old’s unreliable eyewitness testimony. Despite the use of cutting-edge DNA testing that demonstrated Mr. Elkins’ innocence, and despite the fact that the child victim recanted her original testimony, the Summit County prosecutor blocked Mr. Elkins’ request for a new trial and denied that the new evidence cast serious doubt as to Mr. Elkins’ guilt. Assisted NIN in drafting a remand motion to the appellate court, a reply brief and a motion for post-conviction DNA testing, and the appellate brief establishing Mr. Elikins’ innocence and eventually leading to his exoneration and release from prison.°
  • ACORN, et al. v. Bysiewicz. Represented, with co-counsel, Brennan Center for Justice, disenfranchised voters challenging the constitutionality of Connecticut’s 14-day registration deadline as facially unconstitutional because of the different rules imposed on potential voters for access to the franchise in elections that are not meaningfully different.°

°The above representations were handled by Ms. Barrows prior to her joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, Super Lawyers magazine, Northern California Super Lawyers, "Rising Stars," 2014-2015
  • Member, American Bar Association
  • Member, Bay Area Council
  • Member, International Association of Privacy Professionals

Credentials

Education
  • J.D., magna cum laude, Benjamin N. Cardozo School of Law, Yeshiva University, 2004
    • Order of the Coif
    • Acquisitions Editor, Cardozo Arts & Entertainment Law Journal
    • Criminal Defense Law Clinic, 2003-2004
  • B.A., Oberlin College, 1997
Admissions
  • California
  • New York