Profile
Mike Burshteyn litigates complex commercial disputes and class actions involving privacy, crypto, data security, AI, and other novel technology issues as well as startup controversies. He is lead counsel in multiple cases involving more than $100m in controversy. Mike also represents clients in cybercrime, crypto, and consumer protection investigations and regulatory inquiries. He has litigated matters in federal and state courts in California, New York, Texas, Florida, Arizona, Georgia, Ohio, and other states.
Mike previously founded and was the CEO of CryptoMove, a security startup that developed novel moving target defense technology. He draws on this business background to serve as outside general counsel to crypto, SaaS, AI, e-commerce, and other technology startups, as well as individual and institutional investors. Mike helps these innovators define and manage their legal roadmaps based on practical business needs across corporate, financing, M&A, licensing, IP, regulatory, and other issues.
Mike graduated from Emory Law School and, as a visiting student, attended the University of California, Berkeley, School of Law, where he worked in the Samuelson Law and Technology Clinic. Mike analyzed early legal implications of bitcoin and blockchain technologies as an associate editor of the Berkeley Technology Law Journal.
Mike honed his passion for client advocacy during his time as a college debater at University of California, Berkeley, where he led the Cal debate team to the number one national ranking. Mike maintains an active pro bono practice defending internet rights, security researcher rights, and housing rights.
Capabilities
Experience
- Lead counsel in $140m+ cryptocurrency token dispute.
- Lead counsel in $100m+ smart contract exploit and market manipulation civil recovery action. Represent victim witnesses in related criminal trial.
- Represent crypto organizations and exchanges in Securities Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), and Department of Justice (DOJ) inquiries and investigations.
- Represented Internet companies in platform abuse and content moderation litigation involving Communications Decency Act § 230, First Amendment, and product liability theories concerning sex crimes, gun violence, alleged addiction to social media, suicide, and other harms in MDL, JCCP, and individual actions in California, New York, and Texas.°
- Represented cloud services provider in class action litigation alleging the first ever California Consumer Privacy Act (CCPA) claim.°
- Lead counsel in class action alleging violations of California’s Automatic Renewal Law and consumer protection statutes in California, Florida, North Carolina, and New York.
- Represent large and small Artificial Intelligence companies in matters involving deepfakes, AI safety, data collection, and other AI litigation and regulatory topics.
- Counsel high growth and Fortune 500 companies on cybercrime and security incident preparation and response, including internal and forensic investigations, remediation, law enforcement coordination, insurance claims, and post-incident disputes. Recovered $200m+ in stolen assets.
- Represent emerging growth startups and venture capital funds in business disputes with vendors, founders, and portfolio companies involving dollars, crypto, and stock. Outside general counsel to multiple startups in AI, enterprise SaaS, consumer, crypto, and other industries.
- Represented tech, media, and financial services companies in privacy, data security, and consumer protection class action litigation involving alleged violations of California’s Automatic Renewal Law (ARL), Illinois’ Biometric Information Privacy Act (BIPA), California’s Unfair Competition Law (UCL), CCPA, Americans with Disability Act’s (ADA) website accessibility requirements, Telephone Consumer Protection Act (TCPA), and other statutes.°
- Develop and executed global enforcement takedown campaigns involving software theft, trademark and copyright infringement, bots, scams, and fraud. Represent world-famous visual, glass, and sculpture artists in trademark and copyright enforcement litigation. Litigate Computer Fraud and Abuse Act (CFAA) claims.
- Litigate actions and handle disputes involving defamation and anti-SLAPP issues in California, New York, and internationally.°
- Litigated wiretapping claims under the Electronic Communications Privacy Act (ECPA) and California Invasion of Privacy Act (CIPA) involving software-based messaging in federal court. Advised cybersecurity service providers and connected device manufacturers on the Wiretap Act. Advised emerging and public SaaS companies on digital forensic policies, Electronic Communications Privacy Act (and CalECPA), CLOUD Act, and law enforcement subpoena response. Representation in connection with internal investigation into academic research study involving medical privacy and other issues.°
- Represented tenants in pro bono unlawful detainer litigation, achieving voluntary dismissal. Represent nonprofit organizations in nationwide survey of gun violence laws. Represented formerly incarcerated firefighter in record-clearance petition.°
°The above representations were handled by Mr. Burshteyn prior to his joining Greenberg Traurig, LLP.
- CEO & Founder, CryptoMove, 2015-2019
Recognition & Leadership
- Listed, Daily Journal, "Top 40 Under 40," 2024
- Listed, Super Lawyers magazine Northern California Super Lawyers, “Rising Stars,” 2022-2023
- President, Cal Debate Alumni Association
- Cooperating Attorney, Electronic Frontier Foundation
- Board, Bay Area Urban Debate League
Credentials
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J.D., Emory University School of Law
- Founder, Supreme Court Advocacy Project
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B.A., University of California at Berkeley
- Copeland Award (’07-’08), #1 Ranked Two-Person Debate Team in U.S.A. Runner up (’05-’06).
- Winner of Harvard (’05, ’07), Dartmouth (’06), UT Austin (’08), Gonzaga (’06), Fullerton (’08), Kentucky (’05, ’07), and Pepperdine (’04) debate tournaments.
- California