Bio

Jacob Sommer’s practice involves counseling companies on privacy and security related issues, including responses to data breaches and compliance with federal and state privacy and security laws. Jacob frequently advises companies on compliance with the Video Privacy Protection Act, the Michigan Video Rental Privacy Act, the California Invasion of Privacy Act, the Children’s Online Privacy Protection Act, the Cable Act, Copyright Act, Lanham Act, Digital Millennium Copyright Act (“DMCA”), Electronic Communications Privacy Act (“ECPA”), the Wiretap and Communication Acts, CAN-SPAM, FISA and federal and state laws governing Internet gambling. He also assists clients in fulfilling their compliance obligations pertaining to the discovery and disclosure of customer and subscriber information, in testing and improving clients’ data security practices, and writing policies and procedures (including terms of service, privacy policy, and contracts with vendors) to address privacy and security issues and protect companies’ rights.

Jacob regularly represents companies in privacy and security-related litigation. He has served as lead counsel for major internet companies and magazine publishers in defending actions brought under the Michigan Video Rental Privacy Act, and communications platforms in class action litigation under the California Invasion of Privacy Act. Jacob was the lead outside counsel on Pandora’s victory in the Michigan Supreme Court defeating claims under the Michigan Video Rental Privacy Act.

He has also engaged in extensive investigations of hacking, employee misconduct, bribery, embezzlement, fraud and compliance with the Foreign Corrupt Practices Act, with an emphasis on working with investigators to understand and use computer forensic evidence to uncover wrongdoing, interview witnesses, and prepare practical remediation plans.

Jacob holds an active security clearance and is one of the rare private attorneys that has appeared before the Foreign Intelligence Surveillance Court more than once (on behalf of Yahoo and as co-counsel to appointed amicus Marc Zwillinger). He likewise has represented numerous communications platforms and internet companies in litigation involving requests for user data in the United States and across the world.

Prior to joining ZwillGen PLLC, Jacob obtained litigation and appellate experience at major firms in Washington, DC and Columbia, SC, including appeals before the Fourth, Ninth, and Eleventh Circuits, as well as the South Carolina Supreme Court and United States Supreme Court. Jacob has worked on trial teams in a number of federal district courts in DMCA litigation, a rare trial involving the Alien Tort Claims Act, and securities class actions.

While at Vanderbilt Law School, Jacob received the Founder’s Medal for graduating first in his class.