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Kathryn Cahoy

Partner

Palo Alto +1 650 632 4735

  • About
  • Representative Matters
  • Credentials
  • About

    Kate Cahoy co-chairs the firm’s Class Action Litigation Practice Group and serves on the leadership committee for the firm’s Technology Industry Group. A highly skilled litigator, she defends clients in complex, high-stakes class action disputes, securing significant victories across various industries, including technology, entertainment, consumer products, and financial services. Kate also plays a key role in the firm’s mass arbitration defense practice. She regularly advises companies on the risks associated with mass arbitration and has a proven track record of successfully defending clients against these challenges.

    Leveraging her success in class action litigation and arbitration, Kate helps clients develop strategic and innovative solutions to their most challenging legal issues. She has extensive experience litigating cases brought under California’s Section 17200 and other consumer protection, competition, and privacy laws, including the Sherman Act, California Consumer Privacy Act (CCPA), California Invasion of Privacy Act (CIPA), Wiretap Act, Stored Communications Act, Children’s Online Privacy Protection Act (COPPA), Video Privacy Protection Act (VPPA), along with common law and constitutional rights of privacy, among others.

    Kate’s exceptional legal work has earned widespread recognition. The Daily Journal named her successful defense of Meta and Microsoft cases described below as among its Top Verdicts, recognizing some of the largest and most impactful verdicts in California.

    Recent Successes:

    • Represented Meta (formerly Facebook) in a putative nationwide advertiser class action alleging violations under the California Unfair Competition Law (UCL) related to charges from allegedly “fake” accounts. Successfully narrowed claims at the pleadings stage, defeated class certification, opposed a Rule 23(f) petition, won summary judgment, and defended the victory on appeal to the Ninth Circuit. (Daily Journal, Top Verdicts of 2021. Law.com recognized Kate with a Litigator of the Week Shoutout.
    • Defeated a landmark class action lawsuit against Microsoft and OpenAI contending that the defendants scraped data from the internet for training generative AI services and incorporated data from users’ prompts, allegedly in violation of CIPA, the Computer Fraud and Abuse Act (CFAA), and other privacy and consumer protection laws. (Daily Journal, Top Verdicts of 2024.)

    Kate regularly contributes to the firm’s blog, Inside Class Actions, and was recently featured in a Litigation Daily interview titled “Where Privacy Laws and Litigation Trends Collide.” In recognition of her achievements in privacy and antitrust class action litigation, the Daily Journal named her as one of their Top Antitrust Lawyers (2024), Top Cyber Lawyers (2022), and Top Women Lawyers in California (2023). Additionally, she received the Women of Influence award from the Silicon Valley Business Journal and was recognized by the Daily Journal as a Top Attorney Under 40.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Won dismissal at the pleadings stage on behalf of Microsoft in a putative class action asserting privacy claims related to data used to train OpenAI’s large language models. This case was recognized by the Daily Journal as a “Top Verdict” in 2024.
    • Represented Meta (formerly Facebook) in a putative nationwide advertiser class action alleging violations under the California Unfair Competition Law (UCL) for advertising charges relating to clicks from allegedly ”fake” accounts. Successfully narrowed claims at the pleadings stage, defeated class certification, opposed Rule 23(f) petition, won summary judgment, and defended the victory on appeal to the Ninth Circuit. This case was recognized by the Daily Journal as a “Top Verdict” in 2021.
    • Representing home meal delivery company in nine putative class action lawsuits alleging claims from consumers and employees based on data breach involving approximately 1.2 million records and purported loss of private health information.
    • Represented Clorox in a putative nationwide class action challenging the labeling of Clorox’s Splash-Less bleach product under the Consumer Legal Remedies Act (CLRA), UCL, and False Advertising Law (FAL). Won motion to dismiss.
    • Secured pre-motion voluntary dismissal for a multinational technology company and its subsidiary in a putative class action alleging violations of the California Invasion of Privacy Act, the California constitution, and other privacy claims. Plaintiff voluntarily dismissed claim.
    • Represented Agri Stats in consolidated putative antitrust class actions brought by direct and indirect poultry purchasers alleging a conspiracy to reduce output and raise the prices of broiler chickens.
    • Represented a multinational technology company in federal antitrust lawsuit alleging monopolization and tying claims relating to app distribution services.

    • Represented a leading media company in a putative class action asserting intrusion upon seclusion and California constitutional privacy claims based on alleged collection of data from children using its mobile app for purposes of amassing profiles and/or serving behavioral advertisements. Achieved final approval of settlement on favorable terms.
    • Represented a national bank in putative class action in the Northern District of California involving privacy laws regarding data collection and advertising. Plaintiff voluntarily dismissed case with prejudice after reading Covington’s motion to dismiss.
    • Represent a national bank in putative consumer class actions concerning the bank’s mortgage servicing practices in the Northern and Central Districts of California and elsewhere. Defeated class certification, won summary judgment, and successfully defended victory on appeal to Ninth Circuit.
    • Represented several film studios in multi-defendant antitrust putative class actions alleging unlawful agreements not to “cold-call” each other’s employees. Achieved settlement on favorable terms.
    • Represented Hulu in a putative class action alleging violations of the Video Privacy Protection Act based on alleged disclosure of video-viewing information of individual users. Defeated claims through summary judgment.

    Areas of Expertise

  • Credentials
    Education
    • Yale Law School, J.D., 2012
        • C. LaRue Munson Prize for excellence in investigation, preparation, and presentation of a case under a law school clinical program.
    • University of Tulsa, B.S., 2009
        • Biochemistry and Environmental Policy
        • summa cum laude
        • Barry M. Goldwater Scholar
    Bar Admissions
    • California
    • New York
    • Massachusetts
    • South Dakota
    Judicial Clerkship
    • Hon. Stephen F. Williams, U.S. Court of Appeals, District of Columbia Circuit, 2013 - 2014
    • Hon. Allison H. Eid, Supreme Court of Colorado, 2012 - 2013
    Pro Bono
    • Obtained a precedent-setting victory before the Court of Appeals for Veterans Claims (CAVC) on behalf of a class of veterans seeking mandamus relief for unreasonable delays in the VA appeals process. This was the first successful request for class certification before the CAVC.
    • Drafted amicus brief on behalf of veterans organization supporting petition for certiorari to the U.S. Supreme Court in case involving the Feres doctrine.
    • Advise military veterans on VA benefits and discharge upgrade issues and appeals.
    Accolades
    Previous Experience
    • Member of Yale Law School Veterans Legal Services Clinic; co-wrote amicus brief to Federal Circuit, co-wrote two briefs to the Army Board for the Correction of Military Records, co-wrote manual on discharge upgrades, and argued veteran’s benefits claim hearing at VA Regional Office.

    Areas of Expertise

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