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Kristin J. MadiganCIPP/US

Partner | CIPP/US
Partner | CIPP/US
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Areas of Focus

Overview

Kristin J. Madigan is a partner in Crowell & Moring’s San Francisco office and a member of the firm’s Litigation and Privacy and Cybersecurity groups. Kristin focuses her practice on representing clients in high-stakes complex litigation with a focus on technology, as well as privacy and consumer protection matters including product counseling, compliance, investigations, enforcement, and litigation that typically involves existing and emerging technologies. In addition, Kristin is well-versed in and counsels clients on California Consumer Privacy Act (CCPA) compliance. Kristin is a Certified Information Privacy Professional/United States (CIPP/US).

Prior to joining Crowell & Moring, Kristin served as an attorney at the FTC in Washington, D.C., in the Bureau of Consumer Protection, Division of Privacy and Identity Protection. In that role, Kristin led nonpublic investigations and prosecuted unfair and deceptive practices in privacy and data security matters within the FTC’s consumer protection authority.

Kristin joined the FTC after nearly a decade in private practice at another international law firm, where she represented clients in high-stakes patent, trade secret, competition, and complex commercial disputes through trial in the fields of software, hardware, biotechnology, health care, and consumer products.

Kristin is a vice-chair of the ABA Section of Science & Technology Law: Internet of Things, serves on the Board of the San Francisco Bar Association Cybersecurity Section, and serves on the Board of Governors of the Association of Business Trial Lawyers (ABTL) Northern California. She is also an active member of the California Lawyers Association Privacy Law Section, the International Association of Privacy Professionals (IAPP), and the American Bar Association.

Career & Education

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    • Federal Trade Commission
      Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, 2015–2016
    • Federal Trade Commission
      Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, 2015–2016

    • University of California, San Diego, B.A., cum laude with honors, 1999
    • University of California, Berkeley School of Law, J.D., 2004
    • University of California, San Diego, B.A., cum laude with honors, 1999
    • University of California, Berkeley School of Law, J.D., 2004

    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Federal Circuit

    • Spanish
    • Spanish

Kristin's Insights

Client Alert | 4 min read | 12.23.24

Lessons for E-Commerce and Retail From the FTC and Illinois AG’s Proposed $140 Million Settlement Against Grubhub

On December 17, 2024, the Federal Trade Commission (“FTC”) and the Illinois Attorney General (“AG”) announced a $140 million settlement with Grubhub to resolve charges involving an array of allegedly unlawful and deceptive business practices. Even though the FTC’s proposed final rule on junk fees (also announced on December 17, 2024) is limited to hotels, live events, and short-term rentals, this settlement demonstrates that the FTC will use its broad enforcement powers to pursue companies imposing junk fees online, and that both federal and state consumer protection regulators will formulate 2025 enforcement priorities with junk fees and click-to-cancel in mind. Indeed, this $140 million settlement, of which Grubhub will pay $25 million based on its demonstrated inability to pay the full amount, is the first of its kind in that it is a joint action by the FTC and state regulators to pursue both junk fees and click-to-cancel violations....

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Representative Matters

Representative Privacy and Consumer Protection Matters

  • Representing a number of clients in connection with ongoing and successfully closed confidential investigations before the Federal Trade Commission, Bureau of Consumer Protection, in the areas of privacy, data security, technology, and financial products.
  • Representing a number of clients in connection with California Consumer Privacy Act (CCPA) compliance.

Representative Complex Commercial and Technology-Related Litigation Matters

  • Represented a major internet web browser company in Santa Clara Superior Court in a complex contract dispute with a major search engine that was resolved on the eve of trial.
  • Represented a public university system in a novel constitutional case in Alameda Superior court, defeating a motion for preliminary injunction which sought to halt implementation of an executive order issued by the university.
  • Represented a major internet technology company in the Northern District of California in patent litigation involving software for mobile telephones and tablets, including preliminary injunction phase and a four-week jury trial.
  • Represented a global manufacturer in the Central District of California in complex commercial litigation involving copyright, trade secret, contract, and employment allegations, including a three-month jury trial.
  • Represented a major internet technology company in the Northern District of California and the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful Federal Circuit petition for a writ of mandamus staying proceedings in Texas.
  • Represented a major internet technology company and several hardware manufacturers in the Eastern District of Texas in patent litigation involving software for mobile telephones and tablets, including successful motion for summary judgment of noninfringement, affirmed by the Federal Circuit.
  • Represented a major biotechnology company and a national reference laboratory in the Central District of California in patent litigation involving genetic testing, including successful motion for summary judgment of invalidity, affirmed by the Federal Circuit.

Representative Class Action Matters

  • Represented a major behavioral health company in defense of novel class action allegations in the Northern District of California, successfully narrowing the case and securing a favorable settlement for the client before trial.
  • Representing a public university system in defense of class action allegations in Alameda Superior Court.
  • Representing a major behavioral health company in a putative class action in the Northern District of California, successfully narrowing the case.

Kristin's Insights

Client Alert | 4 min read | 12.23.24

Lessons for E-Commerce and Retail From the FTC and Illinois AG’s Proposed $140 Million Settlement Against Grubhub

On December 17, 2024, the Federal Trade Commission (“FTC”) and the Illinois Attorney General (“AG”) announced a $140 million settlement with Grubhub to resolve charges involving an array of allegedly unlawful and deceptive business practices. Even though the FTC’s proposed final rule on junk fees (also announced on December 17, 2024) is limited to hotels, live events, and short-term rentals, this settlement demonstrates that the FTC will use its broad enforcement powers to pursue companies imposing junk fees online, and that both federal and state consumer protection regulators will formulate 2025 enforcement priorities with junk fees and click-to-cancel in mind. Indeed, this $140 million settlement, of which Grubhub will pay $25 million based on its demonstrated inability to pay the full amount, is the first of its kind in that it is a joint action by the FTC and state regulators to pursue both junk fees and click-to-cancel violations....

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Insights

Client Alert | 4 min read | 12.23.24

Lessons for E-Commerce and Retail From the FTC and Illinois AG’s Proposed $140 Million Settlement Against Grubhub

Blog Post | 12.03.24

FTC Updates (November 18-29, 2024)

Blog Post | 11.12.24

FTC Updates (October 14 – October 18, 2024)

Blog Post | 10.10.24

FTC Updates (September 30 – October 4, 2024)
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Practices

Industries

Kristin's Insights

Client Alert | 4 min read | 12.23.24

Lessons for E-Commerce and Retail From the FTC and Illinois AG’s Proposed $140 Million Settlement Against Grubhub

On December 17, 2024, the Federal Trade Commission (“FTC”) and the Illinois Attorney General (“AG”) announced a $140 million settlement with Grubhub to resolve charges involving an array of allegedly unlawful and deceptive business practices. Even though the FTC’s proposed final rule on junk fees (also announced on December 17, 2024) is limited to hotels, live events, and short-term rentals, this settlement demonstrates that the FTC will use its broad enforcement powers to pursue companies imposing junk fees online, and that both federal and state consumer protection regulators will formulate 2025 enforcement priorities with junk fees and click-to-cancel in mind. Indeed, this $140 million settlement, of which Grubhub will pay $25 million based on its demonstrated inability to pay the full amount, is the first of its kind in that it is a joint action by the FTC and state regulators to pursue both junk fees and click-to-cancel violations....

View All Insights