Norton Rose Fulbright US LLP
Related services and key industries
Spencer Persson joined the Los Angeles office in October 2004. He focuses on complex commercial litigation matters including class actions, and involving data privacy, cyber security, statutory violation, insurance, financial sector, and consumer protection claims.
JD, University of Southern California Law School, 2004
BA, cum laude, Government and Economics, Claremont McKenna College, 1998
While in law school, Spencer was the National Moot Court Team Captain and a Hale Moot Court Honors Program Finalist. He is admitted to the United States District Court for the Southern, Central, and Northern Districts of California, as well as the United States Court of Appeals for the Ninth Circuit. He was admitted to practice law in California in 2004.
- California State Bar
- Serving as lead counsel for a medical facility in a consolidated data breach class action matter alleging the loss of personal and individual health information.
- Serving as lead counsel for an entertainment company in related privacy class action matters alleging violations of the Fair and Accurate Credit Transactions Act (FACTA).
- Serving as lead counsel for a technology company in a consumer class action matter alleging false advertising in certain marketing representations made to its customers.
- Representing a large restaurant company in a consolidated data breach class action matter alleging lost credit card information.
- Serving as lead counsel on behalf of a large retailer in a California Invasion of Privacy Act (IPA) class action matter alleging unlawful recording of customer phone calls.
- Serving as lead counsel for an insurance company in consumer class action matters relating to a W-2 phishing data breach. The matter has been granted preliminary approval for settlement.
- Serving as lead counsel for a corporation in a data breach class action matter alleging the loss of individual health information. The matter has been granted preliminary approval for settlement.
- Serving as lead counsel on behalf of a company who purportedly released medical information of a customer in violation of the Confidentiality of Medical Information Act, the Customer Records Act, and the Consumer Legal Remedies Act. Following motion practice, two of the three claims have been dismissed with prejudice.
- Serving as lead appellate counsel for an insurance company in an appeal of a seven figure jury verdict awarding compensatory, non-economic, and punitive damages for elder financial abuse and negligence.
- Served as lead counsel for a hospitality group in a data breach class action matter alleging lost credit card information.
- Served as lead counsel on behalf of large retailer in matters (including class actions) alleging violations of the Telephone Consumer Protection Act (TCPA). Each case has been favorably settled at the pleading stage for a small fraction of the alleged damages.
- Served as lead counsel in two consumer class action matters alleging false advertising relating to the sale and marketing of radio-frequency identification (RFID) wristbands at entertainment festivals. One matter was dismissed at the pleading stage, and the other was settled on an individual basis and for a small fraction of the alleged damages following successful motion practice.
- Served as lead counsel for an entertainment company in a data breach class action alleging the loss of its employees' personal information. The case was favorably settled at the pleading stage for a small fraction of the alleged damages.
- Successfully petitioned for California Supreme Court review regarding the proper scope of discovery under California's Private Attorneys General Act (PAGA).
- Served as lead counsel representing a men's clothing retailer in a breach of contract and fraud action before a private arbitrator. Following a four day hearing, the client received a full award of the damages sought as well as attorneys' fees and costs.
- Represented a natural health and beauty product retailer in a data breach class action lawsuit alleging negligence resulting from the loss of employee information in an email phishing scam. The matter was dismissed at the pleading stage.
- Defended a homeopathic drug manufacturer in multiple, nationwide class actions asserting misrepresentation of product efficacy. The first of those cases went to trial in September 2015, and the jury returned a unanimous verdict in favor of the defense.
- Served as lead counsel in the defense of financial services firms and brokers both in court proceedings and before the Financial Industry Regulatory Authority, including a 5-day arbitration proceeding in January 2013 where the three person panel unanimously denied all claims in their entirety and an arbitration proceeding in September 2016 that was scheduled for three days but where the three person panel granted a motion for directed verdict after a 90 minute cross-examination of the claimant.
- Represented a Los Angeles cosmetics manufacturer in a contractual dispute where the plaintiff claimed he was entitled to a percentage of the manufacturer's gross profits (approaching $8 million) based on a purported introduction to a client. After a two-week jury trial, the jury returned a complete defense verdict.
- Represented a Hong Kong businessman in a commercial dispute against Las Vegas Sands, Inc. ("LVS") relating to services rendered in assisting LVS in obtaining its gaming license in Macau, China, securing an eight-figure jury verdict. The case was ultimately settled.
- Represented one of the Big 4 accounting firms in an action alleging it failed to supervise the security of a major corporation's prize promotions, thereby permitting the theft of millions of dollars of prizes. Following extensive motion practice that eliminated all but one of the plaintiff's causes of action, the case was favorably settled for a fraction of the alleged damages.
- Represented a death row inmate in habeas corpus proceedings. The writ was granted by the United States District Court for the Central District of California following an evidentiary hearing to evaluate the credibility of witnesses testifying on behalf of the petitioner.
- Represented several corporations in actions alleging unfair business practices, including in a matter that resulted in a published California appellate decision that interpreted the limitations imposed by Proposition 64. That matter was dismissed due to the plaintiff's failure to allege that she had suffered "injury in fact."
- Served as lead counsel in three jury trials on behalf of the Los Angeles County District Attorney's Office, Compton Branch, as part of the Trial Advocacy Project.
- Southern California Super Lawyer, Thomson Reuters, 2017, 2018
- Southern California Rising Star, Thomson Reuters, 2012 - 2016
- "CCPA: 'Attorney General Amendment' Likely Dead," Norton Rose Fulbright - Data Protection Report, May 17, 2019
- "Browsewrap agreements: Are you covered?", Norton Rose Fulbright - Data Protection Report, November 7, 2018
- "California passes major legislation, expanding consumer privacy rights and legal exposure for US and global companies," Norton Rose Fulbright - Data Protection Report, June 29, 2018
- "California privacy initiative likely to increase costs of civil litigation if passed in November," Norton Rose Fulbright - Data Protection Report, April 23, 2018
- "Ninth Circuit further entrenches circuit split over standing in data breach cases," Norton Rose Fulbright - Data Protection Report, March 20, 2018
- "New Jersey passes new driver's license swipe law," Norton Rose Fulbright - Consumer Products Law Blog, August 7, 2017
- "Specific jurisdiction ruling gives companies a new weapon in combatting mass consumer actions," Norton Rose Fulbright - Consumer Products Law Blog, June 29, 2017
- "Fourth Circuit Weighs In On What Constitutes 'Injury-in-Fact' in Data Breach Cases," Norton Rose Fulbright - Data Protection Report, April 3, 2017
- "Discount class action theories broaden in California," Norton Rose Fulbright - Consumer Products Law Blog, March 15, 2017
- "In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements ", Fulbright Briefing, October 23, 2012
- "Consumer markets program: Current trends in privacy and cybersecurity," November 14, 2019
- "CCPA: Are you ready?", Association of Corporate Counsel - Southern California, September 27, 2019
- "California Consumer Privacy Act: An Overview," Association of Corporate Counsel - Southern California, December 5 and 6, 2018
- "Class action and multidistrict litigation report," Norton Rose Fulbright's inaugural business litigation summit for in-house counsel, November 15, 2017
- "Devil is in the Details: Contract Templates Matter," Association of Corporate Counsel - Southern California, October 25 and 26, 2017
- "Cyber Security and Data Privacy Law Update," Association of Corporate Counsel - Southern California, June 15, 2017 and July 14, 2017
- "California Class Actions alleging Consumer Fraud, Data Breach, TCPA, and PAGA Violations: Early Strategies, Class Certification, and Trial," Norton Rose Fulbright's Litigation School for Corporate Counsel, September 21, 2016
- "Breaking Bad? Liability for Sale of Defective and/or Recalled Parts," United Recyclers Group LLC's 2016 Training Conference, San Antonio, Texas, April 28-30, 2016
- Los Angeles County Bar Association