Kyle's practice focuses on complex litigation with a particular emphasis on privacy, class actions, e-commerce and Internet/technology law. He also has extensive experience in copyright, antitrust and trade regulation, and other business litigation.
Cooley advised VNGR Beverage (doing business as poppi), a fast-growing prebiotic soda brand, on its acquisition by PepsiCo (Nasdaq: PEP) for $1.95 billion, including an additional potential earnout consideration subject to the achievement of certain performance milestones within a specified period after closing.
Defeated Class Certification in Gmail Class Actions With Potential of Damages in the Billions
May 3, 2016
Defended Google in several class actions around the country arising from the automated scanning of email messages in Google's Gmail service. The cases involve novel issues arising from the intersection of modern email technology and the federal and state wiretapping statutes, and the classes proposed in these cases would be among the largest ever, implicating billions of emails exchanged with over 400 million Gmail users. We successfully defeated class certification in all of these cases, leading to settlements in the federal and California actions. We then obtained summary judgment on behalf of Google in the remaining Massachusetts action.
