Torin A. Dorros

Managing Attorney

  • Overview

    Torin A. Dorros

    Torin A. Dorros represents clients in privacy and data breach, complex commercial, and intellectual property litigation and appeals with a focus on the Healthcare; Entertainment and Media; and Internet, Software, and Technology industries. Mr. Dorros has an intimate understanding of the complex and continually evolving privacy, mobile, digital, social media, technology, telemedicine and e-health landscapes.

    A substantial portion of Mr. Dorros’ practice focuses on the protection of individuals’ privacy rights with a particular emphasis on protected health information and medical record privacy issues. Mr. Dorros has successfully represented clients both on an individual and class action basis in State and Federal Court nationwide in significant and groundbreaking cases related to protected health information and medical record privacy and confidentiality violations and data breaches. Often Mr. Dorros’ cases involve or arise from violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the California Confidentiality of Medical Information Act (“CMIA”), the heightened confidentiality requirements under 42 C.F.R., Part 2 and analogous State laws for certain types of medical conditions, treatments, and diagnoses, and other health and personal information privacy laws and regulations.

    Licensed and practicing in multiple jurisdictions, including California, New York, the District of Columbia, and Wyoming, Mr. Dorros has represented clients in both State and Federal appellate and trial courts including the United States Supreme Court, as well as provided strategic appellate trial counseling and substantive motion practice advice for cases, worldwide. He has represented individuals, countries, multibillion-dollar multinational corporations, and national trade associations in sophisticated and ground breaking appellate and trial level matters. He has successfully represented clients in complex issues involving Constitutional and common law privacy rights, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the California Confidentiality of Medical Information Act (“CMIA”), the Foreign Sovereign Immunity Act (“FSIA”), medical peer review confidentiality, the Emergency Medical Treatment and Labor Act (“EMTALA”), tort liability for blood banks’ transfusion procedures, Medicaid/Medicare rate reimbursement disputes, the Employee Retirement Income Security Act of 1974 (“ERISA”), the Lanham Act/trademark infringement/false advertising/trademark dilution, the Copyright Act/copyright infringement, domain names, online advertising, entertainment “credit” disputes, invasion of privacy and publicity rights, the Federal Arbitration Act (“FAA”), the National Bank Act (“NBA”), the Fair Credit Reporting Act (“FCRA”), the Truth in Lending Act (“TILA”), state and federal lending laws, securities violations, multimillion dollar premises liability, large scale construction defect, wage and labor law, and sophisticated complex and commercial disputes.

    Mr. Dorros represents Entertainment and Media clients in matters related to branded entertainment, privacy, advertising, and licensing/sponsorship of mobile and wireless technologies and consumer packaged goods. He has significant experience representing clients involved in graphic novels/comic books, animation (including new media formats), and special, digital, and visual effects, virtual reality augmented reality, 3D, and the related industries, including video games, mobile content, and film/television. Having been the General Counsel for the Jackson Hole Film Institute, he regularly assists both media and non-media corporate clients as “outside general counsel” overseeing all of the clients’ transactional and litigation legal needs. Mr. Dorros routinely provides general/day-to-day corporate legal advisory services, from corporate formation to mergers and acquisitions, as well as licensing of products, services, and intellectual property for a broad based corporate clientele. Mr. Dorros is often called upon to advise clients in corporate transactions and commercial and intellectual property litigation and appeals related to technology and technology industry related companies. Mr. Dorros' technology practice often relates to bridging the gap between a client's offline and online or mobile presence. Mr. Dorros also represents healthcare professionals and institutions in corporate, administrative, litigation, appellate, and regulatory matters. His practice also has a unique sub-focus on the issues related to telemedicine, telehealth, mhealth, e-health, and privacy, as well as the development, financing, and operations of related ventures.

  • Practice Areas and Primary Industries

    Practice Areas:

    Protected Health Information, Medical Record, and Data Disclosure and Breach Litigation

    Privacy Litigation

    Commercial and Intellectual Property Litigation

    Healthcare

    Entertainment & Media

    Advertising & Marketing

    Technology

    Intellectual Property

    Writs & Appeals

    Primary Industries:

    Healthcare

    Entertainment & Media

    Internet, Software & Technology

  • Education

    National Conflict Resolution Center, Certificates in Introductory and Advanced Mediation and Dispute Resolution

    Fordham University School of Law, LLM (Banking, Corporate, and Finance Law)

    University of Houston Law Center, J.D. (Health Law)

    Colgate University, B.A. (Economics)

    London School of Economics, General Course (Philosophy)

  • Bar Admissions

    State Bar of California

    District of Columbia Bar

    State Bar of New York

    State Bar of Wyoming

    U.S. Bankruptcy Courts for the Central and Southern Districts of California

    U.S. Bankruptcy Court for the Southern District of New York

    U.S. District Courts for the Northern, Central, and Southern Districts of California

    U.S. District Courts for the Eastern and Southern Districts of New York

    U.S. Court of Appeals for the Ninth Circuit

    U.S. Court of Appeals for the Second Circuit

    U.S. Supreme Court

  • Associations and Affiliations

    Bar Associations:

    American Bar Association

    Association of the Bar of the City of New York

    Los Angeles County Bar Association

    New York State Bar Association

    New York County Lawyers Association

    Trade Associations:

    California Society of Healthcare Attorneys

    American Health Lawyers Association

    Community Organizations:

    Cornell Club of New York

    Epilepsy Foundation of America

    Epilepsy Foundation of Greater Los Angeles

    Los Angeles Trial Lawyers Charities

  • Press Coverage

    Judge Allows for Limited Class Action Against Apple and Path App for Data Breach, Erik Derr, Northern California Record (August 12, 2016)

    LinkedIn Ruling Boosts Prospects For Data Breach Plaintiffs , Allison Grande, LAW360 (April 15, 2014)

    Microsoft Steps In Privacy Quagmire With Email Snooping, Allison Grande, LAW360 (March 21, 2014)

    Instagram Policy Ruling Shows How To Avoid Privacy Suits, Allison Grande, LAW360 (March 12, 2014)

    9th Circ. Neuters Plaintiff-Favored ‘Shine The Light’ Law, Allison Grande, LAW360 (March 3, 2014)

    Sony Breach Ruling Provides Opening For Plaintiffs Bar, Allison Grande, Law360 (January 22, 2014)

    $33M Apple Pact Ushers In Broad New FTC Disclosure Standard, Allison Grande, Law360 (January 15, 2014)

    Chief Justice Roberts Turns Up The Heat On Cy Pres Pacts, Allison Grande, Law360 (November 4, 2013)

    Google Tracking Win Exposes Cracks In Stale Privacy Laws, Allison Grande, Law360 (October 15, 2013)

    Google's Email Setback Hands Weapon To Privacy Plaintiffs, Allison Grande, Law360 (September 27, 2013)

    Microsoft May Feel Privacy Heat Despite Xbox Backtracking, Emily Atkin, Law360, (June 20, 2013)

    In Google Privacy Standoff, EU Shows Off Expansive Reach, Allison Grande, Law360 (April 2, 2013)

    Google Unfazed By EU's Toothless Privacy Threat, Allison Grande, Law360 (February 21, 2013)

    With Graph Search, Facebook Discovers Fresh Privacy Woes, Allison Grande, Law360 (January 25, 2013)

    Facebook Data-Sharing Policy May Raise Regulators' Eyebrows, Allison Grande, Law360 (November 26, 2012)

    Facebook Steps Out on Mobile App Ad Tightrope, Erika Morphy, E-Commerce Times and TechNewsWorld (August 9, 2012)

    Google's Street View Data Flub Could Rekindle Aussie Probe, Allison Grande, Law360 (August 7, 2012)

    Facebook May Swell Its Ranks With Young 'Uns, Erika Morphy, E-Commerce Times (June 5, 2012)

    iPad-vertising is Taking Off, Erika Morphy, E-Commerce Times (May 25, 2012)

    Measure to Ease Video-Rental Privacy Curbs Catches Flack in Senate, Erika Morphy, TechNewsWorld (February 2, 2012)

    The legal risks of tell-all books: Lawyers say potential tell-all book on Charlie Sheen would need careful vetting, Erica E. Phillips, Daily Journal (September 30, 2011)

    Hulu May Be Doomed By Success, Internet Evolution (April 14, 2011)

  • Speaking Engagements

    Navigating Systems and Accessing Care: Advocating and Standing Up for Your Rights, EPILEPSY SUMMIT 2015 (March 28, 2015)

    Testimony before the California Senate Appropriations Committee on health care bill (Assembly Bill AB1917) regarding pricing reductions for prescription medications (August 4, 2014)

    Keyword Advertising and Trademark Infringement: Protecting Brands and Avoiding Liability in Online Advertising, Strafford Publications, Inc. CLE (May 11, 2011)

  • Published Cases

    Schug v. Burrows, 119 S.Ct. 2063 (Mem) (U.S. 1999)

    N.N.V. v. American Association of Blood Banks, 1999 WL 977982 (Cal.App. 4th Dist. 1999)

    Sun v. Taiwan, 201 F.3d 1105 (9th Cir. 2000)

    Small v. Brodsky 41, LLC, 775 N.Y.S.2d 853 (1st Dep’t 2004)

    Townes ex rel. Estate of Townes v. Cove Haven, Inc., 2004 WL 2403467 (S.D.N.Y., 2004)

    Nuzzo v. Horn, 25 A.D.3d 342, 805 N.Y.S.2d 836 (1st Dep’t 2006)

    McLean v. Bell, 824 N.Y.S.2d 907 (2nd Dep’t 2006)

    McLean v. Bell, 2006 WL 3734319 (2nd Dep’t 2006)

    Advertise.com, Inc. v. AOL Advertising, Inc., 616 F.3d 974 (9th Cir. 2010)

  • Significant Past Representation

    Notable Entertainment & Media Industry Matters:

    Branded Entertainment; Sponsorship: Represented world recognized branded entertainment and advertising company in numerous large-scale sponsorship deals including for the New York Marathon, novel online photographic and CPG marketing venture, and high profile entertainment projects.

    Internet & Software: Represented branded entertainment company in Internet and mobile photography technology and software transaction.

    Graphic Novel Artist: Represented graphic novel artist regarding online comic/graphic novel streaming site.

    Graphic Novel Artist: Represented graphic novel artists regarding publishing/licensing deals.

    Graphic Novel Artist: Represented graphic novel artist in transaction for use of digital artwork in ground breaking new 3-D technology.

    Corporate Counsel; Non-Profits: Represented world recognized graphic novel industry non-profit organization on corporate transactions.

    Company Sponsorships: Negotiated and closed sponsorship deals with companies such as Time, Inc., InStyle Magazine, American Express, Aman Resorts, Avid, Panavision, Subaru, and the United Nations for film festival.

    Special Effects Studio: Represented award winning CGI animation and special effects studio in entertainment deals.

    Reality Television Show: Represented client in television performance and rights deal for Bravo reality television show New York Prep.

    Mobile Phone Music and Video Sponsorship: Represented world recognized music photographer and production company in mobile phone music and video sponsorship integration concept.

    Television; Photography: Represented high profile photographer with respect to a nationally broadcast television show Chef Story.

    Production Companies; Financing, Production, and Distribution Agreements: Represented film producers and production companies with respect to securing rights to film projects and necessary financing, production, and distribution agreements.

    Production Designers; Contract Negotiations: Represented production designers in contract negotiations on film and television deals.

    Music; Production & Licensing: Represented musicians and bands regarding production, distribution, performance, and licensing agreements.

    Production Company; Copyright Infringement: Successfully represented media production company in copyright infringement and breach of contract matter securing significant settlement in favor of company.

    Film Editor; Employment and Credit Dispute: Successfully represented editor of award winning film God Grew Tired of Us in employment and credit dispute.

    Notable Internet, Software & Technology Industry Matters:

    Internet; Asset Sale: Represented Internet Service Provider (ISP) in asset sale transaction.

    Asset Sale: Represented waste management technology company in asset sale transaction.

    New Social Media Site Private Placement/Investment: Negotiated and drafted loan and investment documents for new early stage social media site.

    Internet Advertising; Trademark Appeal: Successfully secured order vacating preliminary injunction on novel Internet advertising trademark appeal in the Ninth Circuit.

    Privacy Policies; Site Terms & Conditions; and Outside General Counsel Guidance: Represented numerous technology and Internet based or related companies relative to their privacy policies, website terms and conditions, and day to day legal needs as outside General Counsel.

    Securities Litigation: Successfully defended leading technology company/internet provider (ISP) in directors’ securities litigation.

    Notable Healthcare Industry Matters:

    Telemedicine; Telehealth; mHealth; e-Health: Represented health care institutions and providers in the establishment and operation of, and regulatory and legal compliance for, telemedicine, telehealth, mhealth, and e-health ventures and facilities.

    Establishment of Physician Practices: Represented numerous physician groups in setting up their practices.

    Sale/Purchase of Medical Practices: Represented numerous physician groups and health care institutions in practice sales/purchases.

    Mergers and Acquisitions: Represented numerous health care industry clients, including health care institutions, health care providers, and health care service/product companies in sophisticated corporate transactions and mergers and acquisitions.

    Hospitals & Healthcare Institutions: Represented numerous hospital and health care institutions and medical staffs on disciplinary, regulatory, and administrative matters.

    U.S. Supreme Court: Represented physician on petition for certiorari to the United States Supreme Court on novel issues related to peer review confidentiality and The Emergency Medical Treatment and Active Labor Act.

    Blood Banks: Successfully defended on appeal American Association of Blood Banks regarding blood banks' duties of care as to handling of blood and transfusions.

    Breach of Securities and Investment: Successfully represented investor in laser surgery company on breach of securities and investment agreement.

    Liability & Disciplinary Actions: Represented numerous health care providers in professional liability and disciplinary action matters.

    Medicaid/Medicare Rate Actions. Represented nursing home in complex Medicaid rate reimbursement dispute regarding State’s retroactive rate adjustments and withholding of Medicaid reimbursement payments.

    Provider Reimbursement Actions. Representation of providers, including health care professionals, institutions, and pharmacies in reimbursement actions to recover refused or overdue payments from payors including health care plans.

    Medical Injury Compensation Reform Act (MICRA). Played a crucial role in preventing an increase in California's medical malpractice liability damage cap established by the state's Medical Injury Compensation Reform Act of 1975 (MICRA) (see Hamm, Coloretti, Salant, and Shah, California MICRA Reforms: How Would A Higher Cap on Non-Economic Damages Affect the Cost of and Access to Health Care? (LECG, Inc. 1998).

    Notable Aerospace Industry Matters:

    Asset Sale & Acquisition: Represented international aerospace company in $500 million asset sale and acquisition.

    Asset Sale: Represented heliport lighting manufacturer in asset sale transaction.

    Notable Chemical, Oil & Gas Industry Matters:

    Torts: Successfully defended international oil company in tort case seeking more than $100 million in damages.

    Notable Food & Beverage Industry Matters:

    Trademark Dilution: Successfully represented restaurant in trademark dilution action securing favorable settlement for restaurant.

    Defamation: Successfully represented nationally recognized New York City restaurateur in defamation dispute.

    Notable Financial Services Industry Matters:

    Breach of Contract; Employment: Successfully represented financial trader/investment banker in breach of contract and employment dispute with brokerage house.

    Mortgage Fraud; National Bank Act;, Fair Credit Reporting Act; Fair Debt Collections Practices Act; Truth In Lending Act: Successfully represented mortgagors in disputes against financial institution/mortgagee with claims of breach of contract and violations of the NBA, FCRA, FDCPA, TILA and their State counterparts.

    Notable Government & Municipalities Industry Matters:

    Foreign Sovereign Immunity Act: Successfully defended the Republic of Taiwan in tort action in federal district court and on appeal in the Ninth Circuit related to Foreign Sovereign Immunity Act.

    Notable Hotel & Travel Industry Matters:

    Premises Liability: Successfully defended international hotel chain in multi-million dollar federal court premises liability action.

    Construction Defect: Successfully defended international hotel chain and contractors in multi-million dollar federal construction defect action regarding hotel collapse in Guam.

    Notable Manufacturing & Distribution Industry Matters:

    Breach of Contract; Intellectual Property Infringement: Successfully represented plaintiff international electronics consumer products manufacturer on federal breach of contract and copyright and trademark infringement case.

    Breach of Contract Appeal: Successfully defended food vending machine and technology manufacturer in multi-million dollar breach of contract appeal.

    Notable Real Estate Industry Matters:

    Residential and Commercial Real Estate Sales/Purchases: Represented numerous clients in multimillion dollar residential and commercial real estate sale/purchase transactions.

    Residential and Commercial Real Estate Lease: Represented clients in residential and commercial real estate leases and disputes regarding such leases.

    Trademark Infringement and Dilution: Represented largest California real estate brokerage company in trademark infringement and dilution matters.

    Premises Liability and Labor Law: Successfully defended numerous large real estate developers, contractors, and management companies in New York premises liability and labor law violation cases at the trial and appellate levels.

    Notable Retail & Apparel Industry Matters:

    Copyright Infringement: Successfully represented international jewelry manufacturer in federal copyright infringement case.

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