Überblick
Jon Hawk is an accomplished commercial litigator with global litigation experience in technology, internet, and online platform law. He regularly handles a broad range of matters, including putative class actions for technology clients in state and federal courts nationwide, and has deep experience handling disputes and regulatory matters for them in every major region worldwide. Jon understands technology clients and is uniquely adept at handling issues that matter to them from his domestic and international representations.
Drawing on this experience, Jon helps his clients navigate multinational, multidisciplinary, and complex civil litigation, product, and compliance matters in the rapidly changing legal landscape. His successful representations include disputes around issues involving content moderation, intermediary liability, privacy and defamation, free speech and other fundamental/constitutional rights, unfair competition, consumer protection, and contractual obligations.
Jon regularly represents online platforms and other clients in matters including the following:
- Litigations and product matters involving the Stored Communications Act and Section 230 of the Communications Decency Act
- Litigations and investigations involving defense of platforms’ rights to moderate content, and allegations of moderation bias and censorship
- Litigations, arbitrations, and pre-litigation disputes involving alleged violations of state and federal wiretap laws regarding the use of various technologies to collect, share, and use of consumer data
- First Amendment issues around, among others, the ability to design and implement content moderation rules, anonymous speech and user anonymity protections, and nationwide age-gating and age-verification laws
- Proceedings seeking discovery for use in foreign proceedings throughout the world under 28 U.S.C. Section 1782
Referenzmandate
- Obtained summary judgment on behalf of a mobile ad-serving and monetization platform in a dispute regarding a multiyear mobile ad fraud scheme perpetrated by a syndicate of foreign-based companies
- Obtained summary judgment on behalf of a mobile messaging service and smartphone application provider in defense of a putative nationwide class action filed on behalf of individuals alleging they received unsolicited text messages in violation of the Telephone Consumer Protection Act (TCPA)*
- Successfully represented an online platform in putative consumer class actions alleging claims under federal and state wiretap laws, obtaining early voluntary dismissal on an individual basis after filing motions to dismiss for lack of jurisdiction and failure to state claims
- Successfully represented an online platform in achieving an early resolution of a business-to-business dispute with a business process outsourcing company involving data security breach claims
- Successfully represented an online platform in several matters defeating requests for discovery for use foreign proceedings, including depositions, sought by foreign-based entities under 28 U.S.C. Section 1782
- Successfully represented clients in advising on potential liability considerations around generative artificial intelligence products
- Represented clients in submitting amicus briefs in support of associations challenging state age-verification and age-gating legislation on, among others, First and Fourteenth Amendment grounds, including to the Supreme Court of the United States
- Advised an international payments technology company on aspects of global expansion including revisions to online terms and liability management depending on jurisdiction
- Represented a significant number of online platforms in managing global litigation dockets throughout all major world regions, including in matters before numerous national Supreme Courts on novel issues, and coordinating with cross-functional teams and managing for risk of cross-jurisdictional contagion*
- Represented numerous clients in defending against putative class actions alleging violations of the TCPA*
- Obtained a complete defense award, an award of damages on counterclaims, and an award of fees and costs in two JAMS arbitrations*
- Obtained summary judgement on behalf of a real estate investment company founder and executive in a shareholder dispute alleging fraud claims*
- Represented an investment company and individual shareholders in a shareholder dispute and derivative action, prosecuting fraud and dissolution claims*
- Successfully moved to dismiss all claims on behalf of a national fitness club in a putative class action alleging the club’s membership agreement violated certain New Jersey consumer protection statutes*
*Matter handled prior to joining McDermott Will & Schulte.
Qualifikation
Education
University of California Law San Francisco (formerly UC Hastings), JD, 2007
University of Richmond, BA, 2004
Admissions
California
Courts / Agencies
US District Court for the Central District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the Eastern District of California