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Rafael M. Langer-Osuna
Partner
Mx. Langer-Osuna has significant experience litigating matters that turn on international relations and involve the foreign relations law of the US. Separately, how the law handles information – whether data privacy, the attorney-client privilege, online defamation or intellectual property – fascinates Rafael. They often use Spanish and a broad understanding of various legal cultures in representing foreign governments and multinational corporations in international disputes in US courts. These disputes often call upon them to help coordinate global legal strategy across a variety of jurisdictions. Other lawyers, including lawyers from other law firms, seek advice from Rafael, regarding the application of the attorney-client privilege. In addition, they maintain an active appellate practice.
Rafael’s extensive internet litigation experience includes a significant amount of data privacy, cybersecurity and data breach matters. Many of these matters involve class action litigation. Among other issues, they have addressed matters involving the Health Insurance Portability and Accountability Act (HIPAA), the Electronic Communications Privacy Act (ECPA), the Video Privacy Protection Act (VPPA) (and its state equivalents), the Driver Privacy Protection Act (DPPA), the Computer Fraud and Abuse Act (CFAA) and the Communications Decency Act (CDA).
Rafael is a member of the Advisory Committee of the Squire Patton Boggs Foundation, which promotes the role of public service and pro bono work in the practice of law and the development of public policy. Separately, they maintain an active pro bono practice and are actively engaged in public service. Rafael serves on a number of non-profit boards, including bar associations and non-profits directed at advancing the legal profession. Presently, Rafael serves as the co-chair of the National Trans Bar Association.
- Representing an insurance software provider in four competing federal class action litigations where plaintiffs sought to represent over 27 million putative class members and demanded over US$69 billion in statutory liquidated damages, as well as other relief concerning allegations that the provider stored drivers’ license information on unsecured external servers in violation of federal and state privacy laws.
- Representing a subscription service in a purported class action alleging disclosures of subscriber information in violation of state law.
- Representing a healthcare entity in cybersecurity class action litigations concerning the alleged disclosure of personal information and protected health information in relation to a data event involving a third-party services provider.
- Representing a Japanese pharmaceutical company in antitrust class actions alleging illegal reverse payments in the settlement of patent lawsuit brought against a generic drug company.
- Assisted trial counsel for Venture Corporation Ltd and Venture Design Services, Inc. in a two-week jury trial in N.D. Cal. The jury (i) confirmed our clients’ ownership of patents that a former employee claimed to have invented before his employment commenced, and (ii) rejected the former employee’s counterclaims seeking US$52 million-US$103 million in damages.
- Trial counsel for the Republic of Ecuador. Currently representing the Republic on appeal before the Third District Court of Appeal in Florida.
- Assisted the Venezuelan Central Bank in a federal lawsuit asserting civil RICO and Lanham Act false advertising claims against a group of US-based defendants allegedly involved in an enterprise using social media tools to misrepresent and manipulate a black market for foreign exchange, thereby devaluing the country’s currency, robbing the Central Bank of seigniorage and disrupting the Venezuelan economy.
- Secured dismissal of claims brought against the Republic of Ecuador by several companies and two individuals on grounds of foreign sovereign immunity and the act of state doctrine.
- Secured dismissal of claims brought against an Ecuadorian prosecutor regarding an online forensic investigation.
- Coordinated the litigation of a dispute involving the ownership of profits from Bolivian and Argentine companies across multiple jurisdictions.
- Secured dissolution of a preliminary antisuit injunction, thus allowing an Iraqi client to again pursue its claims in Iraq.
- Helped defeat class certification in litigation resulting from efforts to reduce its consumers’ energy use on behalf of a major public utility.
- Uncovered the identity of an online defamer, secured summary judgment for liability against the defamer, and assisted client to bring suit to recover attorneys’ fees from the defamer.
- Secured dismissal of claims and then sanctions against a company attempting to bring a defamation suit against an internet backbone company.
- Helped preclude a shareholder from enjoining a merger for purportedly improper disclosures.
- Assisted a multinational bank to resolve an investment suitability dispute brought by Peruvian clients.
- Assisted in the recognition of an arbitral award in favor of a British sports club against one of its players.
- Assisted in defending on appeal an order granting discovery assistance in a foreign proceeding under 28 USC §1782.
- Assisted in obtaining dismissal of a government contract bid dispute suit for failure to exhaust administrative remedies.
- Obtained dismissal of all claims against a subset of directors and officers sued in an adversary action in a bankruptcy proceeding.
- Achieved a favorable settlement on behalf of a pro bono client in her suit against the US.
Education
- Duke University, J.D.
- Duke University, M.A.
- University of California, Berkeley, M.A.
- Carnegie Mellon University, B.A., with honors
Admissions
- California, 2014
- Florida, 2011
Courts
- U.S. Ct. of App., Fifth Circuit
- U.S. Ct. of App., Seventh Circuit
- U.S. Ct. of App., Ninth Circuit
- U.S. Bankruptcy Ct., N. Dist. of California
- U.S. Dist. Ct., C. Dist. of California
- U.S. Dist. Ct., N. Dist. of California
- U.S. Dist. Ct., S. Dist. of California
- U.S. Dist. Ct., Dist. of Colorado
- U.S. Dist. Ct., Middle Dist. of Florida
- U.S. Dist. Ct., S. Dist. of Florida
- U.S. Dist. Ct., W. Dist. of Michigan
- U.S. Dist. Ct., E. Dist. of Michigan
- U.S. Dist. Ct., E. Dist. of Pennsylvania
- U.S. Dist. Ct., N. Dist. of Texas
- U.S. Dist. Ct., S. Dist. of Texas
Memberships & Affiliations
- Board Member, Programming and Community Activism Co-Chair, Amicus Committee Co-Chair, Bay Area Lawyers for Individual Freedom (BALIF)
- Board Member, Co-Chair, National Trans Bar Association (NTBA)
- Member, American Bar Association (ABA)
- Member, Florida Bar Association (FBA)
- Member, Leadership Council on Legal Diversity (LCLD)
- Member, National LGBTQ+ Bar Association (LGBTQ+ Bar)
Languages
- English
- German
- Spanish
- Recipient of the Minority Bar Coalition Unity Award, 2022
- Named a Top Latino Lawyer by Latino Leaders, 2022
- Selected as a Fellow by the Leadership Council on Legal Diversity, 2022
Recent Publications
- Author, “Rights of Publicity: An International Drama Over Heir’s Right to Use Maradona’s Name,” The Licensing Journal, February 2022.
- Co-author, “2021 Year in Review: Data Breach and Cybersecurity Litigations,” National Law Review, December 31, 2021.
- Co-author, “2021 Year in Review: CCPA Litigation,” National Law Review, December 31, 2021.
- Co-author, “Anti-Trans and Non-Binary Legislation: What NALP Members Should Know,” NALP Bulletin+, October 1, 2021.
- Co-author, “Privilege Takeaways From 3 Cybersecurity Report Rulings,” Law360, August 17, 2021.
- Co-author, “Van Buren Reviewed: The Potential Litigation Impact of SCOTUS’ Decision Narrowing CFAA’s,” National Law Review, June 11, 2021.
- Co-author, “Intersectional Non-Binary Perspectives on ‘Professionalism’”, NALP Bulletin+, June 1, 2021.
- Co- author, “The Federal Circuit Takes a Mulligan and Reins in the Eastern District of Texas’s Assertion of Venue the Second Time Around,” National Law Review, February 20, 2020.
- Co-author, “Do California Jury Trial Waivers Inadvertently Guarantee Plaintiffs the Option of a California Jury Trial?” National Law Review, January 14, 2020.
- Co-author, “Willful Copyright Infringement Requires Proof of Intent in the Ninth Circuit,” National Law Review, April 21, 2019.
- Co-author, “Unmasking Anonymous Internet Misconduct,” Dade County Bar Association Bulletin, July 2014.
- Co-author, “New Fla. Data Breach Law Presages Greater Enforcement,” Law360, May 28, 2014.
- Co-author, “Pending Supreme Court Cases Could Reshape the Scope of Federal Preemption of State Law Claims,” Squire Sanders Litigation Update, Fall 2010.
Recent Speaking Engagements
- Key speaker, “Digital Forensics: Proof Beyond Doubt – Does Your Forensic Investigation Meet the Legal Standards? Live Round Table Discussion,” January 20, 2022.
- Speaker, “Defending Work Product Status and Attorney-Client Privilege of Forensic Reports”, webinar hosted by Lawline, January 11, 2022.