Kristy McAlister Brown is the chair of the firm's Telecommunications & Technology, and Privacy Litigation Practice Teams. Ms. Brown focuses her practice on complex commercial litigation, with an emphasis on class action, privacy and antitrust litigation. She has defended putative class actions across the country and has a strong track record of defeating class certification—both at the trial and appellate level. Ms. Brown is an experienced privacy litigator, and she has defended class actions brought under the Electronic Communications Privacy Act, as well as class actions asserting deceptive trade practice claims based on privacy practices. Ms. Brown has also defended clients in privacy investigations brought by federal and state regulatory agencies.
Ms. Brown’s clients have included several leading wireless service providers, a leading manufacturer of wireless telephones, a leading rent-to-own company and a Big Four accounting firm. She has represented clients in complex commercial litigation involving many types of claims, including antitrust, deceptive trade practices, unfair competition, products liability, accountant’s liability and Telecommunications Act claims.
- Defeated class certification in a nationwide consumer class action brought against a leading wireless service provider in federal court in Alabama. Won again when the Eleventh Circuit affirmed.
- Obtained a reversal in the Eleventh Circuit of order granting class certification on claims challenging a major wireless service provider's sales commission policies.
- Defeated class certification in a consumer fraud case brought against a major wireless carrier in federal court in Florida. Won again when the Eleventh Circuit refused to reverse the lower court’s order.
- Won Third Circuit appeal reversing denial of motion to compel arbitration in putative nationwide class action.
- Obtained the dismissal of putative class actions brought against a leading wireless telephone manufacturer in New York, California and Minnesota alleging product defects.