Gretchen Ramos

Gretchen A. Ramos

Partner

Gretchen Ramos, CIPP/US, CIPP/E, is an aggressive litigator with a long track record in complex commercial disputes and a certified privacy professional. In addition to her prodigious legal skills, Gretchen brings a direct, no-nonsense approach to client service, and uses her creativity to simplify matters for in-house counsel with dozens of other cases – and little time – on their hands.

Gretchen is known for her ability to get to the heart of any dispute. She can quickly identify the key issues, eliminate the extraneous ones and draw out a strategic roadmap that is both cost-effective and likely to succeed. Litigation is never an end in itself and she will not hesitate to advise her clients if a case should be settled early. Her ability to focus on the best resolution comes from having resolved complex commercial matters and class actions across the country involving bad faith, breach of contract, breach of fiduciary duty, intellectual property, misappropriation, trade secret/unfair competition and unfair business practice claims for over a decade. She has tried numerous cases to verdict, where appropriate. Gretchen also has extensive experience handling claims and litigating insurance coverage matters involving various types of coverage including environmental, products, including asbestos, toxic tort, cyber, directors and officers, and errors and omissions.

In addition to her litigation experience, Gretchen counsels companies on three continents in the rapidly growing field of privacy and data security. A Certified Information Privacy Professional in both the US and Europe, she is also thoroughly knowledgeable on data protection laws in Asia Pacific. She advises clients on a wide range of compliance issues, making sure policies and procedures are in place both to protect against data breaches and to deal with them should they occur, and to make sure clients have sufficient security in place to protect the data and support the privacy policies. Her extensive insurance coverage experience means she can advise clients on the new types of cyber liability policies now being issued. Gretchen is well positioned both to assess the scope and language of these new policies and to litigate for or against them.

Gretchen served as a Law Clerk for US District Court of the District of Nevada and was a full-time Judicial Extern for the Honorable Anne E. Thompson, US District Court for the Eastern District of New Jersey. She holds a 4th degree black belt in sword (Kwan Um Do Kwang), a 1st degree black belt in karate, and teaches sword in San Francisco.

Explore

  • Counseling large corporation with operations in several Asian countries to create comprehensive privacy and data security program.
  • Advising on various issues relating to vendor agreements.
  • Advising companies on new and evolving data protection and privacy laws in the EU and Asian countries, and counseling on the application of these laws to new products, services and applications.
  • Assisting numerous companies in handling all matters relating to data incidents where personal information was accessed by unauthorized computer hackers, including attorney general and other law enforcement notifications, and customer notifications.
  • Counseling various clients on advertising and consumer litigation issues, including Telephone Consumer Protection Act issues.
  • Advising US multinational corporations on international data transfers between Europe and the US, including drafting of data transfer, safe harbor and data processing agreements.
  • Manage security teams to ensure security support privacy policies and procedures.
  • Providing guidance to companies on cyber liability coverage issues and handling coverage disputes that arise with insurers.

Reported Decisions

  • Ferro Corp. v. Cont'l Cas. Co., No. 1:06CV1955, 2008 U.S. Dist. LEXIS 108010, 2008 WL 5705575 (N.D. Oh. Jan. 7, 2008) – Federal court granted insurer's motion to stay bad faith discovery, noting that the defendant's "communications relating to the bad faith issue are interrelated with coverage issues."
  • Continental Ins. Co. v. Garlock Sealing Technologies, LLC, (2005) – Appellate Division affirmed lower court's ruling denying insured's motion seeking dismissal due to another similar action between the parties pending in Pennsylvania.
  • Coltec Indus. Inc. v. Continental Ins. Co., 2005 U.S. Dist. LEXIS 8837, 2005 WL 1126951 (E.D. Pa. May 11, 2005) – Federal court granted insurer's request for a stay in light of the pending New York state court action, finding that if the outcome of the coercive claims hinges on the outcome of the declaratory ones, Wilton's standard governs; conversely, if the opposite applies, Colorado River's standard controls.
  • Mt. McKinley Ins. Co. v. Corning, Inc., 399 F.3d 426 (2nd Cir. 2005) – Second Circuit limited U.S. Lines and held that a non-debtor's claim on pre-petition insurance contracts are non-core, even if a debtor also has claims on those policies.

Education

  • Northeastern University, J.D.
  • Hamilton College, B.A., Phi Alpha Theta

Admissions

  • California
  • Massachusetts

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  • Panelist, “Privacy and Genomic Data: What are the Real Risks?” IAPP Europe Data Protection Congress, Belgium, November 9, 2016.
  • Moderator, “A Collision Course or a Speedbump: IoT Vulnerabilities and Cybersecurity,” Squire Patton Boggs Autonomous Driving Series, San Francisco, November 2, 2016.
  • Moderator, “Briefing on Safe Harbor & the EU-US Privacy Shield Framework,” and Speaker, “Breach Recovery & Post Breach Steps,” Executive Women's Forum Annual Conference, Scottsdale, October 26-27, 2016.
  • Co-presenter, “The EU General Data Protection Regulation: Preparing for Substantial Changes on the Horizon,” Irish American Bar Association, San Francisco, May 2016.
  • Co-presenter, “Comparing Data Privacy and Cybersecurity Regimes,” to the l'Institut des Hautes Etudes de l'Entreprise, San Francisco, April 2016
  • Author, “Working with German Companies to Navigate Complex Litigation, Advise on Corporate Matters, and Solve Privacy and Data Security Issues,” German American Trade Quarterly, October 2015.
  • Panelist, "Your Playbook to Managing Multi-Jurisdictional Litigation", Women, Influence & Power in Law Conference, Washington DC, October 29, 2015.
  • Panelist, "Security Meets Privacy," Women in Security and Privacy, April 1, 2015.
  • Co-author, “Cybersecurity and Medical Devices: Reality Bytes,” ACC Docket, October 2014.
  • Moderator, “Big Data and the Future of Data Centers,” Big Data & Information Security – A Transatlantic Perspective, a panel series organized by the German Federal State of Saxony-Anhalt and the German American Chamber of Commerce, at Datameer, San Francisco, September 23, 2014.
  • Presenter, “The Latest on Disputes Between Primary and Excess Carriers,” American Conference Institute’s 28th Advanced Forum on Bad Faith Claims & Litigation, San Francisco, July 30, 2014.
  • Contributing Author, “Medical Device Cybersecurity: An Emerging Area of Risk,” CNA Life Sciences POV, June 2014.
  • Presenter, “The Proposed EU General Data Protection Regulation, US eDiscovery, and Best Practices in Cross­Border Discovery,” Women in eDiscovery, May 2014.
  • Author, “Federal Cybersecurity Framework Could Influence Courts,” The Recorder, April 18, 2014.
  • Co-author, “Whither Safe Harbor?,” For the Defense, DRI, April 2014.
  • Moderator, “Data Privacy & Potential Litigation,” Minority Corporate Counsel Association CLE Expo, March 12, 2014.
  • Panelist, “Stricter EU Privacy Rules: How the Proposed Regulations May Affect Your Cross­Border Business,” Roundtable Briefing, November 2013.