Michael Burshteyn

Associate | San Francisco

mburshteyn@mofo.com | (415) 268-7663

mburshteyn@mofo.com
(415) 268-7663

Mike Burshteyn’s practice involves litigating class action and complex commercial disputes in matters related to privacy, data security, and novel technology law issues, as well as startup litigation. Mike also conducts cybercrime investigations and counsels clients on litigation and regulatory risk, breach preparedness, and security incident response. Drawing on his unique mix of litigation and business experience, Mike is a passionate and measured advocate who provides practical legal advice to both high-growth startups and Fortune 500 industry leaders.

Mike has litigated matters in federal and state courts in California, as well as federal courts in New York, Texas, and Ohio. He has represented clients in pre-trial motion practice and briefing, oral argument, discovery, trial, appeals, and alternative dispute resolution.

Representative Experience

  • Represent cloud services provider in class action litigation involving one of the first ever California Consumer Privacy Act (CCPA) claims.
  • Advise high growth and Fortune 500 companies on cybercrime and security incident preparation and response, including internal and forensic investigations, remediation, coordination with law enforcement, insurance claims, and post-incident disputes.
  • Represent emerging growth startups and venture capital funds in business disputes with vendors, founders, and portfolio companies.
  • Represent retailer in class action litigation involving CCPA, California’s Unfair Competition Law, and other privacy-related claims in Central District of California.
  • Represent automotive industry company in Telephone Consumer Protection Act (TCPA) litigation in multiple federal district courts nationwide. Achieved early voluntary dismissals with prejudice.
  • Represent video streaming startup in exclusive rights disputes. 
  • Represent direct-to-consumer e-commerce startup in litigation alleging claims under the Americans with Disabilities Act (ADA) related to website accessibility in California.
  • Representation in connection with internal investigation into academic research study involving medical privacy and other issues.
  • Defend user privacy on behalf of AI autonomous robotics technology company in regulatory proceeding before California Administrative Law Judge.
  • Advise emerging and public SaaS companies on digital forensic policies, Electronic Communications Privacy Act (and CalECPA), and law enforcement subpoena response.
  • Advise apparel manufacturer on Computer Fraud and Abuse Act (CFAA) and enforcement strategy to combat e-commerce bots.
  • Advise cloud services provider on biometric and other privacy issues relating to new products.
  • Advise cybersecurity service providers and connected device manufacturers on the Wiretap Act.
  • Advise businesses on CLOUD Act implications for cloud services and data flows between the United States and other countries.  
  • Represent tenants in pro bono unlawful detainer litigation, achieving voluntary dismissal.
  • Represent non-profit organization in nationwide survey of gun violence laws.

Prior to joining Morrison & Foerster, Mike was a litigator at an Am Law 100 firm and subsequently was the CEO and co-founder of a data security startup focused on moving target defense. Mike established and executed the company’s go-to-market and product strategy, partnering with early adopters including the U.S. Air Force, U.S. Department of Defense, U.S. Department of Homeland Security, and Fortune 500 companies in media and financial sectors.

In his business capacity, he presented at conferences including Cyberweek at Tel Aviv University, DoD’s Intelligence Information Systems conference, and NASA’s drone symposium, and participated at RSA, Black Hat, AWS re:Invent, and Kubecon.

At his prior firm, Mike litigated complex commercial disputes and helped companies and artists defend their intellectual property. He also counseled clients on—and litigated cases involving—the Computer Fraud and Abuse Act, CAN SPAM Act, Communications Decency Act, and Stored Communications Act, among others.

Mike graduated from Emory Law School and as a visiting student attended the University of California, Berkeley, School of Law, where he worked in the Samuelson Law and Technology Clinic. As an associate editor of the Berkeley Technology Law Journal, Mike analyzed early legal implications of bitcoin and blockchain technologies.

Mike honed his passion for client advocacy during his time as a college debater at University of California, Berkeley, where he led the Cal debate team to the number one national ranking. Mike maintains an active pro bono practice defending internet rights, security researcher rights, and housing rights.

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