Lawrence J. Bracken II

Partner

Contact

  • Atlanta
    p404.888.4035
    f404.888.4190
  • New York
    p212.309.1054
    f212.309.1100
  • Atlanta
    p404.888.4035
    f404.888.4190
  • New York
    p212.309.1054
    f212.309.1100

Larry Bracken has more than 27 years of experience litigating and investigating class action, technology, insurance and commercial matters.

Larry has represented clients in federal and state courts throughout the United States in a broad range of cases, particularly the litigation of class actions and other cases involving allegations of unfair and deceptive trade practices, alleged violations of business statutes and regulations, related business torts, and complex contract disputes. Larry also has extensive experience representing computer technology companies and other clients in internal investigations,  alternative dispute resolution proceedings and litigation involving cyber security and privacy issues in the U.S. and other countries; alleged misappropriation of trade secrets; and technology service agreement disputes. His clients include providers and purchasers of technology products and services, major banks and commercial lenders, consumer finance companies and other businesses in the financial services industry, retailers, electric utilities, and municipalities.

In addition, Larry has negotiated, arbitrated and litigated more than 350 insurance coverage matters involving general and excess liability, D&O liability, E&O, technology E&O, property, business interruption and time element, pollution liability, inland marine, and other insurance coverage matters.

Larry has served as a faculty member and lecturer at conferences concerning a wide range of topics such as cyber security and privacy investigations and litigation, consumer fraud claims, insurance law and environmental litigation.

Larry is admitted to practice in Georgia, New York and Virginia, as well as before the U.S. Courts of Appeals for the Fourth, Ninth and Eleventh Circuits, the U.S. District Courts for the Northern and Middle Districts of Georgia, and the U.S. District Courts for the Eastern and Western Districts of Virginia. After earning his law degree, he served as a law clerk for the Honorable D. Dortch Warriner of the U.S. District Court for the Eastern District of Virginia.

Relevant Experience

  • Class action practice concentrates on the defense of unfair trade practice/false advertising claims, privacy and data breach claims and consumer class actions.
  • Represents companies in the investigation of privacy issues, actual and threatened cyber security events, cyber intrusions and cyber extortion, as well as in the defense of class actions and other claims arising from such events. Advises clients regarding the management of litigation and other risks arising from cyber security and privacy issues.
  • Represents banks, consumer lending and servicing companies, and mortgage lenders in class actions and other civil litigation involving allegations of unfair and deceptive trade practices, fraud, wrongful foreclosure, fraudulent transfers, and violations of federal statutes such as the Truth in Lending Act, Real Estate Settlement Procedures Act, and the Fair Debt Collection Practices Act.
  • Represents clients in internal investigations and related litigation involving allegations of trade secret misappropriation (often including alleged breach of confidentiality or non-disclosure terms), privacy and data security issues, disputes arising out of outsourcing and other technology service agreements, alleged breaches of consumer agreements and consumer protection laws, and claims of fraud and other commercial torts. Clients include software development companies, other technology companies, manufacturing companies, international banks, consumer lenders and other clients. Also advises clients in the investigation and legal response to such issues prior to litigation.
  • Represents a national grocery store chain in a privacy class action in which plaintiff asserts violations of state consumer tampering statute, as well as common law claims. The putative class claims that the defendant's website utilized flash cookies to track plaintiff's web browsing activities.
  • Represented major payment processor in data breach class action. Case resolved favorably for client prior to discovery and after all except a single count of the complaint were dismissed on motions. The matter involved issues of first impression concerning standing and substantive causes of action.
  • After cyber intrusion at major payment processor client, advised client concerning risk mitigation procedures and preparation for potential litigation claims by customers and consumers.
  • Defended suit alleging misappropriation of trade secrets by global software development company in the development of health insurance claims software. Led external legal team that assisted client’s General Counsel in the internal investigation of the allegations. Investigation involved interviews of hundreds of witnesses and the analysis of more than 5 million documents and software development data, as well as coordination with multiple experts. Negotiated successful settlement of related litigation.
  • Defending national homebuilder and affiliated mortgage company in defense of purported nationwide class action asserting violations of California Business & Professions Code §§ 17200 and 17500, as well as common law causes of action, alleging a scheme to increase home sale prices through improper practices and nondisclosures in brokering and arranging subprime mortgages.
  • Representing nation's largest residential mortgage lender in putative class action seeking statutory damages for alleged failures to cancel mortgage instruments within statutory period.
  • Represented a major subprime mortgage lending company in a series of allegedly predatory lending class actions asserting violations of state unfair trade practice and usury laws.
  • Represented national mortgage lender in putative class action seeking refunds of closing fees and charges that allegedly exceeded limits allowed under state law, resulting in favorable settlement after District Court granted motion for summary judgment on all counts.
  • Represented Fortune 50 company in a 226,000-member consumer class action in which plaintiff alleged false advertising and violation of unfair trade practices statutes in the advertising and sale of consumer electronics products. Obtained defense verdict after a three-week trial.
  • Represented Fortune 50 company in multiple consumer class actions in nine different jurisdictions, involving allegations of unfair trade practices in the advertising and sale of consumer electronics and computer products.
  • Represented clients in more than 75 environmental litigation matters, involving claims asserted under CERCLA, RCRA, Clean Water Act, Oil Pollution Act of 1990 and other federal environmental statutes, as well as related state statutes and common law.
  • Represented national petroleum pipeline company in defense of riparian landowners' claims for property damage resulting from spill of fuel oil from pipeline. Obtained favorable settlement for company.
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