Danielle Bogaards, an associate in the litigation and enforcement department, has a diverse practice that includes representation in litigation and investigations, often involving shareholder derivative claims, unfair competition, antitrust, consumer protection, employment, and business tort claims. She also advises private equity sponsors and their portfolio companies in evaluating litigation risk management for a variety of mergers and acquisitions.
As a participant in the data, privacy & cybersecurity practice group, Danielle represents clients handling complex data, privacy, and cybersecurity matters across a wide range of industries and sectors. She has assisted clients in privacy and cybersecurity related class action litigation, investigations by the FTC, and other government agencies. She uses her experience managing incident response and handling complex investigations to help clients get to the root of inquiries and communicate complex cyber and data privacy issues to government regulators and boards of directors.
Danielle also maintains an active pro bono practice, focusing her efforts on providing legal advice to homeless clients at GLIDE’s pro bono legal clinic, obtaining grants of asylum for clients from Central America, and representing tenants in Bay Area housing cases.
- Data Privacy, counseling and data breach response: Counsels clients on data protection and privacy issues, such as data breach response, and compliance with U.S. and foreign data protection regimes. Advises health care companies and hospitals in response to ransomware attacks, and follow-up requests from OCR.
- Data Privacy, class action: Danielle represented corporate defendant Bombas against data breach class action allegations in the Northern District of California, resulting in the approval of a class action settlement.
- Government Enforcement, FCA and AKS: Represents major pharmaceutical companies in government investigations and compliance in response to alleged False Claims Act and Anti-Kickback Statute violations.
- Consumer Protection, FTC: Successfully represented Board members of health and wellness company in FTC investigation and lawsuit; represented RentPath in connection with FTC investigation and lawsuit relating to proposed merger with CoStar Group; successfully represented technology company in connection with FTC investigation into alleged data breach.
- Shareholder Litigation: Represents an individual shareholder and a venture capital firm in the shareholder litigation of Art.com.
- M&A Litigation and Advice: Advises investors including private equity sponsors and public and private companies concerning fiduciary duties, reporting obligations, litigation risk management, and other process concerns in complex transactions.
- Employment Class Actions: Represented employers in putative wage and hour class action and related Private Attorneys General Act case in California state court, alleging off the clock work, meal and rest period violations.
- Mutual Fund Litigation: Assisted with the defense of several mutual fund investment advisers against claims of excessive fees, challenging the alleged differential between advisory and sub-advisory fees under Section 36(b) of the Investment Company Act of 1940.
- Co-author, “US Litigation Considerations and Landscape,” The Guide to Cyber Investigations, second edition (2021)
- Co-author, “Data Privacy Concerns for Latin American Businesses During COVID-19,” Ropes & Gray Alert (June 4, 2020)
- Co-author, “Consumer Protection and COVID-19,” Ropes & Gray Alert (April 1, 2020)
- Note, “Examining the Americans with Disabilities Act’s Reassignment Provision Through an Equal Protection Lens,” 43 Hastings Const. L.Q. 677 (2016)
- JD, University of California, Hastings College of the Law, 2016; senior note editor, UC Hastings Constitutional Law Quarterly; Moot Court team member; Alternative Dispute Resolution team member
- BA (English), University of California, Berkeley, 2011
Admissions / Qualifications
- California, 2016