Jon Hawk

Drawing on this experience, Jon helps his clients navigate multinational, multidisciplinary, and complex civil litigation, product, and compliance matters in the rapidly changing legal landscape. His successful representations include disputes around issues involving content moderation, intermediary liability, privacy and defamation, free speech and other fundamental/constitutional rights, unfair competition, consumer protection, and contractual obligations.

Jon regularly represents online platforms and other clients in matters including the following:

• Litigations and product matters involving the Stored Communications Act and Section 230 of the Communications Decency Act
• Litigations and investigations involving defense of platforms’ rights to moderate content, and allegations of moderation bias and censorship
• Litigations, arbitrations, and pre-litigation disputes involving alleged violations of state and federal wiretap laws regarding the use of various technologies to collect, share, and use of consumer data
• First Amendment issues around, among others, the ability to design and implement content moderation rules, anonymous speech and user anonymity protections, and nationwide age-gating and age-verification laws
• Proceedings seeking discovery for use in foreign proceedings throughout the world under 28 U.S.C. Section 1782

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• Successfully represented an online platform in achieving an early resolution of a business-to-business dispute with a business process outsourcing company involving data security breach claims
• Successfully represented an online platform in several matters defeating requests for discovery for use foreign proceedings, including depositions, sought by foreign-based entities under 28 U.S.C. Section 1782
• Successfully represented clients in advising on potential liability considerations around generative artificial intelligence products
• Represented clients in submitting amicus briefs in support of associations challenging state age-verification and age-gating legislation on, among others, First and Fourteenth Amendment grounds, including to the Supreme Court of the United States
• Advised an international payments technology company on aspects of global expansion including revisions to online terms and liability management depending on jurisdiction
• Represented a significant number of online platforms in managing global litigation dockets throughout all major world regions, including in matters before numerous national Supreme Courts on novel issues, and coordinating with cross-functional teams and managing for risk of cross-jurisdictional contagion*
• Represented numerous clients in defending against putative class actions alleging violations of the TCPA*
• Obtained a complete defense award, an award of damages on counterclaims, and an award of fees and costs in two JAMS arbitrations*
• Obtained summary judgement on behalf of a real estate investment company founder and executive in a shareholder dispute alleging fraud claims*
• Represented an investment company and individual shareholders in a shareholder dispute and derivative action, prosecuting fraud and dissolution claims*
• Successfully moved to dismiss all claims on behalf of a national fitness club in a putative class action alleging the club’s membership agreement violated certain New Jersey consumer protection statutes*

*Matter handled prior to joining McDermott Will & Schulte.

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