Sally Handmaker Guido is an Associate at Cohen Milstein and a member of the firm’s Consumer Protection practice group. She is also a member of the firm’s eDiscovery and Summer Associate committees.
Ms. Handmaker Guido litigates class actions to enforce consumer rights under federal and state laws, in particular issues related data privacy, false advertising, breach of warranty and other types of deceptive business practices, as well as defective products.
Previously a Litigation Associate at a top-tier defense firm, Ms. Handmaker Guido brings unique perspective and relevant complex litigation experience to her work, including experience in antitrust, securities, sports, intellectual property, and employment litigation.
Ms. Handmaker Guido is currently litigating the following notable matters:
- In re Equifax, Inc., Customer Data Security Breach Litigation: On September 8, 2017, Cohen Milstein filed a class action against Equifax, a leading credit-reporting company that safeguards some of the most sensitive financial and personal information of over 143 million individuals across the United States, for its failure to inform the public of a massive data breach and theft of client data. Cohen Milstein was appointed to the Plaintiffs’ Steering Committee on the consumer side of the litigation and is Co-Chair of the Expert Committee.
- In re Apple Inc. Device Performance Litigation: On January 9, 2018, Cohen Milstein and co-counsel, filed a putative nationwide class action against Apple Inc., on behalf of owners of Apple’s iPhone SE, 6, 6 Plus, 6s, 6s Plus, 7, and 7 Plus, for unfair and deceptive business practices in violation of California Business & Professions Code § 17200 and making material misrepresentations and failing to disclose material information related to Apple’s iOS software operating system updates for Apple iPhones. Cohen Milstein was appointed to the Plaintiffs’ Steering Committee and is Co-Chair of the Expert Committee.
- Ariza v. Luxottica Retail North America (LensCrafters): Cohen Milstein represents a putative class of purchasers of LensCrafters’ Accufit Digital Measurement System (Accufit) services, who allege that LensCrafters used false, misleading advertising and deceptive sales practices about Accufit being “five times more accurate” in measuring pupillary distance than traditional methods, to induce customers to purchase LensCrafter’s higher-priced prescription lens products. Ms. Handmaker Guido is Lead Associate in this litigation.
Some of her past successes include:
- In re Lumber Liquidators Chinese-Manufactured Flooring Products Marketing, Sales Practices and Product Liabilities Litigation: Ms. Handmaker Guido was Lead Associate in this class action against Lumber Liquidators alleging that the company falsely labeled its products as meeting or exceeding California Air Resource Board Emission standards with regard to the level of formaldehyde, a carcinogen, contained therein. In August 2018, the Court granted final approval of a $36 million settlement. Cohen Milstein was Co-Lead Counsel.
- In re Anthem, Inc. Data Breach Litigation: Cohen Milstein was Co-Lead Counsel on behalf of a putative class of approximately 80 million insureds involving the massive data breach of Anthem, Inc. in 2015, one of the nation’s largest for-profit health care companies, resulting in the theft of personal and health information. In August 2018, the Court granted final approval of a $115 million settlement, the largest data breach settlement in history. Ms. Handmaker Guido was involved in all aspects of the litigation.
- In re Home Depot, Inc. Customer Data Security Breach Litigation: Cohen Milstein was a member of the Plaintiffs’ Steering Committee in this class action and chair of the Expert Committee, representing financial institutions that issued more than 56 million debit and credit cards to Home Depot patrons. The case arose out of the 2014 Home Depot data breach that affected hundreds of financial institutions and more than 40 million consumers. In September 2017, the Court granted final approval of a $25 million settlement.
- In re Vizio, Inc., Consumer Privacy Litigation: Cohen Milstein is a member of the Plaintiffs’ Steering Committee in this closely-watched data privacy class action alleging that Vizio Smart TVs contain a default feature that tracks what viewers watch and then matches this information with other information collected about the customers, allowing Vizio to sell personal information about its customers to third parties for profit without adequately disclosing such collection and dissemination of data. The Court largely denied two rounds of Vizio motions to dismiss, sustaining novel and ground-breaking claims under the Video Privacy Protection Act and the Wiretap Act. Ms. Handmaker Guido was responsible for drafting significant portions of Plaintiffs’ opposition to these motions and, in particular, the briefing related to the Wiretap Act claims. She was also closely involved in the discovery process. A potential settlement has been reached in this matter.
Ms. Handmaker Guido maintains an active pro bono practice involving notable matters, such as:
- Vivian Englund v. World Pawn Exchange, LLC: Successfully represented the estate of a Kirsten Englund in a wrongful death case of first impression in Oregon state court and nationally, addressing the legal liability for federally licensed firearms dealers involved in online straw sales. The landmark settlement establishes important legal precedent at the state and federal levels regarding gun dealer responsibility for online sales of firearms.
She has also been recognized for her pro bono work with the Lawyers Committee for Civil Rights Under Law’s Voting Rights Project.
Ms. Handmaker Guido is a member of The Sedona Conference, specifically Working Group 1: Electronic Document Retention & Production, and Working Group 11: Data Security and Privacy Liability. She is also an active member of the American Association for Justice (AAJ), having published several articles for AAJ publications, including “Ethical Concerns and Suggested Approaches to Ghostwritten Class Action Objections,” AAJ Class Action Litigation Group Newsletter (Summer 2018), and “Good Counsel: Using Conjoint Analysis to Calculate Damages,” AAJ Trial Magazine (June 2018).
Ms. Handmaker Guido attended the University of Southern California, graduating summa cum laude with a B.A. in Psychology and a B.A. in Political Science, and where she was elected to Phi Beta Kappa. Her undergraduate honors thesis, "'How Did You Feel?': Increasing Child Sexual Abuse Witnesses’ Production of Evaluative Information," was published in the American Psychological Association’s Law and Human Behavior journal.
Ms. Handmaker Guido received her J.D. from the University of Virginia School of Law. While in law school, she served as an intern at the U.S. Department of Justice’s Criminal Division focusing on cases involving child sexual abuse. She also served on the board of The Virginia Innocence Project, the University of Virginia’s arm of the national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system. Ms. Handmaker Guido also participated in the University of Virginia School of Law's Moot Court program and served on the Editorial Board of the Journal of Law & Politics.
- Member, The Sedona Conference, Working Group 1: Electronic Document Retention & Production, and Working Group 11: Data Security and Privacy Liability
- Member, Women in eDiscovery, 2018-Present
- Member Safe Shores, The DC Children's Advocacy Center, 2013-present
- Board, The Virginia Innocence Project, 2009-2011