Peter Breslauer is a partner in Montgomery McCracken’s Litigation Department. Peter focuses on complex commercial litigation, including the defense of class action, antitrust, products liability, and intellectual property cases. Peter has extensive experience in the defense of nationwide class action litigation. Many of these cases have involved federal and state-law antitrust claims for price-fixing or monopolization performance of computer operating systems, hardware application, and development software and online services brought against several major technology companies including Microsoft Corporation.
Peter represented defendants in five class actions in federal court in which the plaintiffs alleged the defendants issued credit and debit card receipts containing information prohibited by the Fair and Accurate Credit Transactions Act, 15 U.S.C. §1681c(g). Peter has also defended class actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227, and has substantial experience in asserting claims under the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and the Computer Fraud and Abuse Act, 18 U.S.C. § 1030. In the latter cases, prompt relief was obtained, respectively, on claims of misuse of a client’s Internet domain name, and misappropriation of trade secrets by a departing employee of a client.
Peter’s practice also involves antitrust, intellectual property, and international trade counseling where he has advised clients on antitrust issues in software and hardware terms of service, minimum advertised pricing, copyright and trademark issues, the scope and enforceability of nondisclosure agreements, and International Trade Commission proceedings raising claims for antidumping and countervailing duties. He also has experience in two major asbestos bankruptcy cases in which the firm has acted as counsel to committees of asbestos personal injury claimants.
He also serves as an editor of the firm's Ahead of the Class blog, which focuses on issues related to class action defense, addressing current cases and decisions, trends, and strategies associated with class action law.
Cybersecurity and Data Privacy
- Moderator, “Class Actions in Europe: 2015 Update and the Road Ahead,” American Bar Association Section of Litigation Roundtable, February 2016
- Moderator, “TCPA Update: The Year in Review and Trends for 2015,” Montgomery McCracken webinar, February 2015
- Speaker, “How to Avoid Class Action Suits and What to Do If You Can’t,” Montgomery McCracken CLE program, April 2005
- Presented on e-discovery at an American Bar Association Antitrust Section CLE Program
- Presented on Class Action Fairness Act for Law Seminars International
- Quoted, “Settlement Issues May Force 9th Circ. Rethink Of Hyundai Kia,” Law360, June 29, 2018
- Quoted, “9th Circ. Sets High Bar For Nationwide Class Settlements,” Law360, January 24, 2018
- Pennsylvania Super Lawyer
- Who’s Who in America
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- American Bar Association
– Litigation Section
- Class Action & Derivative Suits Subcommittee, vice-chair
– Antitrust Section
- Technology Resources Committee Pennsylvania Bar Association, former vice-chair
- Pennsylvania Bar Association
– Technology Committee, chair
- Cornell Law School
- Yale University|State University of New York at Buffalo
- State University of New York at Buffalo
Settlement Issues May Force 9th Circ. Rethink Of Hyundai Kia
Consumer class action settlements are hitting snags after the Ninth Circuit ruled in January that courts must weigh whether varying state consumer protection laws were thoroughly considered in nationwide deals, […]
Montgomery McCracken’s Class Action Defense Group Named a Litigation Department of the Year by The Legal Intelligencer
Pictured – back row standing (left to right): Brett M. Waldron, David F. Herman, Erin A. Novak, Peter Breslauer, Patrick T. Ryan, Stephanie K. Benecchi and Jeremy A. Gunn. Front […]
9th Circ. Sets High Bar For Nationwide Class Settlements
Multistate consumer class action settlements will have to clear a higher bar before scoring approval, experts say, after the Ninth Circuit ruled that a California judge didn’t thoroughly consider varying […]
Integrity Staffing Solutions v. Busk surfaces issues that may affect many employers’ security practices
The Supreme Court heard oral argument yesterday in an important Fair Labor Standards Act case that asks whether an employer who requires hourly employees to go through a security screening […]