Rachel Kesten is a trial-tested attorney and a key member of the firm’s data privacy team. She represents plaintiffs in complex class actions challenging the unlawful collection, interception, and monetization of sensitive personal and health information by some of the world’s largest technology companies.

Practice Focus

• Data Privacy

Representative Successes

• Rachel was a member of the trial team in Frasco v. Flo Health, Inc., No. 3:21-cv-00757 (N.D. Cal.), a landmark reproductive-privacy case in which a jury found Meta liable for intercepting Flo app users’ reproductive health information. The litigation resulted in a $59.5 million settlement with the remaining defendants and marked one of the first jury verdicts holding a major technology company accountable for the misuse of sensitive health data.
• Rachel currently represents plaintiffs in several cutting-edge privacy actions, including Doe v. GoodRx Holdings, Inc., No. 3:23-cv-00501-AMO (N.D. Cal.), against GoodRx Holdings, Inc., Criteo Corp., Meta Platforms, Inc., and Google LLC, alleging the unlawful disclosure of users’ prescription information and other health data through software development kits and web-based tracking technology. She also represents plaintiffs in Doe v. Regents of the University of California, No. 3:23-cv-00598 (N.D. Cal.), which challenges the Regents’ alleged disclosure of patients’ medical information through tracking technologies embedded in its website and patient portal, and in Doe v. Google LLC, No. 3:23-cv-02431-VC (N.D. Cal.), alleging Google intercepted private health information and communications from thousands of healthcare provider websites.

Prior to joining the firm, she served as a prosecutor in New York at the Office of the Sullivan County District Attorney, where she successfully tried cases and argued — and won — appeals before the New York Appellate Division, Third Department, on behalf of the People of the State of New York.