Austin J. Del Priore

Associate Litigation

Washington, D.C. +1 202 389 3249

Austin J. Del Priore

Overview

Austin Del Priore is a litigation associate in the Washington, D.C., office of Kirkland & Ellis LLP. Austin’s practice focuses on consumer protection matters, including data privacy and security issues, government and internal investigations, and commercial litigation. Austin has particular experience representing companies in investigations brought by the Federal Trade Commission (FTC) relating to data privacy, artificial intelligence (AI), social media and related issues. Austin regularly counsels companies with respect to these issues as well.

Beyond FTC matters, Austin also has experience representing clients in other government investigations, including before state attorneys general, the Department of Justice (DOJ), the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC).

Austin also represents clients in commercial litigation matters, including privacy litigation.

Austin maintains an active pro bono practice and is a Young Lawyer Representative on the ABA Antitrust Section’s Advertising, Disputes and Litigation committee.

FTC Consumer Protection Investigations

  • Represents technology company in FTC investigation concerning allegedly false or unsubstantiated claims regarding the company’s use of artificial intelligence.
  • Represented Rite Aid in resolution of FTC investigation regarding use of artificial intelligence facial recognition technology and other data security practices.
  • Represented education technology company in FTC investigation into the company’s data privacy practices, including compliance with the Children’s Online Privacy Protection Act (COPPA).
  • Represented Fortune 20 technology company in FTC inquiry involving e-commerce and subscription services.
  • Represented telecommunications analytics company in non-public FTC investigation regarding data privacy and security.

Privacy Litigation

  • Q.J., et al. v. PowerSchool Holdings, et al. (N.D. Ill.): Counsel for PowerSchool Holdings LLC and its subsidiary, Hobsons, Inc., in putative class action litigation alleging violations of privacy rights in connection with PowerSchool’s online platform, Naviance.
  • Powell, et al. v. Shiseido Americas Corporation (C.D. Ill.): Counsel to Shiseido Americas Corporation in putative class action litigation alleging violations of the Illinois Biometric Information Privacy Act (BIPA).

Government, Regulatory & Internal Investigations

  • Represented energy technology company in non-public FERC enforcement investigation, defending company and executive officers against allegations of market manipulation and fraud.
  • Represented energy company in non-public FERC enforcement investigation regarding commodities trading practices.
  • Advised multinational financial institution in connection with internal investigation into allegations of workplace misconduct by senior management.
  • Advised prominent manufacturing company in connection with internal investigation into government contracting practices.

Other Litigation

  • Golden Rule Financial Corporation v. Shareholder Representative Services LLC (Delaware Chancery): Trial counsel for Shareholder Representative Services in post-closing dispute over United Healthcare Group’s $750 million acquisition of USHealth, a short-term health insurance company.
  • In re 3M Combat Arms Earplug Products Liability Litigation (N.D. Fla.): Trial counsel for 3M Company in a bellwether trial in the largest multidistrict litigation ever filed, where over 230,000 plaintiffs asserted personal injury claims.
  • Alabama Aircraft Industries, Inc., et al. v. The Boeing Company (N.D. Ala.): Represented the Boeing Company in a dispute brought by a former Boeing subcontractor, alleging misappropriation of trade secrets arising out of the United States Air Force’s award of a multi-year contract to Boeing.

Law ClerkUnited States Attorney's Office for the Western District of TexasSummer 2018

Summer Associate, Kirkland & Ellis LLP, 2019

Governor Bob Orr Entrepreneurial Fellowship, 2015–2017

Represent Nigerian minor and mother in asylum proceedings.

Represented family in educational accommodations process within D.C. public schools.

Volunteer with the Lawyers’ Committee for Civil Rights Under Law’s Election Protection program.

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Credentials

Admissions & Qualifications

  • 2022District of Columbia
  • 2020Texas

Education

  • University of Michigan Law SchoolJ.D.2020

    Irving Stenn Jr. Award for Leadership and Extracurricular Contributions

    Managing Editor, Michigan Technology Law Review

    Co-Chair, Student Funded Fellowships

  • Butler UniversityB.A., Political Science & Peace Studiescum laude2015

    Vice President, Butler University Student Government Association

    Top 10 Outstanding Male Student Award