David Munkittrick

David Munkittrick is an Associate in the Litigation Department, resident in the New York office. His practice encompasses a variety of commercial litigation, contract, intellectual property, and appellate matters. David also maintains an active pro bono practice and has been recognized as Empire State Counsel by the New York State Bar Association for his pro bono service.

Prior to joining Proskauer, David was a Constitutional Law Fellow at the Institute for Justice, working on high profile First Amendment and property rights cases.

While in law school, David served as an intern judicial clerk to the Honorable Jane E. Magnus-Stinson at the United States District Court for the Southern District of Indiana. He was also a finalist in the Sherman Minton Moot Court competition, in which he was the recipient of the Best Brief Award.

Posts by David Munkittrick

FTC Issues Recommendations on Mobile Data Disclosures, Urges Mobile Industry To Act

By David Munkittrick on February 8th, 2013 Posted in Mobile Privacy

Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week. The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers, application developers, advertising networks, and analytics companies—can inform consumers of data collection and sharing practices. While the FTC tailors recommendations… Continue Reading

Standing on the Precipice: Privacy Litigation and Standing Requirements

By David Munkittrick on November 26th, 2012 Posted in Data Breaches, Fourth Amendment, Identity Theft, Privacy Litigation

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the federal government’s international electronic surveillance program under the Foreign Intelligence Surveillance Act. The plaintiffs alleged Fourth Amendment privacy violations among… Continue Reading

Shaking Up the Settlement Process: FTC Reconsiders Whether Companies Can Deny Wrongdoing While Settling Privacy Violation Claims

By David Munkittrick on August 24th, 2012 Posted in FTC Enforcement, Online Privacy

The Federal Trade Commission (“FTC”) recently announced settlements of cases brought against Google and Facebook for alleged privacy violations. The Google settlement drew headlines for being the largest fine ever assessed for the violation of a FTC consent order ($22.5 million). But Commissioner J. Thomas Rosch’s dissents are perhaps more momentous, as they have prompted the… Continue Reading

GPS in the Workplace

By David Munkittrick on April 30th, 2012 Posted in Workplace Privacy

Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a suspect’s car was a “search” under the Fourth Amendment. Though a growing number of employers are using GPS systems to track employee activity on the… Continue Reading

Smart Grid Technology Implicates New Privacy Concerns

By David Munkittrick on March 30th, 2012 Posted in Data Privacy Laws

The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage. That data would then be sent to utilities through a wireless communications network. In recent years, utilities have increased the pace of smart meter deployment—smart meters are expected to be… Continue Reading