In a first-of-its-kind case, Kutak Rock attorneys Jon Breyer and Bradley Boyer have sued Apple Inc. in the North District of California on behalf of their client, Michael Mathews (24-CV-00272). Mr. Mathews’ iPhone was stolen, his credentials changed by the thief, and he was locked out of his Apple accounts, including 30 years of email, text messages, iCloud data, business documents, family photos, videos and other personal and sensitive information. While Mr. Mathews was able to prove that the accounts were his, Apple refused to reinstate his accounts and Mr. Mathews has been locked out of his data for more than a year. In that time, and without the data, Mr. Mathews’ lucrative consulting business was forced to close, as all of the businesses data resided in the iCloud to which Apple refused Mr. Mathews access.

After the complaint was filed, Apple moved to dismiss the claims. On December 20, 2024, Judge Jon S. Tigar denied Apple’s motion, in large part, and allowed Mr. Mathews to amend certain of his claims, which he has done. It was a significant victory, as Apple had expressed confidence that the case would be dismissed. The matter now moves into the discovery phase where Apple will have to answer the pressing question “why does Apple get to keep Mr. Mathews’ data when it has no recognizable right to do so?” What happened to Mr. Mathews is not unique. Apple has treated other customers in the same manner and Kutak Rock is representing a number of them.

For more information about Kutak Rock’s Privacy and Data Security practice, click here.

Jon is a seasoned trial lawyer and MSBA Certified Civil Trial Law Specialist. He represents companies in complex transaction-related disputes arising from all varieties of business agreements, with a particular emphasis on shareholder, employment and complex business disputes, and securities litigation. Many of these cases involve difficult and fiercely litigated allegations against employees, officers, directors and shareholders of businesses.

Brad focuses his practice on business litigation. He has litigated various matters involving professional liability, employment, intellectual property, entertainment/media, construction and general business-related disputes. Brad has experience representing clients in jury and court trials, arbitrations, California Labor Commission hearings and licensing hearings.