J. Matt Thornton

Partner He / Him / His

Minneapolis

Tel 612.371.6207
Fax 612.371.3207

Matt Thornton is a seasoned litigator in the firm’s Litigation Department with extensive experience defending companies in high-stakes cases. A significant portion of Matt’s practice focuses on representing clients in internet tracking and digital privacy litigation, including cases challenging the use of pixels, cookies, session-replay tools, software development kits, analytics technologies, and other website and mobile app tracking tools. He has defended Fintech, health care, retail, e-commerce, media, and other companies against claims brought under federal and state privacy statutes, including the California Invasion of Privacy Act (CIPA), the Federal Wiretap Act (ECPA), the Video Privacy Protection Act (VPPA), and other state and federal analogues.

Matt helps clients navigate these rapidly evolving claims from the earliest stages of litigation through dispositive motions, class certification, settlement, and appeal. He has significant experience developing defense strategies that address both the technical realities of digital advertising and analytics technologies and the legal theories plaintiffs use to recast ordinary website activity as wiretapping, pen register use, or unauthorized disclosure of private information. Clients rely on Matt for practical, business-oriented advice that accounts for litigation risk, reputational considerations, and broader commercial objectives.

Services

Representative Experience

Representative Matters

Won motion to dismiss putative class action against a publicly traded media company alleging violations of the California Invasion of Privacy Act (CIPA), the California Computer Data Access and Fraud Act (CDAFA), invasion of privacy under the California Constitution, unjust enrichment, and California Unfair Competition Law
Secured early dismissal of putative class action asserting Video Privacy Protection Act (VPPA) claim against media client, after filing motion to dismiss complaint
Secured numerous summary judgment victories for Fintech and health care clients in arbitrations asserting common law privacy claims and claims under state wiretap laws for alleged use of website analytical tools

Leveraged several consecutive summary judgment victories for multibillion dollar national retailer to negotiate favorable global resolution of several dozen arbitrations in which claimants asserted state wiretap claims based on client’s alleged use of website analytical tools
Obtained voluntary dismissal of CIPA lawsuit filed in state court for a national financial institution, following submission of a motion to dismiss
Negotiated favorable pre-discovery settlement for a technology company in a state court action alleging CIPA violations, following the filing of a motion to dismiss
Obtained favorable single-plaintiff settlements of putative class actions filed against clients from various industry sectors for common law invasion of privacy, breach of confidence, negligence, breach of implied contract, unjust enrichment, the Electronic Communications Privacy Act (ECPA), CIPA, and/or California’s Unfair Competition Law
Obtained favorable single-plaintiff settlement of putative class action lawsuit asserting VPPA claim against media client
Secured early dismissal of privacy-related claims brought against film producer
Negotiated pre-motion dismissal of defamation claims brought against local blogger
Prevailed on summary judgment in a high-profile quasi contract dispute involving more than a billion dollars in alleged damages
Obtained a six-figure settlement on behalf of publisher whose publications were being censored by county jail in contravention of the First Amendment
Successfully assisted a restaurant owner in challenging a citation issued by City for violating sign ordinance. The City reversed the citation and amended its sign ordinance to remove provision banning signs that “that an average reasonable person would find highly offensive to public decency."
Pursued and prevailed on First Amendment claims against a prominent public figure who censored his constituents’ criticism on his government-sponsored social media pages
Aided the Colorado Freedom of Information Coalition in its efforts to ensure the public's right of access to government records is not arbitrarily ignored
Defended large product liability class actions alleging breach of the Magnuson-Moss Warranty Act, express and implied warranties, and myriad consumer protection statutes
Represented a hemp startup in a partnership dispute, in which he helped the client regain control of the company, secure the company’s assets, and expel all wrongdoers
Defended numerous lawsuits involving allegations of negligence, fraud, conspiracy, and violations of myriad statutes, including the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and Fair Debt Collection Practices Act
Assisted clients in responding to data breaches, including a "phishing" scam that required notification to individuals residing in 30 states, and helped navigate the resulting litigation
Defended a mobile advertising company in a multi-million dollar breach of contract dispute
Represented large corporations in a putative class action alleging, among other things, wage and hour violations and violations of the TCPA
Favorably settled an age discrimination and retaliation lawsuit filed by a serial litigant
Represented a development company in a dispute over earnest money
Defended a large trust from a family member's unlawful attempt to reach the trust's assets
Obtained clemency for an inmate sentenced to years in prison under outdated and discriminatory sentencing guidelines for possessing a small amount of crack cocaine
Represented, pro bono, a disabled individual in a landlord/tenant dispute resulting in a highly favorable settlement for the client

Professional Highlights

Judicial Internships

In law school, Matt served as a Judicial Intern for Justice Gregory Hobbs, Jr. of the Colorado Supreme Court.

Professional Activities

American Bar Association

Colorado Bar Association

Denver Bar Association

Recognition & Accomplishments

The Best Lawyers in America, "Ones to Watch," Appellate Practice (Denver), Commercial Litigation (Denver), 2022-2024; Appellate Practice (Minneapolis), Commercial Litigation (Minneapolis), 2025, 2026

North Star Lawyer, Minnesota State Bar Association, 2023

Named to Minnesota Lawyer's Up and Coming Attorney List, 2022

Legal 500, Dispute resolution - Product liability, mass tort and class action - automotive/transport - defense, 2022

Speaking Engagements

Moderator, "Scroll, Click, Sue: The Pixel Litigation Boom and Tips for Mitigating Risk," 2025 Colorado Privacy Summit, September 25, 2025

Presenter, "Defending Video Privacy Protection Act (VPPA) Class Actions," Minnesota State Bar Association CLE, 2023

Board Memberships & Community Service

Cleo Parker Robinson Dance

Publications

Matt contributes to the firm's CyberAdviser blog.

Co-author, "Michigan Legislature Introduces Reproductive Health Privacy Bill," JD Supra, November 26, 2024

Co-author, "Inadvertent Disclosure of FOIA-Exempt Material Cannot Justify Prior Restraint," MLRC MediaLawLetter, September 2023

Co-author, "Exploring the Rise in State Wiretap Claims," JD Supra, March 4, 2021

Related Insights

Credentials

Education

University of Denver, Sturm College of Law (J.D. 2015; Order of St. Ives)
Denver University Law Review, Staff Editor; Denver Journal of International Law and Policy, Staff Editor
Jessup International Moot Court Team, Captain

Virginia Commonwealth University (M.A. Economics, magna cum laude)

Virginia Commonwealth University (B.S. Economics, magna cum laude)

Admissions

Colorado

Minnesota

U.S. District Court for the District of Colorado

U.S. District Court for the District of New Mexico

U.S. District Court for the District of Minnesota

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit