Profile
Mike Burshteyn litigates complex commercial disputes and class actions involving privacy, crypto, data security, AI, defamation, and other novel Internet law and technology issues. He is lead counsel in multiple cases involving more than $100m in controversy. Mike also represents clients in cybercrime, crypto, and consumer protection investigations and regulatory inquiries. He has litigated matters in federal and state courts in California, New York, Texas, Florida, Arizona, Georgia, Ohio, Delaware, Puerto Rico, and internationally.
Mike previously founded and was the CEO of CryptoMove, a security startup that developed novel moving target defense technology. He draws on this business background to serve as outside general counsel to crypto, SaaS, AI, e-commerce, and other technology startups, as well as individual and institutional investors. Mike helps these innovators define and manage their legal roadmaps based on practical business needs across corporate, financing, M&A, licensing, IP, regulatory, and other issues.
Mike graduated from Emory Law School and, as a visiting student, attended the University of California, Berkeley, School of Law, where he worked in the Samuelson Law and Technology Clinic. Mike analyzed early legal implications of bitcoin and blockchain technologies as an associate editor of the Berkeley Technology Law Journal.
Mike honed his passion for client advocacy during his time as a college debater at University of California, Berkeley, where he led the Cal debate team to the number one national ranking. Mike maintains an active pro bono practice defending internet rights, security researcher rights, and housing rights.
Capabilities
Experience
- Class actions. Defended tech, media, and financial services companies in dozens of privacy and consumer protection class action and mass-tort claims.
- Lead counsel in nationwide class action alleging violations of automatic renewal laws.
- Lead counsel in Biometric Information Privacy Act class action related to facial recognition technology.
- Represented cloud service provider in first California Consumer Privacy Act (CCPA) class action ever filed, and entertainment and technology companies in over a dozen subsequent CCPA cases.°
- Defended dozens of wrongful death mass-tort actions against social media and online platforms arising from alleged sex crimes, gun violence, and addiction.°
- Litigate class actions alleging violations of the Telephone Consumer Protection Act (TCPA), federal and state wiretapping statutes such as California’s Invasion of Privacy Act (CIPA) and the Electronic Communications Privacy Act (ECPA), California’s Unfair Competition Law (UCL), Americans with Disability Act’s (ADA) website accessibility requirements, and other statutes.
- Crypto. One of the first lawyers litigating major crypto disputes on behalf of funds, individuals, DeFi projects, L1 chain foundations and labs companies, and major exchanges. Pioneered multiple novel legal strategies on issues of first impression in jurisdictions across the USA and worldwide.
- Lead counsel in $140m+ cryptocurrency token dispute.
- Lead counsel in $100m+ smart contract exploit and market manipulation civil recovery action in SDNY. Represent victim witnesses in related criminal trial.
- Lead counsel in crypto fraud and Computer Fraud and Abuse Act litigations in multiple federal and state courts, including in California and New York.
- Chased and recovered $250m+ in stolen crypto in USA, Latin America, Europe, Middle East, and Asia Pacific.
- Resolve consumer protection and class action claims against crypto projects and products.
- Represent crypto organizations and exchanges in Securities Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), and Department of Justice (DOJ) inquiries and investigations.
- Internet, Defamation, & AI.
- Develop and executed global enforcement takedown campaigns involving software theft, trademark and copyright infringement, bots, scams, fraud, and other forms of platform abuse.
- Represent large and small technology and Artificial Intelligence companies in matters involving deepfakes, AI safety, data collection, and other AI litigation and regulatory topics.
- Represent billionaire individuals, major brands, and large and small companies in defamation cases and controversies in California, New York, Texas, and international jurisdictions. Achieve favorable rulings on anti-SLAPP issues.
- Represent world-famous visual, glass, and sculpture artists in trademark and copyright enforcement litigation.
- Regularly litigate Computer Fraud and Abuse Act (CFAA) claims.
- Technology & commercial disputes and counseling.
- Represent emerging growth startups and venture capital funds in dozens of business disputes with vendors, founders, and portfolio companies involving dollars, crypto, and stock.
- Outside general counsel to multiple startups in AI, enterprise SaaS, consumer, crypto, and other industries.
- Represent corporate venture capital investor in Delaware warrant dispute.
- Represent seller in litigation with private equity acquirer relating to earnouts and Delaware competition law.
- Represent multiple startups and individuals in competitor and trade secrets cases.
- Data security and incident response.
- Counsel high growth and Fortune 500 companies on cybercrime and security incident preparation and response, including internal and forensic investigations, remediation, law enforcement coordination, insurance claims, and post-incident disputes. Recovered $200m+ in stolen assets.
- Advised emerging and public SaaS companies on digital forensic policies, Electronic Communications Privacy Act (and CalECPA), CLOUD Act, and law enforcement subpoena response.
- Pro bono.
- Represent non-profit against copyright troll.
- Represent security researchers in anti-circumvention and hacking issues. Represented tenants in pro bono unlawful detainer litigation, achieving voluntary dismissal. Represent nonprofit organizations in nationwide survey of gun violence laws. Represented formerly incarcerated firefighter in record-clearance petition.°
°The above representations were handled by Mr. Burshteyn prior to his joining Greenberg Traurig, LLP.
- CEO & Founder, CryptoMove, 2015-2019
Recognition & Leadership
- Listed, Daily Journal, "Top 40 Under 40," 2024
- Listed, Super Lawyers magazine Northern California Super Lawyers, “Rising Stars,” 2022-2023
- President, Cal Debate Alumni Association
- Cooperating Attorney, Electronic Frontier Foundation
- Board, Bay Area Urban Debate League
Credentials
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J.D., Emory University School of Law, 2013
- Founder, Supreme Court Advocacy Project
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B.A., University of California at Berkeley, 2009
- Copeland Award (’07-’08), #1 Ranked Two-Person Debate Team in U.S.A. Runner up (’05-’06).
- Winner of Harvard (’05, ’07), Dartmouth (’06), UT Austin (’08), Gonzaga (’06), Fullerton (’08), Kentucky (’05, ’07), and Pepperdine (’04) debate tournaments.
- California