Growing concern over digital data privacy and consumer rights has brought national attention to a legal battle spearheaded by Kutak Rock attorneys. As reported by The Washington Post, Kutak Rock is at the forefront of a groundbreaking lawsuit filed in the U.S. District Court for the Northern District of California on behalf of tech executive Michael Mathews, who has been denied access to this accounts by Apple. 

The case, which centers on Apple’s refusal to restore access to Mathews’s iCloud account—even after he provided extensive proof of ownership—shines a spotlight on the limitations and unintended consequences of the tech giant’s security protocols. Despite the availability of Mathews’s 2 terabytes of data in Apple’s cloud servers, and despite his consistent efforts to verify his identity, Apple has declined to return his data to him, citing its own recovery key policy.

Represented by Kutak Rock attorneys K. Jon Breyer and Brad Boyer, Mathews is seeking damages of at least $5 million and the return of his data, which includes family photos, tax records, music, business documents, and critical research materials that supported his now-defunct consulting firm.

“This case is not just about one individual’s experience,” said Breyer. “It’s about the right of ownership in the digital age. When your data is locked behind an opaque corporate wall, even after you've proven it's yours, we have to ask: why do they get to deny access to what is not theirs in the first place?”

Breyer and his colleagues at Kutak Rock are navigating the complex legal and technical dimensions of cloud data access, user authentication, and corporate responsibility in the digital space. The firm’s work is helping shape a broader conversation around how tech companies balance user privacy with the need for practical account recovery options.

In the wake of Mathews’s case, Kutak Rock has been contacted by multiple aggrieved Apple users with similar stories—individuals who, through theft or misfortune, were locked out of their digital lives by the very security systems designed to protect them.

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 (primarily defending architects and engineers), 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.