Fernando M. Pinguelo, a trial lawyer and Chair of the firm’s Cyber Security & Data Protection and E-Discovery groups, devotes his practice to complex litigation with an emphasis on cyber security, data privacy, international law, crisis management, media and employment matters.
A former prosecutor, Fernando is experienced in all facets of litigation (trial, mediation, arbitration, and appellate) in both federal and state courts. He handles a broad spectrum of disputes including those involving business torts, data breaches, misappropriation of trade secrets, copyright/trademark infringement, fraud, breach of non-compete covenants, and discrimination.
A leader in the emerging areas of cyber law and electronic discovery, Fernando works closely with business executives, in-house counsel, and HR and IT managers to develop strategies for managing business and legal issues relating to electronic data. He focuses client attention on preventing claims and pursues strategies that enhance a client’s ability to manage data-essential precautions because of the financial and public relations fallout that often result from high-profile data breaches. And when a rapidly evolving crisis or emergency hits, Fernando mobilizes his interdisciplinary team of professionals and implements a response strategy to mitigate damages. Fernando’s global network of highly skilled lawyers and other professionals from across the U.S. and more than 70 other countries, enables him to provide clients with quality services outside our jurisdictions.
Recently, Fernando provided commentary on proposed federal legislation concerning cyber security, and received a Fulbright Specialist appointment for his work on technology’s impact on the law. Notably, Fernando was involved in New Jersey’s first case addressing its new electronic discovery rule amendments; designed one of the first state-of-the-art electronic discovery law courses in the country, which he teaches at Seton Hall University School of Law; and created the ABA Journal award-winning eLessons Learned, an educational blog about how technology impacts lawsuits.
Fernando serves on federal and state court committees, including the Third Circuit Bar Association Committee on Rules of Procedure and the Supreme Court of New Jersey Committee on the Rules of Evidence, where he contributes to court rule amendment proposals. Fernando also lectures for state and federal judicial colleges, including the New Jersey Judicial College and Escola Paulista da Magistratura, which provide judges with academic programs to keep abreast of legal developments. He clerked for the Honorable Edwin H. Stern, Chief Judge, Superior Court of New Jersey - Appellate Division (retired).
Within the media and entertainment industries, Fernando represents television personalities including Emmy Award-winning talent, performers, and writers on a variety of legal issues, including cyber security/privacy issues concerning their Internet reputation. Fernando serves as a judge of the Emmy Awards, sponsored by the National Academy of Television Arts & Sciences, New York Chapter; and is an active member of the media sections of the New York, New Jersey, Washington, D.C., and Beverly Hills bar associations.
Fernando’s numerous published articles and speaking engagements in his areas of practice reflect the depth of his knowledge and understanding of the issues that his clients face, from both business and legal perspectives. He has appeared on television as a legal commentator on high-profile trials, and has been quoted and cited in numerous media reports covering cases he has handled.
Notably, Fernando has received Martindale-Hubbell’s AV Preeminent rating since 2011, its highest lawyer rating, which serves as an objective indicator of a lawyer’s high ethical standards and legal knowledge, analytical capabilities, and legal experience, all of which it generates from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. Furthermore, Fernando has been recognized by business publications that identify professionals who have made an outstanding impact in helping clients succeed, including The New York Enterprise Report who awarded him its Technology Lawyer of the Year award, which recognizes the New York tri-state area’s top business advisors; and Law Technology News (LTN) who recognized him in its October 2012 magazine issue as one of only a few U.S.-based lawyers with notable experience in handling cyber security and data privacy matters.
Led efforts in the U.S. in conjunction with Brazilian legal efforts concerning a significant data security breach; filed unique federal pre-lawsuit action that compelled cloud-based website to produce user information for use by international IT security firm in its investigation of highly confidential reports.
Led and coordinated efforts to contain company's data security breach and address data security obligations under the relevant federal and state laws.
Assessed client's lost data event and determined state data breach notification requirements did not compel company-wide employee notification.
Successfully addressed breach of security issues for client under New Jersey's Identity Theft Prevention Act.
Secured removal from YouTube of video that disparaged client's integrity and caused a negative economic impact on its business.
Successfully addressed online social networking (OSN) issues for employer whose employees abused the use of OSN sites.
Represent TV news anchors, reporters, meteorologists, and sports casters, including Emmy Award-winning talent, regarding cyber security/privacy issues concerning their Internet reputation.
Representative clients include on-air talent who broadcast out of local and affiliate TV stations across the U.S., including in Boston, Chicago, Los Angeles, and New York.
Complex Business Disputes/eDiscovery:
Successfully opposed, on less than 48 hours' notice to appear in court, emergency application seeking Temporary Restraining Order and Writ of Attachment on client's equipment and receivables on an alleged $1.1 million claim; coordinated recovery of deleted emails and cell phone records; and uncovered conduct that supported client's counterclaims for theft of proprietary information, tortious interference, violations of New Jersey's newly enacted Trade Secrets Act, and related computer-based claims, which amounted to more than $3 million in counterclaim damages.
In New Jersey's first state case implicating its new eDiscovery rule amendments, successfully defended client in legal malpractice action over the course of a twenty-day trial.
Defended service provider client in responding to a subpoena issued by the Department of Justice - Health Care Fraud Division regarding its investigation into alleged wrongdoing by Wyeth Pharamaceuticals. Case involved significant issues related to eDiscovery and resulted in client's grand jury testimony and no charges being filed against client.
Successfully defended prominent music manager in his opposition to a motion to dismiss filed by pop music star Taylor Swift and her parents; filed and prosecuted claims for restitution, unjust enrichment, and quantum meruit against Ms. Swift and her parents which lawsuit concluded with an amicable resolution of the dispute.
Successfully tried breach of contract lawsuit filed against telecom client in New Jersey state trial court, and reduced significantly plaintiff's damages claim.
Defended, prosecuted, and brokered settlement in insurance fraud/breach of contract matter that spanned more than six years (having been filed in four different courts and administrative agencies) and implicated dozens of parties.
Prosecuted multi-million-dollar insurance coverage claim on behalf of specialty resins manufacturer whose research and development laboratory was destroyed in a fire. Case involved complicated business interruption losses and spanned more than eight years. Although the case settled shortly before trial, Fernando tried it before two twelve-person mock juries and observed more than eight hours of "jury deliberations" that resulted in verdicts favorable to client.
Successfully second chaired the defense of a doctor charged with statewide consumer fraud that the New Jersey Attorney General's office prosecuted over the course of a fifteen-day trial.
Obtained reversal on appeal of an adverse, lower court ruling that violated client's due process, notice, and Fifth Amendment rights.
Successfully represented prominent Brazilian dentists and prosecuted violations by U.S.-based companies of dentists' copyrights of their unique medical procedure.
Prosecuted copyright infringement claim on behalf of a screenwriter against a television network regarding its popular reality-TV show. Matter resulted in a favorable settlement.
Secured a favorable settlement on behalf of a client in a right-to-publicity case against a major television network.
Labor & Employment:
Successfully led national magazine publisher's response to a New York Department of Labor investigation and audit of its freelance writers, coordinating the response with the publisher's offices in New York, Los Angeles, and Chicago. Subsequently, the DOL withdrew its investigation.
Obtained temporary restraining order and preliminary injunction, in New York state court, against client's former employee for breach of restrictive covenants and theft of trade secrets. Matter resulted in favorable settlement.
Coordinated and led internal investigation into employee theft of company inventory that resulted in $.5M in monthly losses.
Litigated and appealed to the Third Circuit of Appeals a federal district court an employment claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Outcome of case influenced in part Congress' decision to amend USERRA through the enactment of Veterans' Benefits Improvement Act of 2008.
Represented public figure against press attacks impugning her reputation; spearheaded her media and crisis-management strategy.
Negotiated favorable TV production deal between well-known restorer/curator of antique autos and producers of such hit reality TV shows as Pawn Stars and American Pickers.
Negotiated favorable severance package for executive of an international multi-media company.
Negotiated favorable employment package for a renowned rheumatologist employed by a major New York City hospital system.
Negotiated favorable video distribution transaction for an International Master of Chess.
Represented TV news anchors, reporters, meteorologists, and sports casters, including Emmy Award-winning talent, concerning employment and agency agreements and contract disputes. Representative clients include on-air talent who broadcast out of local and affiliate TV stations across the U.S., including in Boston, Chicago, Los Angeles, and New York.
Serve as Outside General Counsel to:
National solar and alternative energy company
International agency with exclusive rights to trademark of prominent lifestyle brands and address a variety of IP and commercial litigation-related matters concerning its brands and related trademarks and copyrights
Wholesome, specialty prepared-food company and address a variety of trademark/copyright and business-related matters concerning its products and brand
Large, bread products distribution company
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals
U.S. District Courts
District of New Jersey
Southern District of New York
Eastern District of New York
Western District of New York
Boston College Law School (JD, 1997)
Boston College, Magna Cum Laude (BA, 1994)
The U.S. Fulbright International Exchange Program - Fulbright Specialist
International Association of Privacy Professionals (IAPP)
American Bar Association
Third Circuit Bar Association
New Jersey State Bar Association
New York State Bar Association
District of Columbia Bar Association
Beverly Hills Bar Association
Hispanic National Bar Association
New Jersey Supreme Court Committee on Evidence
Historical Society of the U.S. District Court for the District of New Jersey
Founder/Co-Chair, Meritas Global Cyber Security & Data Protection Group
Meritas Leadership Institute
The National Academy of Television Arts & Sciences
Organization of Legal Professionals, Board of Governors
Masters Conference, Advisory Cabinet
Volunteer Lawyers for the Arts
"Lyndhurst law firm hires Washington insider," Richard Newman, May 21, 2013
“Interview of Cyber Lawyer- Fernando M. Pinguelo,” Joanna Kretowicz, February 2013
Law Technology News
"First, Do No Harm - Georgetown panel identifies and demystifies cross border e-discovery quandaries," Monica Bay, February 2013
D4 eDiscovery Service
"Privacy and EU Collection for eDiscovery," Chuck Kellner, December 2012
Law Technology News
"Judge Scheindlin Helps Demystify Foreign E-Discovery, Litigators face privacy conundrums when attempting overseas e-discovery," Monica Bay, December 10, 2012
"LMFAO Being Sued by Former Mangers," Dean Cramer
Law Technology News
"Defending Big Data," Monica Bay, October 1, 2012
"Digitization offers new pharma marketing landscape," Jared Kaltwasser, July 9, 2012
"eLL Founder Joins Prestigious OLP Board of Governors," The Organization of Legal Professionals, Summer 2012
The New York Enterprise Report
"The 2012 Best Accountants & Attorneys: Industry Practice - Technology," August 2012
New Jersey's Top Rated Lawyers
Laura A. Zubulake (2012)
"Firms ditch stacks of paper for digital ease - Cloud offers open, closed data storage," Jared Kaltwasser, July 9, 2012
"Adding technology doesn't have to mean staff cuts," Jard Kaltwasser, July 9, 2012
New Jersey Law Journal
"Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters," April 9, 2012
New York Post
"OMG! EIC Spencer goes MIA at AMI's OK!" Keith J. Kelly, March 13, 2012
"International Association of Privacy Professionals (IAPP) Global Privacy Summit - Day 2 Recap,"Frank Gonnello, Jr., March 9, 2012
The Christian Science Monitor
"Bradley Manning: Will the alleged WikiLeaks ally have a compelling defense?" Mark Clayton, February 23, 2012
New York Tackle Journal
"Courts Tackle Spyware Interceptions," Peter A. Crusco, February 23, 2012
The Christian Science Monitor
"Would SOPA and PIPA bills 'break' Internet? Anti- Piracy measure being revised," Mark Clayton, January 18, 2012
"4Shared Sued To Reveal Identify of Infringing Users," January 4, 2012
The Christian Science Monitor
"Bradley Manning case signals U.S. vulnerability to 'insider' cyberattack," Mark Clayton, December 22, 2011
New Jersey Law Journal
"Contractual Limits on Limitation Periods: Employers Battle Back," November 21, 2011
PA Law Weekly
"Social Media's Impact on Business and Employment," Pennsylvania Moving and Storage Associates Annual Conference and Expo, October 25, 2011
The New Yorker
"You Belong With Me: How Taylor Swift made teen angst into a business empire," Lizzie Widdicombe, October 10, 2011
The Association of Certified E-Discovery Specialists (ACEDS)
"Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data," Robert Hilson, September 1, 2011
New York Post
"Mideast Conflict," Andy Soltis, November 14, 2010
"Taylor Swift's Former Managers Sues for Millions," Robyn Ross, October 8, 2010
The Hollywood Reporter
"Taylor Swift's ex-manager sues for millions - EXCLUSIVE: E-mail from her father: I broke 'both his legs'," Matthew Belloni, October 8, 2010
New York Post
"Taylor Swift's former manager claims he was cheated out of millions," October 8, 2010
"Taylor Swift's Ex-Manager Suing Singer for Millions," October 8, 2010
"Taylor Swift Being Sued for Breach of Contract," Devon Thomas, October 1, 2010
"Corporate Counsel Roundtable at the NJPAC," Rosemary Dreger Carey, September 2010
"Hold that Tiger: After Woods Scandal, More Lawyers Are Teeing Up Moral Clauses," John Gibeaut, September 2010
Fordham Intellectual Property Media & Entertainment Law Blog
"Morals Clauses: Tiger Woods and The Death of His Sponsorships," Defne Gunay, March 4, 2010
"Taylor Swift Loses Bid To Nix Ex-Manager's Restitution Claim," Allison Grande, March 3, 2010
eDiscovery Plain & Simple: A Plain English Crash Course in e-Discovery
Allison Brecher and Shawnna Childress (2009) (book credit)
Los Angeles Times
"Morality clauses in contract enable companies to drop Woods, others; started with Hollywood," Dave Carpenter and Emily Fredrix (AP), December 17, 2009
Seton Hall University School of Law
"eDiscovery Blog 'Where law, technology, and human error collide' makes it to the ABA Journal's Top 100," December 11, 2009
Market Dispatches MSN - Money
"Haven't Seen a Tiger Woods Ad Lately?" Elizabeth Strott, December 8, 2009
"Where's Tiger on TV? His ads have been jerked, Keith Robinson," December 9, 2009
Personal Money Store: Money Blog
"'Gatorade Tiger' Sports Drink Pulled Off The Market," Shadra Beesley, December 8, 2009
The Business Insider
Will 'Morals' Clauses Impact Tiger's Endorsements?," Erin Geiger Smith, December 8, 2009
"To Tweet or Not to Tweet is No Longer the Question," Robert McGarvey, September 14, 2009
New Jersey Law Journal
"Penn. Firm Sued Over Shaky Grasp of N.J. Lien Law," Henry Gottlieb, August 21, 2009
New Jersey Law Journal
"Devoted to the Law: Richard Norris to get Justice O'Hern Award," August 21, 2009
Metropolitan Corporate Counsel
"eDiscovery Plain & Simple," April 2009
Tami Kamin-Meyer, April 2009
"Many Struggle to Keep the Right Electronic Records," Martin C. Daks, May 5, 2008
The New York Times
John Sullivan, March 21, 2007
The Star Ledger
Article by Claire Heininger, April 19, 2007
Article by Ralph R. Ortega, March 21, 2007
Article by Ted Sherman and Josh Margolin, February 16, 2007
Article by Nyier Abdou, September 26, 2006
Article by Claire Heininger, August 29, 2006
Article by Matthew Reilly, May 23, 2006
Article by Jennifer Weiss, February 28, 2006
Article by Nyier Abdou, December 16, 2005
New Jersey Law Journal
Article by Charles Toutant, September 27, 2004
New Jersey Lawyer
NJSBA Report, May 21, 2007
"Quick Takes," March 21, 2005
Article by Robert G. Seidenstein, March 15, 2004
National Public Radio (WBGO and WHYY)
December 18, 2007
March 20, 2007
Asbury Park Press
Article by Associated Press, March 21, 2007
Article by Larry Higgs, May 1, 2004
City Belt Magazine
Article by Elizabeth Weill-Greenberg, September 29, 2006
Business Section, July 10, 2007
Article by Kara L. Richardson, May 11, 2007
Article by Pamela Sroka, March 21, 2007
Article by Christa Regalini, August, 2005
Article by Associated Press, January 22, 2005
First Amendment Center
Article by Associated Press, November 28, 2006
Gloucester County Times
Article by Associated Press, March 21, 2007
Home News Tribune
Article by Christa Regalini, August 2005
Jaffe Legal News Service
Article dated December 5, 2007
Article dated July 11, 2007
Article dated May 23, 2007
Article by Associated Press, March 21, 2007
Hunterdon County Democrat
Article by Blair Barbieri, March 22, 2007
Article by Editor, November 9, 2006
Article by Blair Barbieri, March 2, 2006
Article by Blair Barbieri, December 22, 2005
Article by Andrea Eilenberger, March 21, 2007
The Montclair Times
Article by Paul Brubaker, March 24, 2005
Article by Paul Brubaker, April 22, 2004
New York Newsday
Article by Jeffrey Gold, March 20, 2007
Article by Associated Press, March 21, 2007
*(REPRESENTATIVE LIST OF MORE THAN 100 ARTICLES/BOOKS PUBLISHED)
Book, The State of Cyber Law in the U.S. - A 50-State Survey of Statutes Enacted to Confront the Unique Challenges Posed by the Internet (forthcoming 2014)
Book, New Jersey Federal Civil Procedure, Editor of Chapter 13, “E-Discovery,” (New Jersey Law Journal (ALM) 2013 Edition)
Book, eDiscovery Special Edition, Contributing Author, Chapter 13, “The Cloud, Server Consolidation, Ephemeral Data, and Information Security,” (Manageable) eDiscovery Challenges Facing CIOs and Info Sec,” PenTest Magazine, September 2012
"Court Weighs In on Compelling Non-Party Internet Service Provider to Produce User Information," Bloomberg E-Commerce Law Report, December 19, 2012; Bloomberg Computer Technology Law Report, December 21, 2012
Book, eDiscovery Special Edition, Contributing Author, Chapter 13, "The Cloud, Server Consolidation, Ephemeral Data, and Information Security," (Manageable) eDiscovery Challenges Facing CIOs and Info Sec," PenTest Magazine, September 2012
"NLRB (Again) Weighs in on Workplace Social Media Policies: Employers Take Note," Bloomberg BNA Electronic Commerce & Law Report, August 8, 2012
"Virtual Crimes, Real Damages Part II: What Businesses Can Do Today to Protect Themselves from Cybercrime, and What Public-Private Partnerships are Attempting to Achieve for the Nation of Tomorrow," 17 VA. J.L. & TECH. 1 (Spring 2012)
"Is Social Media a Corporate Spy's Best "Friend"? How Social Media Use May Expose your Company to Cyber-Vulnerability," Bloomberg Law Reports - Technology Law Report, February 13, 2012
"Medical Information At Risk: Digital Security and the Electronic Health Record," Bloomberg Law Reports - Health Law Report, January 17, 2012
"New Age Technology: Brazilian and U.S. Courts 'Scraping' the Surface of Legal Boundaries of Internet Use," Bloomberg Law Reports - Technology Law, November 9, 2011
"WARNING! Time to Appeal Orders Compelling or Denying Arbitration is NOW," The Corporate Counselor, Volume 26, Number 7, November 1, 2011
"Professional Responsibility: Is Your New In-House Counsel Current with New York's New Registration Requirements," Bloomberg Law Reports - Technology Law, Vol. 2., No. 10, September 14, 2011
Interview, The Honorable Robert Menedez, United States Senator from New Jersey and Fernando M. Pinguelo, "Reducing Cybersecurity Risks - Government and Business Working Together," Metropolitan Corporate Counsel, September 1, 2011
"Cyber Anarchy? The Brave New World of Crimes Against Businesses," Commerce, September 2011
"Piercing the Corporate Veil - NJ's Expanding Application to the Limited Partnership," The Corporate Counselor , Volume 26, Number 5, September 2011
Interview, "Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data," Association of Certified E-Discovery Specialist, September 1, 2011
"Technology Taxation: Taxing the 'Cloud' on the Horizon," Bloomberg Law Report- Technology Law, Vol. 3, No. 17, August 22, 2011
"Apple v. Amazon.com - The War for "App" Dominance Advances," Bloomberg Law Reports, May 2011
"Epsilon Breach: Small Businesses Who Get "Hacked" Must Act - Now," Bloomberg Law Reports, 2011
"Is Your Business Venturing into the Cloud? Beware of the Fine Print!" Bloomberg Law Reports, April 27, 2011
"Morals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to Know," Seton Hall University School of Law Journal of Sports and Entertainment Law, November 2009
"eDiscovery & Immigration? How eDiscovery Lurks in Nearly Every Case," Interpreter Releases, October 19, 2009
"The Internet & Digital Downloading Are Changing The Music Industry," Commerce Magazine, September 2008
"Protecting Sources in America," School of Journalism, The University of British Columbia, June 2008
"Satisfy Your Company's E-Discovery Obligations," New Jersey Law Journal, June 16, 2008
"Why Your Business May Be At Risk...Seven misconceptions businesses have about electronically stored information, the electronic discovery amendments to federal and state court rules, and the direct impact these issues have on a business," The Metropolitan Corporate Counsel, June 2008
"Write It Right: From A to Z," New Jersey Law Journal, October 15, 2007
"The First Step To Meeting The E-Discovery Challenge? Have A Document Management Protocol In Place And Comply with It!" The Metropolitan Corporate Counsel, November 2007
"E-Discovery Rule Amendments: Have They Created the Need For You to Learn a New Language?" Norris McLaughlin & Marcus Business Practices Alert, October 2007
"9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts," Legal TIP, Association of Corporate Counsel Website, July 2007
"A Reporter's Confidential Source ... Revealed?" The National Academy of Television Arts & Sciences (New York Chapter) Website, June 2007
"Why your business may be at risk: Seven misconceptions businesses have about electronically stored information and the direct impact this issue has on businesses," Norris McLaughlin & Marcus Business Practices Alert, June 2007
“Executive Summary on U.S. President Barack Obama’s February 12, 2013 Executive Order on Improving Critical Infrastructure Cybersecurity,” Escola Paulista da Magistratura, Sao Paulo, Brazil, March 22, 2013
“Roundtable: Brazilian-U.S. Dilemmas, Initiatives, and Approaches to Common Challenges,” Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados, Sao Paulo, Brazil, March 21, 2013
"First, Do No Harm: Preserving and Admitting Foreign Electronic Information," 9th Annual Georgetown Law Advanced e-Discovery Institute, December 6-7, 2012, Ritz Carlton Hotel, Tysons Corner, Virginia
"Silicon Alley South: Cyber-Compliance and Risk Management for South and Central America's Burgeoning Technology Sector," Fall Meeting, American Bar Association, Section of International Law, Miami Beach, Florida, October 18, 2012
"Do's and Dont's: Legal Risks in Outsourcing-Solutions and Strategies," Global LPO Conference and Exhibition, Elmhurst, NY, October 12, 2012
"Hot Topics in E-Discovery," Center for CLE & Academic Conferences, Suffolk University Law School, Boston Massachusetts, October 5, 2012
"eDiscovery: What You Really Need to Know - A Practitioner's Guide to NJ State and Federal Civil Practice," New Jersey Law Journal (ALM), Edison, New Jersey, October 3, 2012
"Recent Developments in New Jersey Law - Social Media's Impact on New Jersey Law," New Jersey Institute for Continuing Legal Education, New Brunswick, New Jersey, July 26, 2012
"Meritas in the Cloud: The Digital Law Office," Meritas Law Firms Worldwide, New Orleans, Louisiana, April 26, 2012
Program Chair & Moderator, "Economic Espionage & Social Media: Where Is Your Data Tonight?" American Bar Association (ABA) Section of International Law - Spring Meeting 2012, New York City, April 19, 2012
"Global Impact of Recently Proposed EU Data Protection/Privacy Reforms on Private Funds and Other Financial Firms," The Global Compliance Consultancy Group, New York City, April 16, 2012
"Global Impact of Recently Proposed EU Data Protection/Privacy Reforms on Private Funds and Other Financial Firms," The Global Compliance Consultancy Group, New York City, April 2, 2012
Presenter, "EHR Security and The HIPAA Risk: Carrots, Sticks and More Carrots," HiSoftware, November 9, 2011
Moderator, "From Crisis to Catharsis: Cybersecurity and Legal Measures to Respond to, Remediate, and Prevent Data Breaches," The Masters Conference, Washington, DC, October 4, 2011
Moderator, "Economic Espionage & Social Media: Where Is Your Data Tonight?" Fecomercio's Third Annual Cyber Law Conference, Sao Paul, Brazil, October 10, 2011
"The Virtual Doctor Will See You Now: The Implications of Increasing Health Information Flows Across Borders," American Bar Association, Section of International Law, June 17, 2011
Program presenter, Retirement Reception: The Honorable Edwin H. Stern, Supreme Court of New Jersey, East Brunswick, New Jersey, June 16, 2011
"Cybersecurity Law and Policy: Changing Paradigms and New Challenges," Cybersecurity Law Project, Seton Hall University School of Law, Newark, New Jersey, June 8, 2011
"The Virtual Doctor Will See You Now: The Implications of Increasing Health Information Flows Across Borders," American Bar Association, Section of International Law, May 23, 2011
"Virtual Crimes - Real Damages: Challenges Posed By Cybercrimes in the U.S. and Efforts to Combat Cybercriminals," Univerisity of Virginia School of Law, Charlottesville, Virginia, March 3, 2011
"Emphemeral Boundaries: Cross-Border Implications of Cloud Computing," ABA International Section Annual Meeting, Paris, France, November 5, 2010
"Global Challenges Posed By Electronic Crimes: The U.S. Government Perspective," Second Congress on Electronic Crimes and Forms of Protection, Sao Paulo, Brazil, September 28, 2010
"The Impact of Technology on the Attorney Client Privilege: A Case Study of Stengart v. Loving Care and Beyond," New Jersey Institute for Continuing Legal Education, New Brunswick, New Jersey, June 16, 2010
"Litigating in the Public Eye: How to Deal With the Press When Crisis Hits," Meritas Law Firms Worldwide, Los Angeles, California, April 9, 2010
"Cloud Computing: Navigating Cross-Border Data Protection Conflicts and Jurisdiction," Meritas Law Firms Worldwide, Los Angeles, California, April 9, 2010
"The Water Cooler Effect: How The Social Media Sensation Offers Businesses Risks and Rewards," Greater Lehigh Valley Chamber of Commerce, Bethlehem, Pennsylvania, April 16, 2010
The Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses, The Cardozo Arts & Entertainment Law Journal Annual Spring Symposium, March 4, 2010
"Emerging Issues in eDiscovery: How Are Company Legal Departments Positioning to Deal With eDiscovery In the Event of Further Litigation," Campbell Law Review Symposium, Raleigh, North Carolina, January 22, 2010
"Hot Topics in Venue Construction, Licensing and the Challenges Presented by Instant News," Sports Media & Entertainment Law Panel at the Third Annual Corporate Counsel Roundtable, Newark, New Jersey, November 17, 2009
"E-Discovery: Trends and Development Two Years After the New Rule," Hispanic National Bar Association Annual Convention, Albuquerque, New Mexico, September 4, 2009
"eData & Information Security: Friend of Foe?" Association of Corporate Counsel and Meritas, August 19, 2009
"Fernando Pinguelo Delivers eData Security Lecture To Association of Corporate Counsel," Association of Corporate Counsel, August 19, 2009
"Hot Topics in Labor & Employment Law 2009: Employment Implications of Online Social Networking," NMM, P.A., Bridgewater, New Jersey, June 18, 2009
"The Rise of E-Discovery," The Insurance Accounting & Systems Association, Orlando, Florida, June 8, 2009
"Email Manners: Watch What You Say or You'll Be Watched," St. Regis Hotel, New York City, June 2009
"E-Discovery: Forging Client Relationships Through Technical Expertise," MERITAS Law Firms Worldwide, Orlando, Florida, April 24, 2009
"E-Discovery and its Impact on Corporate Governance and Litigation," Rutgers University School of Law Symposium, Newark, New Jersey, April 2, 2009
2008 Sports & Entertainment Law Symposium: From the Arena to the Streets: The Pressures Placed on Athletes, Entertainers and Management, Seton Hall University School of Law, Journal of Sports and Entertainment Law, November 7, 2008
E-Discovery - What You "Technically" Should Know and More, Mercer County Bar Association, November 6, 2008
"2008 Hot Topics in Labor & Employment Law," Norris McLaughlin & Marcus, P.A., Bridgewater, New Jersey, June 17, 2008
"The Impact of Law in Today's Music Industry: Digital Downloading and What It Means for the Future of Music," Seton Hall University School of Law, March 13, 2008
"What You 'Technically' Should Know and More," Mercer County Bar Association, February 13, 2008
"Electronically Stored Information: Where Technology Meets The Law - If It Hasn't Been In Your Courtroom Yet, It Will!" The Judicial College of the Administrative Office of the Courts, New Jersey Superior Court, November 20, 2007
Podcast: "9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts," Lawline.com, November 19, 2007
"E-Discovery: Is Your Business Ready To Navigate Through The Minefield?" HalfMoon Seminar, November 1, 2007
"E-Discovery Federal and State Rule Amendments: What To Expect and How To Prepare," Construction Law Section Meeting, New Jersey State Bar Association, October 17, 2007
"E-Discovery: Is Your Business Ready To Navigate Through The Minefield?" NMM Seminar, September 19, 2007
"Drafting and Reviewing Legal Documents," HalfMoon Seminar entitled New Jersey Legal Assisting Fundamentals, August 29, 2007
"Nine Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts," Association of Corporate Counsel, July 12, 2007
"E-Discovery: What Is It and What It Should Mean To You?" The New Jersey Educational Opportunity Fund, 2007 Legal Program, Seton Hall Law School, June 29, 2007
"E-Discovery: Action Plan: What to Expect and How to Prepare," Annual Meeting of the National Association of Water Companies, New Jersey Chapter, June 22, 2007
"Contract Basics: What every journalist should know before you sign," South Asian Journalists Association's 2007 SAJA Convention and Job Fair, Columbia University, June 19, 2007
"E-Discovery Federal and State Rule Amendments: What To Expect And How To Prepare," New Jersey State Bar Association, June 6, 2007
"Real Life: You're A Lawyer," Student Bar Association of Widener University Law School, March 22, 2006
"A day in the life of an entertainment & sports law professional," Seton Hall Law School Entertainment & Sports Law Society, Spring 2004
Despite a recent veto threat from President Obama, the House on Thursday passed the Cyber Intelligence Sharing and Protection Act (CISPA), which would facilitate the sharing of data and other information between businesses and the federal government. The legislation, which passed by a vote of 288-127, was co-sponsored by Rep. Mike Rogers (R-Mich.) and Rep. Charles Ruppersberger (D-Md.).
According to the Washington Post, the “legislation would require the Intelligence Community Inspector General to produce an annual review of the government’s use of shared information. It would not compel companies to share cyber threat information with the government, according to a summary of the bill.”
President Obama on Tuesday publicly threatened to veto the legislation, citing the broad scope of liability limitations as potential cause for concern. In a Statement of Administration Policy, the President stated, “Citizens have a right to know that corporations will be held accountable – and not granted immunity – for failing to safeguard personal information adequately.”
National Security Council spokeswoman Caitlin Hayden further addressed the administration’s concerns: “We have long said that information sharing improvements are essential to effective legislation. But they must include proper privacy and civil liberties protections, reinforce the appropriate roles of civilian and intelligence agencies, and include targeted liability protections.”
In February, the President issued an Executive Order titled, “Improving Critical Infrastructure Cybersecurity.” The order, which was issued in response to congressional inaction with regard to cybersecurity, sought to improve the information sharing facilities between government agencies and the operators of “critical infrastructure,” and create a voluntary “Cybersecurity Framework” for the operators of “critical infrastructure.”
When deactivating your Facebook account becomes the intentional destruction of evidence Posted on Wednesday April 10, 2013 ""Deactivating your Facebook account and passively allowing it to be permanently deleted can be considered the intentional destruction of evidence. The Plaintiff in Gatto is now facing a potentially damaging adverse jury instruction if he takes his case to trial. In Gatto, a ground operations supervisor at JFK Airport was injured in his course of [...]
Photogrammetry for the Win!… If you know what it does. Posted on Monday April 08, 2013 ""The Federal Rules of Evidence (“FRE”) are notorious for their complication. Hearsay Rules continue to astound attorneys across the country. Now, in a more modern era, we have the advanced electronics capable of aiding the evidentiary process in many ways. But with a jury of lay people, it is difficult to describe the use of [...]
Privileged Communications Have to Actually be Privileged to be Immune Posted on Monday April 01, 2013 ""The brief order by the First Department Appellate Division doesn’t delve into much background (or really any background at all) as to the facts of the present case, however, it does shed some light on discovery matters. The prior order had directed the plaintiff to turn over a certain e-mail as part of the discovery, [...]
Blocking Statutes Watch Out – U.S. Courts Coming Through… Posted on Monday March 25, 2013 ""Just because your adversary makes a request for documents that would violate German law, it doesn’t mean you are not required to do so. In AccessData Corp., the plaintiff made several discovery requests, including a request for a production of documents, which encompassed the production of third-party personal information. The defendant objected to the request [...]