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 pursuing 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 handful of 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.
Successfully addressed breach of security issues for client under New Jersey's Identity Theft Prevention Act.
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 online social networking (OSN) issues for employer whose employees abused the use of OSN sites.
Secured removal from YouTube of video that disparaged client's integrity and caused a negative economic impact on its business.
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.
Assessed and updated large non-profit organization’s cyber security and data privacy policies and implement organization-wide training to help ensure compliance.
Complex Business Disputes/eDiscovery:
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.
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 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.
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 represented prominent Brazilian dentists and prosecuted violations by U.S.-based companies of dentists' copyrights of their unique medical procedure.
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.
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.
Obtained reversal on appeal of an adverse, lower court ruling that violated client's due process, notice, and Fifth Amendment rights.
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.
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.
Secured recently a court order compelling adverse party to produce documents in their native format due to allegations of spoliation and other misconduct.
Assessed large non-profit organization's document management policies and developed a plan to help implement compliance measures, including an eDiscovery protocol.
Served as outside eDiscovery counsel in support of claims filed in a federal action which implicate significant discovery abuses by adverse parties.
Labor & Employment:
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.
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.
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.
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.
Negotiated favorable severance package for executive of an international multi-media company.
Coordinated and led internal investigation into employee theft of company inventory that resulted in $.5M in monthly losses.
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:
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
National solar and alternative energy company
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 (BA, 1994)
The U.S. Fulbright International Exchange Program - Fulbright Specialist
International Association of Privacy Professionals
New Jersey Supreme Court Committee on Evidence
Founder/Co-Chair, Meritas Global Cyber Security & Data Protection Alliance
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
The National Academy of Television Arts & Sciences
Masters Conference, Advisory Cabinet
Organization of Legal Professionals, Board of Governors
Historical Society of the U.S. District Court for the District of New Jersey
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
"Your Contract: Sign on the dotted line?" TVSpy.com, December 1, 2004
"Wait! Don't Sign That Contract: The Effect of the Liquidated Damages Clause," TVSpy.com, September 29, 2003
"The Need for Peace Talks in the War on File-Sharing," TVSpy.com, July 21, 2003
"HIPAA - OUCH! What Every Reporter Should Know," TVSpy.com, June 12, 2003
“Nuts & Bolts of eDiscovery,” New Jersey Institute for Continuing Legal Education, New Brunswick (July 18, 2013) and West Orange (October 4, 2013), New Jersey
“Meeting Your Discovery Obligations in the Electronic Age,” HNBA Annual Convention, Denver, Colorado September 6, 2013
“Hot Topics in U.S. Law Impacting Brazil: eDiscovery, Copyright/Trademark Theft, and Doing Business in the U.S.” Fulbright Specialist Program – Visiting Faculty, Universidade Presbiteriana Mackenzie, São Paulo, Brazil, September 2013
“Strategic Outlook for Major International Sporting Events- Cyber Threats to Infrastructure,” American Bar Association International Law Section, Sao Pãulo, Brazil, August 24, 2013
“Executive Summary on U.S. President Barack Obama’s February 12, 2013 Executive Order on Improving Critical Infrastructure Cybersecurity,” Escola Paulista da Magistratura, São Paulo, Brazil, March 22, 2013
“Roundtable: Brazilian-U.S. Dilemmas, Initiatives, and Approaches to Common Challenges,” Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados, São 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, São 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
"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
"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
Money Talks, eDiscovery Walks Posted on Wednesday October 30, 2013 ""The case at issue is between a mortgage lender and their monocline insurer. While the facts of the actual case are neither relevant nor conducive to bite-sized blog posts, the case nonetheless offers important takeaways in the area of eDiscovery and cost shifting. In this case, a majority of the discovery requests between the parties [...]
Judge Posner – The Peacemaker Posted on Wednesday October 16, 2013 ""In 2011, Heraeus Kulzer, a German company, sued Biomet, Inc. in German court for theft of trade secrets. Heraeus claimed that it provided intimate trade secrets and confidential information to Merck, its distributor. However, in 1998 Merck and Biomet entered a joint venture and Heraeus now claims that Biomet has utilized Heraeus’ trade secrets in [...]
Who Ya Gonna Call… Databusters! Posted on Wednesday October 09, 2013 ""Jane Doe sues Norwalk Community College (NCC) and its Board for sanctions resulting from a sexual harassment suit against a former professor. Doe moved to compel the inspection of certain electronic records possessed by NCC. Plaintiff hired DataTrack Resources, LLC, a forensic computer firm, to inspect NCC’s computer records. DataTrack inspected NCC’s computer files and [...]
Psychic Readings Are Not Beyond the Court’s Reach Posted on Wednesday October 02, 2013 ""What Randi Glazer’s psychics didn’t foresee was the compelled production of their predications. If they could, maybe they would have told her to keep them out of her employee inbox. In Glazer v. Fireman’s Fund Ins. Co., Glazer sued the Fireman’s Fund Insurance Company, alleging the company discriminated against non-African Americans and terminated her because [...]
Protecting Confidential Information Vital to Keep Civil Discovery Functioning Posted on Wednesday September 25, 2013 ""Litigation involving minors and schools can always be a difficult situation for all parties, and issues of confidentiality will often arise. In order to help the judicial system function effectively, blanket protective orders will often be necessary, but judges must also make sure that they are not harming the plaintiff by issuing these orders. In [...]
Fernando M. Pinguelo, advogado baseado nos EUA, com atuação estadual e nacional, responsável pelo Grupo de Segurança Cibernética e Proteção de dados do escritório Scarinci Hollenbeck, LLC de julgamento no sistema juridico norte-americano. Dedica sua prática a litigios complexos, com ênfase em disputas comerciais, segurança cibernética, mídia e questões laborais.
Ex-advogado de acusacao, Fernando é experiente em todas as facetas do processo juridico (julgamento, arbitragem, mediação, e recurso apelativo) em tribunais federais e estaduais. Lida com um amplo espectro de litigios, incluindo delitos comerciais, violacoes de dados, apropriacao indevida de segredos comerciais, violacoes de direitos autorais, fraude, quebra de cláusulas de nao concorrencia e descriminacao.
Líder nas áreas emergentes de Direito Eletrônico e descoberta eletrônica, trabalha em estreita colaboração com seus clientes, a fim de desenvolver estratégias de negócios, gestão e questões legais relativas à dados electrônicos. Foca a sua atuação em prevenção à lides e desenvolvimento de estratégias visando melhorar a capacidade do cliente em gerenciar dados. Conhece bem as consequências nefastas tanto economicas como de relacoes públicas resultantes de vazamento de dados de alto perfil. Quando da ocorrência de uma crise ou emergencia, Fernando mobiliza sua equipe inter-disciplinar de profissionais e implementa uma estratégia de resposta imediata para mitigar danos.
A sua participação ativa com uma afiliação mundial de escritórios de advocacia independentes, presente em todos os Estados Unidos da América (EAU) e em 70 outros países, permite-lhe oferecer aos seus clientes serviços além dos seus limites jurisdicionais. Recentemente, Fernando colaborou ativamente com proposta de legislação federal dos EUA sobre segurança cibernética, e foi nomeado Especialista Fulbright (colaboração com Universidade Presbiteriana Mackenzie, São Paulo) pelo seu trabalho em descoberta eletrônica. Esteve envolvido no primeiro caso de Nova Jersey relacionado com as alteracoes da regra de descoberta eletronica. Entretanto, projetou um dos primeiros “state-of-the-art” cursos de Direito sobre descoberta eletrônica no pais, o que ele presentemente leciona na Seton Hall University/Faculdade de Direito. Atua nos comitês judiciais federais e estaduais, onde contribui para alterações de regras judiciais. Lecionou no Colégio Judicial e Escola Paulista da Magistratura, São Paulo, que oferece a juízes programas acadêmicos para que se mantenham a par dos desenvolvimentos legais.
Dentro da indústria de mídia e entretenimento, Fernando representa personalidades da televisão, incluindo vencedores do “Emmy,” bem como artistas e escritores, sobre uma vasta variedade de questões legais. Também atua como juiz do “Emmy Awards,” patrocinado pela National Academy of Television, Arts & Sciences, capitulo de New York, e é membro das seções de mídia da New York, New Jersey, Washington D.C., e Beverly Hills bar. Participou na televisão como especialista em julgamentos de alto perfil e é constantemente citado em reportagens sobre os casos em que atua efetivamente.
Os inumeros artigos publicados e palestras proferidas em nivel internacional, em suas áreas de atuação, refletem bem a profundidade de seu conhecimento e compreensão dos problemas que seus clientes enfrentam, a partir das perspectivas negociais e legais.
Fernando é filho de pais imigrantes de Portugal e do Brasil. Nasceu e foi criado na área metropolitana de Nova York, e por influência dos pais que sempre deram importância em manter uma conexão com os países de origem, fala fluentemente Português, além de compreender a cultura e tradições das comunidades descendentes.