Fernando M. Pinguelo Bio:

Fernando M. Pinguelo, a trial attorney 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 employment. Fernando earned accreditation as an information privacy professional (CIPP/US) from the International Association of Privacy Professionals.

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 results from high-profile data breaches. 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; and the President of the New Jersey State Bar Association appointed him Chair of the Privacy Law Committee. Fernando lectures for state and federal judicial colleges, including the New Jersey Judicial College and Escola Paulista da Magistratura (Sao Paulo), both of which provide judges with academic programs to keep abreast of legal developments. He also 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, including his chapter authorships for the leading treatise on electronic discovery for in-house counsel, eDiscovery for Corporate Counsel (Chapter 17 - Electronic Data, Cyber Security & Crisis Management) (Thomson-West 2013–2014), and New Jersey Federal Civil Practice (Chapter 13 – eDiscovery) (ALM 2011-14). 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; and PenTest magazine who in 2012 profiled Fernando as “the new breed of lawyer – The CYBER LAWYER, who is knowledgeable of both the legal and technical side of the cyber world.”




Boston College Law School (JD, 1997)

Boston College (BA, 1994)

Bar Admissions

New Jersey

New York


District of Columbia

U.S. Supreme Court

U.S. Court of Appeals (Second, Third, and Federal Circuits)

U.S. District Court of New Jersey

U.S. District Court of New York (Eastern, Western, and Southern Districts)

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Title Publisher Date
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 2015
Reasonable Expectations of Privacy Settings: Contemplating the Stored Communications Act Through the Prism of Social Media Duke Law & Technology Review Spring 2014
eDiscovery for Corporate Counsel, Contributing Author, Chapter 17 “Electronic Data, Cyber Security & Crisis Management" Thomson Reuters West Publishing 2013-2014
New Jersey Federal Civil Procedure, Editor of Chapter 13, “E-Discovery” New Jersey Law Journal (ALM) 2013-2014
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 9-2013
Court Weighs In on Compelling Non-Party Internet Service Provider to Produce User Information Bloomberg E-Commerce Law Report 12-19-12
"Olbermann Broadcasting Empire v Current, TV, LLC - A Three-Part Series Uncovering the Legal Battle Between Two Media Titans - Part II," Current TV Counterpunches National Academy of Television Arts & Sciences, New York 10-26-12
The Cloud, Server Consolidation, Ephemeral Data, and Information Security, (Manageable) eDiscovery Challenges Facing CIOs and Info Sec Bloomberg BNA Digital Discovery & e-Evidence 12-6-12
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 9-2012
NLRB (Again) Weighs in on Workplace Social Media Policies: Employers Take Note Bloomberg BNA Electronic Commerce & Law Report 8-8-2012
Olbermann Broadcasting Empire v. Current TV, LLC - A Three-Part Series Uncovering the Legal Battle Between Two Media Titans National Academy of Television Arts & Sciences, New York 8-6-2012
As Local As Local Law Gets - Part II: New Jersey 2010-2011 Court Term Civil Case Highlights Metropolitan Corporate Counsel 6-19-2012
Recent Development in New Jersey Law - Social Media and More New Jersey Institute for Continuing Legal Education 7-26-2012
Bloggers Beware! News Reporter's Privilege May Not Protect Posts On Message Boards National Academy of Television Arts & Sciences, New York 5-14-2012
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 Virginia Journal of Law & Technology, Vol. 17, No. 1 3-20-2012
Tecnologia da nova era: tribunais brasileiros e americanos: Scraping a superficie das fronteiras legais do uso da internet Portal Migalhas 3-20-2012
New Year, New Resolutions: Do I Need an Agent? A Lawyer? A New Contract? National Academy of Television Arts & Sciences, New York 3-2-2012
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 2-13-2012
Medical Information At Risk: Digital Security and the Electronic Health Record Bloomberg Law Reports - Health Law Report 1-17-2012
New Age Technology: Brazilian and U.S. Courts 'Scraping' the Surface of Legal Boundaries of Internet Use Bloomberg Law Reports - Technology Law 11-9-2011
WARNING! Time to Appeal Orders Compelling or Denying Arbitration is NOW The Corporate Counselor, Volume 26, Number 7 11-1-11
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 9-14-2011
Interview, The Honorable Robert Menendez, United States Senator from New Jersey and Fernando M. Pinguelo, "Reducing Cybersecurity Risks - Government and Business Working Together" Metropolitan Corporate Counsel 9-1-11
Cyber Anarchy? The Brave New World of Crimes Against Businesses Commerce 9-2011
Piercing the Corporate Veil - NJ's Expanding Application to the Limited Partnership The Corporate Counselor , Volume 26, Number 5 9-2011
Interview, "Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data" Association of Certified E-Discovery Specialist 9-1-2011
Technology Taxation: Taxing the 'Cloud' on the Horizon Bloomberg Law Report- Technology Law, Vol. 3, No. 17 8-22-2011
Apple v. Amazon.com - The War for "App" Dominance Advances Bloomberg Law Reports 5-2011
Epsilon Breach: Small Businesses Who Get "Hacked" Must Act - Now Bloomberg Law Reports 5-11-2011
Is Your Business Venturing into the Cloud? Beware of the Fine Print! Bloomberg Law Reports 4-27-2011
New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made from Work E-Lessons Learned 3-31-2010
Virtual Crimes - Real Damages: A Primer on Cybercrimes In The United States and Efforts to Combat Cybercriminals 16 VA. J.L. & TECH. 116 2-1-2011
Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw B.C. Intell. Prop. & Tech. F. 011101 1-1-2011
Virtual Crimes - Real Damages: Challenges Posed By Cybercrimes In The United States The Metropolitan Corporate Counsel 11-2010
The Crimes Are Virtual, But The Damages Are Real Business Without Borders - An International Business Blog 9-8-2010
U.S. Supreme Court Addresses Employee Privacy in the Digital Age The Corporate Counselor 8-2010
Policing Workplace e-Mail Use The Corporate Counselor 6-2010
As Local As Law Gets: Navigating NJ's Unique Legal Landscape Metropolitan Corporate Counsel 6-2010
New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made From Work The Bureau of National Affairs, Inc. 4-15-2010
The Reverse-Morals Clause: The Unique Way to Save Talent's Reputation and Money in a New Era of Corporate Crimes and Scandals Cardozo Arts & Entertainment Law Journal 4-2010
Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead to Wheel of Sanctions National Law Review 3-4-2010
New Jersey and Stengart: Perfect Together? E-Lessons Learned 2-15-2010
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 11-2009
eDiscovery & Immigration? How eDiscovery Lurks in Nearly Every Case Interpreter Releases 10-19-2009
An Aside: Sifting Through The "Fog" E-Lessons Learned 10-9-2009
NJ Appellate Court Reserves Course: Attorney-Client Privilege Revived Discovery Resources 10-16-2009
Use of the Internet in Employee Background Checks Labor & Employment Law Alert 7-2009
BREAKING NEWS: Employer's "Cyber-Snooping" on MySpace Results in Verdict in Ex-employee's Favor E-Lessons Learned 6-18-2009
Pre-Zubulake: Email Litigation Hold? Sure, Just Do It Right To Avoid Sanctions E-Lessons Learned 5-28-2009
Employers Beware: 'Cyber Snooping' An Employee's Private MySpace Account May Not Fit The Bill E-Lessons Learned 5-14-2009
eDiscovery Plain & Simple Metropolitan Corporate Counsel 4-2009
Best Practices in Digital File Storage - In Anticipation of Litigation Meritas - Law Firms Worldwide 4-24-2009
eDiscovery Special Masters - The New Kid on the Block is Here to Stay E-Lessons Learned 4-21-2009
New Jersey Court Finds Waiver of Privilege in 'Loving' Way Discovery Resources 4-14-2009
Are YOU a Public Figure? Defamation claims and how today's world of instant celebrity can convert average citizens into public figures National Academy of Television Arts & Sciences, New York 4-6-2009
Know your jurisdiction...or your client will be pointing their "index" finger at you E-Lessons Learned 3-13-2009
Rules Governing Fax and E-mail Ads, Offer an Opt-out, or Prepare to Pay Out The Corporate Counselor 2-2009
Death Of The Non-compete For NY Broadcasters? Law 360 2-2009
No Privacy For Employee Info On Office Computers Law 360 9-19-2008
The Internet & Digital Downloading Are Changing The Music Industry Commerce Magazine 9-2008
Protecting Sources in America School of Journalism, The University of British Columbia 6-2008
Satisfy Your Company's E-Discovery Obligations New Jersey Law Journal 6-16-2008
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 6-2008
Many Struggle to Keep the Right Electronic Records NJ Biz 5-5-2008
Write It Right: From A to Z New Jersey Law Journal 10-15-2007
The First Step To Meeting The E-Discovery Challenge? Have A Document Management Protocol In Place And Comply with It! The Metropolitan Corporate Counsel 11-2011
9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts Legal TIP, Association of Corporate Counsel Website 7-2007
A Reporter's Confidential Source ... Revealed? The National Academy of Television Arts & Sciences (New York Chapter) Website 6-2007
Non-Compete Clauses: Are They Fair? The National Academy of Television Arts & Sciences (New York Chapter) Website 8-18-2006
Your Contract: Sign on the dotted line? TVSpy.com 12-1-2004
Wait! Don't Sign That Contract: The Effect of the Liquidated Damages Clause TVSpy.com 9-29-2003
The Need for Peace Talks in the War on File-Sharing TVSpy.com 7-21-2003
HIPAA - OUCH! What Every Reporter Should Know TVSpy.com 6-12-2003

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FBI Issues Warning Regarding Business E-Mail Compromise
Posted on Tuesday March 17, 2015

The Federal Bureau of Investigation (FBI) issued recently a warning regarding a new e-mail fraud campaign targeting businesses. The sophisticated scam, known as the Business E-Mail Compromise (BEC), reportedly has targeted more than 2,000 victims and caused more than $2 million in losses thus far. The scammers specifically target businesses working with foreign suppliers and/or businesses that regularly perform wire transfer payments. To date, the FBI has received complaints from every state in the United States and across a range of industries. There are several versions of the BEC fraud. In one common scam, a business, which often has a […]

The post FBI Issues Warning Regarding Business E-Mail Compromise appeared first on businesslawnews.com.

The Evolution of Health Care Competition Laws
Posted on Tuesday March 03, 2015

The Federal Trade Commission, in conjunction with the U.S. Department of Justice Antitrust Division, recently held a two-day workshop to analyze the competitive effects of developing health care provider organizations and payment models on the provision of health care services in the United States. Prior to the 1970s, regulators did not enforce anti-competition laws against professional service providers. However, in Goldfarb v. Virginia State Bar, the U.S. Supreme Court ruled that Congress did not intend any sweeping “learned profession” exclusion from the Sherman Act. Accordingly, a minimum fee schedule for title examinations, as published by the Fairfax County Bar Association, […]

The post The Evolution of Health Care Competition Laws appeared first on businesslawnews.com.

Business Productivity: Wi-Fi in the Sky
Posted on Tuesday February 24, 2015

The friendly skies are becoming more productive for business travelers. According to the latest tally, Internet access is available on approximately one-third of all domestic flights. When flying globally, Wi-Fi is available on nearly one-quarter of all flights. “Wi-Fi is one of the most sought-after new amenities fliers want to access on their flights, and there has been significant investment by airlines since our last report,” according to Routehappy CEO Robert Albert. Of course, flyers should be warned that the quality of Internet access in the air does not typically live up to what we are used to on land. […]

The post Business Productivity: Wi-Fi in the Sky appeared first on businesslawnews.com.

Will Information Sharing Improve Cybersecurity or Perpetuate ‘Insecurity’?
Posted on Monday February 23, 2015

President Barak Obama continues to roll out his cybersecurity agenda. On February 13, 2015 the President signed an Executive Order intended to promote information sharing regarding cyber threats impacting the private sector. The President signed the order at the White House Summit on Cybersecurity and Consumer Protection in Palo Alto, California. “There’s only one way to defend America from these cyber threats and that is through government and industry working together, sharing appropriate information as true partners,” he remarked. To quickly identify and protect against cyber threats, the Executive Order lays out a framework for expanded information sharing via information […]

The post Will Information Sharing Improve Cybersecurity or Perpetuate ‘Insecurity’? appeared first on businesslawnews.com.

Cybersecurity Preparedness Exams Results Are In!
Posted on Tuesday February 10, 2015

The Securities and Exchange Commission (SEC) recently published the results of its cybersecurity preparedness examinations of more than 100 broker-dealers and investment advisers. The report highlights that while investment firms are increasingly being targeted by cyberattacks, they are also actively taking steps to address the threats.  The SEC’s Cybersecurity Preparedness Examination Initiative included 57 registered broker-dealers and 49 registered investment advisers, who were selected by the agency to provide perspectives from a cross-section of the financial services industry and to assess various firms’ vulnerability to cyber-attacks. Examiners specifically gathered information regarding the firms’ practices for: identifying risks related to cybersecurity; […]

The post Cybersecurity Preparedness Exams Results Are In! appeared first on businesslawnews.com.

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  • The U.S. Fulbright International Exchange Program - Fulbright Specialist
  • Chair, Privacy Law Committee, New Jersey State Bar Association
  • International Association of Privacy Professionals
  • New Jersey Supreme Court Committee on Evidence
  • Founder/Co-Chair, Meritas Global Cyber Security & Data Protection Alliance

Bar Associations:

  • American Bar Association
  • Third Circuit Bar Association
  • New Jersey State Bar Association, Chair, Privacy Law Committee (2013-2014)
  • 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
  • Volunteer Lawyers for the Arts

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Representative Matters

Cyber Security & Data Protection

  • Represented an IT solutions services company against former employee who posted on a popular professional social media site his professional biography which included confidential, proprietary business information and trade secrets belonging to client, including specific contract terms in violation of client’s agreements with its customers which included confidentiality clauses protecting against the disclosure of any terms and conditions of services performed. Coordinated cease and desist efforts with former employee and social media site, which efforts resulted in immediate take-down of infringing content; and without the need for judicial involvement.
  • 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.
  • Represented 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.
  • Motion for leave to appeal adverse discovery ruling granted in complex business lawsuit
  • 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 internationally recognized lifestyle brands – address a variety of IP and commercial litigation-related matters concerning its brands and related trademarks and copyrights.
  • Radio and television trade association dedicated to represent the interests of its members in the broadcast industry.
  • Specialty prepared-foods company – address a variety of trademark/copyright and business-related matters concerning its products and brand.
  • Bread products distribution company.
  • National solar and alternative energy company.
  • * Serve as national coordinating counsel for Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados, Brazil’s premier cyber law firm.
  • * Serve as local counsel for a leading private equity investor in middle market companies which manages more than $5 billion of assets through its private equity, mezzanine debt, and private senior debt businesses.
  • * Regularly serve as local counsel for national and international law firms without offices in New Jersey.

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Media Coverage

  • Forbes
  • Bloomberg
  • The Christian Science Monitor
  • Successful Business News
  • Law360
    • New Jersey Cases To Watch in 2014," Martin Bricketto, January 1, 2014
    • "Biggest-Ever Hacking Bust Restores Faith In DOJ," Allison Grande, July 29, 2013
    • "NJ Cellphone Privacy Ruling Will Inspire More States To Act,” Allison Grande, July 19, 2013
    • “Courts Endorse New Data-Sorting Formulas For E-Discovery,” Allison Grande, July 3, 2013
    • “The Unstoppable Trailblazer: Judge Shira Scheindlin,” Gavin Broady, February 25, 2014
  • The Record
  • New Jersey Law Journal
    • The Bar Report: The Legal Profession at its Best - Cross-Examination: Privacy Law Committee Chair on Trends and Hot Issues, Plans for the Future, October 14, 2013
    • "Court Considering Time Limit on Use of Evidence of Prior Crimes," Charles Toutant, August 1, 2013
    • "Inadmissible," May 20, 2013
  • WPIX 11- New York
  • eForensics Magazine
    • “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
  • Industry News
    • "LMFAO Being Sued by Former Mangers," Dean Cramer
  • Law Technology News
    • "Defending Big Data," Monica Bay, October 1, 2012
  • NJBiz
    • "Digitization offers new pharma marketing landscape," Jared Kaltwasser, July 9, 2012
  • OLP eJournal
    • "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
    • 2012 Edition
  • Zubulake's e-Discovery
    • Laura A. Zubulake (2012)
  • NJBiz
    • "Firms ditch stacks of paper for digital ease - Cloud offers open, closed data storage," Jared Kaltwasser, July 9, 2012
  • NJBiz
    • "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
  • TMZ Sports
    • NFL Star Dwight Freeney - Feds Bust Advisors For Secretly Jacking Millions, March 26, 2012
  • New York Post
    • "OMG! EIC Spencer goes MIA at AMI's OK!" Keith J. Kelly, March 13, 2012
  • eLessons Learned
    • "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
  • TorrentFreak
    • "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
  • The Star-Ledger
    • Feds order Bergen County bank to beef up anti-money laundering efforts, Ed Beeson, November 27, 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
  • TV Guide
    • "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
  • Fox News
    • "Taylor Swift's Ex-Manager Suing Singer for Millions," October 8, 2010
  • CBS News
    • "Taylor Swift Being Sued for Breach of Contract," Devon Thomas, October 1, 2010
  • Commerce Magazine
    • "Corporate Counsel Roundtable at the NJPAC," Rosemary Dreger Carey, September 2010
  • ABA Journal
    • "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
  • Law360
    • "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
  • KansasCity.com
    • "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
  • CIO Update
    • "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
  • GC Mid-Atlantic
    • Tami Kamin-Meyer, April 2009
  • NJ Biz
    • "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
  • 1010 WINS
    • 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
  • Courier News
    • 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
  • Today's Sunbeam
    • 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
  • The Express-Times
    • 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
  • The Trentonian
    • Article by Associated Press, March 21, 2007

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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.

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  • “Privacy Law Overview: What Businesses Need To Know,” New Jersey Institute for Continuing Legal Education (ICLE), New Brunswick, New Jersey, June 10, 2014
  • "The Privacy Battle in New Jersey - Who is Winning & Losing?" New Jersey State Bar Association (Privacy Law Special Committee) 2014 Annual Meeting and Convention, Borgata Hotel Casino & Spa and The Water Club, Atlantic City, May 14-16, 2014
  • "Business Law and Corporate Counsel Symposium," New Jersey Institute for Continuing Legal Education (ICLE), Renaissance Woodbridge Hotel, April 4, 2014
  • "Fourteenth Annual Bench Bar Luncheon & Ethics CLE Seminar - Social Media and the Law," Mercer County Bar Association, Trenton, March 26, 2014
  • "The Privacy Battle in New Jersey - Who is Winning & Losing?" Privacy Law Special Committee, New Jersey State Bar Association, New Brunswick, New Jersey, March 26, 2014
  • "Professional Crossroads: Ethical Issues and Professional Responsibilities with Respect to E-Discovery," National Organization of Bar Counsel (NOBC), Chicago, February 8, 2014
  • “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," 2013 HNBA Annual Convention, Hyatt Regency Denver Convention Center, September 6, 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

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