• 201-896-4100 info@sh-law.com
  • 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, 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 and regularly handles “crisis litigation” which involves the filing of emergency applications with the courts seeking temporary restraining orders (TROs), preliminary injunctions, and other emergent relief.

    Biography

    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, media and employment matters.

    A former prosecutor, Fernando’s experience addresses all facets of litigation (trial, mediation, arbitration, appellate) in both federal and state courts and he regularly handles “crisis litigation,” including emergency applications with the courts. Most recently, the leading global information services company retained him to address a data breach incident reportedly involving the theft of 15 million customers’ sensitive data.

    He serves on state and federal committees, including appointments by the Chief Judge of the District of New Jersey to serve on the Merit Selection Panel for federal magistrate judgeship selection and Chief Justice of the Supreme Court of New Jersey to serve on the Evidence Rules Committee. Fernando handles a broad spectrum of national and international disputes including those involving business torts, data breaches, misappropriation of trade secrets, copyright/trademark infringement, and breach of contract and non-compete covenants. 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 clients 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 in Brazil 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. Moreover, 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 (São 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’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–present), and New Jersey Federal Civil Practice (Chapter 10 – eDiscovery) (ALM 2011-present). 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.

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Português

    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.

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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

    Will California’s ruling impact Apple’s legendary brand if they work with feds?

    Feds v. Apple case sails into unchartered legal waters

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Media Coverage
    • Forbes
    • Bloomberg
    • The Christian Science Monitor
    • Successful Business News
    • Law360
    • The Record
    • BC LAW Magazine
    • Risk Management
    • New Jersey Law Journal
    • WPIX 11- New York
    • IASA Daily News
    • EURweb.com
    • eForensics Magazine
    • Law Technology News
    • D4 eDiscovery Service
    • Industry News
    • NJBiz
    • OLP eJournal
    • The New York Enterprise Report
    • New Jersey's Top Rated Lawyers
    • Zubulake's e-Discovery
    • TMZ Sports
    • New York Post
    • eLessons Learned
    • New York Tackle Journal
    • TorrentFreak
    • The Star-Ledger
    • PA Law Weekly
    • The New Yorker
    • The Association of Certified E-Discovery Specialists (ACEDS)
    • TV Guide
    • The Hollywood Reporter
    • Fox News
    • CBS News
    • Commerce Magazine
    • ABA Journal
    • Fordham Intellectual Property Media & Entertainment Law Blog
    • eDiscovery Plain & Simple: A Plain English Crash Course in e-Discovery
    • Los Angeles Times
    • Seton Hall University School of Law
    • Market Dispatches MSN - Money
    • KansasCity.com
    • Personal Money Store: Money Blog
    • The Business Insider
    • CIO Update
    • Metropolitan Corporate Counsel
    • GC Mid-Atlantic
    • The New York Times
    • The Star Ledger
    • New Jersey Lawyer
    • National Public Radio (WBGO and WHYY)
    • 1010 WINS
    • Asbury Park Press
    • City Belt Magazine
    • Courier News
    • First Amendment Center
    • Gloucester County Times
    • Home News Tribune
    • Jaffe Legal News Service
    • Today's Sunbeam
    • Hunterdon County Democrat
    • The Express-Times
    • The Montclair Times
    • New York Newsday
    • The Trentonian
    The Christian Science Monitor
    • “Not just Bradley Manning: His case spurs broader crackdown on leaks – Seven current or previous government officials or contractors, including Pfc. Bradley Manning, have been charged with espionage for leaking secrets since President Obama took office,” Mark Clayton, July 30, 2013
    • “Bradley Manning: Will the alleged WikiLeaks ally have a compelling defense?” Mark Clayton, February 23, 2012
    • “Would SOPA and PIPA bills ‘break’ Internet? Anti- Piracy measure being revised,” Mark Clayton, January 18, 2012
    • “Bradley Manning case signals U.S. vulnerability to ‘insider’ cyberattack,” Mark Clayton, December 22, 2011
    Successful Business News
    Law360
    • “Apple Peels Away At DOJ Bid To Unlock Phones With NY Win,” Allison Grande, March 1, 2016
    • “5 Privacy Litigation Developments You May Have Missed,” Allison Grande, January 26, 2016
    • “FTC Tips Data Security Hand In Wyndham Pact,” Allison Grande, December 10, 2015
    • “5 Influential Privacy Regulators That You Should Know,” Allison Grande, November 25, 2015
    • “How To Avoid Being A Discovery Pushover,” Allison Grande, November 24, 2014
    • “Scarinci Hollenbeck Taps Into Jersey City ‘Renaissance,” Jeff Sistrunk, May 13, 2014
    • “NJ High Court Upholds State’s Wiretapping Law,” Martin Bricketto, March 18, 2014
    • “Facebook Peeks Risk Luring Attys Into Jury Selection Abuses,” Allison Grande, April 28, 2014
    • “Smart Fridges Head From Kitchen To Courtroom,” Allison Grande, April 4, 2014
    •   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
    • “Taylor Swift Loses Bid To Nix Ex-Manager’s Restitution Claim,” Allison Grande, March 3, 2010
    The Record
    BC LAW Magazine

    Alumni Profile: Fernando M. Pinguelo (CIPP/US), Winter 2015

    Risk Management

    “Hacking the Hackers,” Arthur Piper, October 1, 2014

    New Jersey Law Journal
    • “Client Cybersecurity Demands Drive Burgeoning Practices,” David Gialanella and Gina Passarella, February 6, 2015
    • 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
    • “Contractual Limits on Limitation Periods: Employers Battle Back,” November 21, 2011
    • “Penn. Firm Sued Over Shaky Grasp of N.J. Lien Law,” Henry Gottlieb, August 21, 2009
    • “Devoted to the Law: Richard Norris to get Justice O’Hern Award,” August 21, 2009
    • Article by Charles Toutant, September 27, 2004
    IASA Daily News

    “Cyber Security, Liability Take Center Stage – FBI agent Highlights panel about protecting data, other virtual assets,” Timothy Grace, June 9, 2014

    EURweb.com

    “Oprah Refuses to Hand Over Private Journals in ‘Own Your Power’ Lawsuit,” Mar 20, 2014

    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
    • “Judge Scheindlin Helps Demystify Foreign E-Discovery, Litigators face privacy conundrums when attempting overseas e-discovery,” Monica Bay, December 10, 2012
    • “Defending Big Data,” Monica Bay, October 1, 2012
    D4 eDiscovery Service

    “Privacy and EU Collection for eDiscovery,” Chuck Kellner, December 2012

    Industry News

    “LMFAO Being Sued by Former Mangers,” Dean Cramer

    NJBiz
    • “Digitization offers new pharma marketing landscape,” Jared Kaltwasser, July 9, 2012
    • “Adding technology doesn’t have to mean staff cuts,” Jard Kaltwasser, July 9, 2012
    • “Firms ditch stacks of paper for digital ease – Cloud offers open, closed data storage,” Jared Kaltwasser, July 9, 2012
    • “Many Struggle to Keep the Right Electronic Records,” Martin C. Daks, May 5, 2008
    OLP eJournal
    • “Recorded Conversations, Public Scrutiny, and Resulting Sanctions: All Data Leads to Discovery,”, Chere Estrin, April 30, 2014
    • “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)

    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

    “Mideast Conflict,” Andy Soltis, November 14, 2010

    “Taylor Swift’s former manager claims he was cheated out of millions,” October 8, 2010

    eLessons Learned

    “International Association of Privacy Professionals (IAPP) Global Privacy Summit – Day 2 Recap,”Frank Gonnello, Jr., March 9, 2012

    New York Tackle Journal

    “Courts Tackle Spyware Interceptions,” Peter A. Crusco, February 23, 2012

    TorrentFreak

    “4Shared Sued To Reveal Identify of Infringing Users,” January 4, 2012

    The Star-Ledger

    Feds order Bergen County bank to beef up anti-money laundering efforts, Ed Beeson, November 27, 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

    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

    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

    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

    Metropolitan Corporate Counsel

    “eDiscovery Plain & Simple,” April 2009

    GC Mid-Atlantic

    Tami Kamin-Meyer, April 2009

    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 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

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Presentations
    TitleDate

    “The Right to Privacy: When it comes to privacy, it’s dangerous to assume,” New Jersey Institute for Continuing Legal Education (ICLE), New Brunswick

    June 2015

    Cyber Threats, Crisis Management, Being Prepared in 2015,” Harry Hurley in the Morning (Guest Host Paul S. Rotella), Talk Radio WPG 1450AM

    January 16, 2015

    “The Cutting Edge of E-Discovery: A Review of the Latest Developments and What They Mean for Litigators and In-House Counsel,” NJSBA’s Labor and Employment Section, East Brunswick, NJ

    November 24, 2014

    “Cyber Security and Fraud,” New Jersey Society of CPAs, East Hanover, NJ

    November 14, 2014

    “Get Ready for the Big One! Crisis Management and Disaster Recovery,” New Jersey Broadcasters Association (NJBA) 67th Annual Conference & Gala, Caesars Atlantic City

    June 18, 2014

    “Privacy Law Overview: What Businesses Need To Know,” New Jersey Institute for Continuing Legal Education (ICLE), New Brunswick, New Jersey

    June 10, 2014

    “Cyber Security, Cyber Liability, Technology and How it All Impacts the Insurance Industry,” Technology Super Session, Insurance Accounting & Systems Association Annual Conference (IASA), Indiana Convention Center, Indianapolis

    June 9, 2014

    “Technology and the Law – 2014,” Haydn Proctor American Inn of Court’s 2nd Annual Technology Presentation, American Hotel, Freehold, New Jersey

    June 4, 2014

    Interview with Guest Host, Paul Rotella, Hurley in the Morning, WPG TALK RADIO 1450AM

    April, 25, 2014

    Law Course: Cybersecurity-Computer Crimes (Spring 2014), Guest Lecturer, Seton Hall University School of Law, Newark, New Jersey

    April 25, 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

    July 18-October 4, 2013

    “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

    December 6-7, 2012

    “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

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Publications
    TitlePublisherDate
    Op-Ed: Apple Shows Why the All Writs Act Cannot Decide The Encryption DebateLegaltech NewsFebruary 26, 2016
    “A Judge Just Ruled That Apple Does Not Have To Unlock a Drug Dealer's iPhone,”Inc. MagazineMarch 2, 2016
    “The FBI v. Apple: What Does the Law Actually Say?”Inc. MagazineFebruary 26, 2016
    “Is Forcing Apple to Bypass Its Own Security Technology ‘Unreasonably Burdensome’?” BloombergFebruary 24, 2016
    Can Lawyers Be Compelled to Produce Data They Compile? An Emerging Front in the Trenches of eDiscovery BattlesDigital Discovery & e-Evidence - Bloomberg BNAMay 14, 2015
    Is Your Company Ready To Make Realistic Security Decisions? Superior Attack IntelligenceNorse CorporationMay 21, 2015
    "Toying with Your Security and Privacy," Superior Attack IntelligenceNorse Corporation, March 26th, 2015
    "CFAA Amendments: Resolving a (Circuit) Splitting Headache?” Superior Attack Intelligence, Norse Corporation02-10-2015
    “Reasonable Expectations of Privacy Settings: Social Media and the Stored Communications Act"13 Duke L. & Tech. Rev. 36 2015
    The Privacy Battle In NJ — Who Is Winning And Losing?Law36004-02-2014
    April 1, 2014: Internet Scam Day – no joke...eWhite House Watch04-02-2014
    View all Publications
    Reasonable Expectations of Privacy Settings: Contemplating the Stored Communications Act Through the Prism of Social MediaDuke Law & Technology Review Spring 2014
    eDiscovery for Corporate Counsel, Contributing Author, Chapter 17 “Electronic Data, Cyber Security & Crisis Management"Thomson Reuters West Publishing2013-2015 Present Edition
    New Jersey Federal Civil Procedure, Editor of Chapter 13, “E-Discovery”New Jersey Law Journal (ALM)2013 Present Edition
    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 Magazine9-2013
    Court Weighs In on Compelling Non-Party Internet Service Provider to Produce User InformationBloomberg E-Commerce Law Report12-19-12
    "Olbermann Broadcasting Empire v Current, TV, LLC - A Three-Part Series Uncovering the Legal Battle Between Two Media Titans - Part II," Current TV CounterpunchesNational Academy of Television Arts & Sciences, New York10-26-12
    The Cloud, Server Consolidation, Ephemeral Data, and Information Security, (Manageable) eDiscovery Challenges Facing CIOs and Info SecBloomberg BNA Digital Discovery & e-Evidence12-6-12
    Recent Developments in New Jersey Law, Social Media and More...New Jersey State Bar Association10-10-2012
    NLRB (Again) Weighs in on Workplace Social Media Policies: Employers Take NoteBloomberg BNA Electronic Commerce & Law Report8-8-2012
    Olbermann Broadcasting Empire v. Current TV, LLC - A Three-Part Series Uncovering the Legal Battle Between Two Media TitansNational Academy of Television Arts & Sciences, New York8-6-2012
    As Local As Local Law Gets - Part II: New Jersey 2010-2011 Court Term Civil Case HighlightsMetropolitan Corporate Counsel6-19-2012
    Recent Development in New Jersey Law - Social Media and MoreNew Jersey Institute for Continuing Legal Education7-26-2012
    Bloggers Beware! News Reporter's Privilege May Not Protect Posts On Message BoardsNational Academy of Television Arts & Sciences, New York5-14-2012
    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 TomorrowVirginia Journal of Law & Technology, Vol. 17, No. 13-20-2012
    Tecnologia da nova era: tribunais brasileiros e americanos: Scraping a superficie das fronteiras legais do uso da internetPortal Migalhas3-20-2012
    New Year, New Resolutions: Do I Need an Agent? A Lawyer? A New Contract? National Academy of Television Arts & Sciences, New York3-2-2012
    Is Social Media a Corporate Spy's Best "Friend"? How Social Media Use May Expose your Company to Cyber-VulnerabilityBloomberg Law Reports - Technology Law Report2-13-2012
    Medical Information At Risk: Digital Security and the Electronic Health RecordBloomberg Law Reports - Health Law Report1-17-2012
    New Age Technology: Brazilian and U.S. Courts 'Scraping' the Surface of Legal Boundaries of Internet UseBloomberg Law Reports - Technology Law11-9-2011
    WARNING! Time to Appeal Orders Compelling or Denying Arbitration is NOWThe Corporate Counselor, Volume 26, Number 711-1-11
    Professional Responsibility: Is Your New In-House Counsel Current with New York's New Registration Requirements?Bloomberg Law Reports - Technology Law, Vol. 2., No. 109-14-2011
    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 Counsel9-1-11
    Cyber Anarchy? The Brave New World of Crimes Against BusinessesCommerce9-2011
    Piercing the Corporate Veil - NJ's Expanding Application to the Limited PartnershipThe Corporate Counselor , Volume 26, Number 59-2011
    Interview, "Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data"Association of Certified E-Discovery Specialist9-1-2011
    Technology Taxation: Taxing the 'Cloud' on the HorizonBloomberg Law Report- Technology Law, Vol. 3, No. 178-22-2011
    Apple v. Amazon.com - The War for "App" Dominance AdvancesBloomberg Law Reports5-2011
    Epsilon Breach: Small Businesses Who Get "Hacked" Must Act - NowBloomberg Law Reports5-11-2011
    Is Your Business Venturing into the Cloud? Beware of the Fine Print!Bloomberg Law Reports4-27-2011
    New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made from WorkE-Lessons Learned3-31-2010
    Virtual Crimes - Real Damages: A Primer on Cybercrimes In The United States and Efforts to Combat Cybercriminals16 VA. J.L. & TECH. 1162-1-2011
    Avoid the Rainy Day: Survey of U.S. Cloud Computing CaselawB.C. Intell. Prop. & Tech. F. 0111011-1-2011
    Virtual Crimes - Real Damages: Challenges Posed By Cybercrimes In The United StatesThe Metropolitan Corporate Counsel11-2010
    The Crimes Are Virtual, But The Damages Are RealBusiness Without Borders - An International Business Blog9-8-2010
    U.S. Supreme Court Addresses Employee Privacy in the Digital AgeThe Corporate Counselor8-2010
    Policing Workplace e-Mail UseThe Corporate Counselor6-2010
    As Local As Law Gets: Navigating NJ's Unique Legal LandscapeMetropolitan Corporate Counsel6-2010
    New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made From WorkThe 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 ScandalsCardozo Arts & Entertainment Law Journal4-2010
    Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead to Wheel of SanctionsNational Law Review3-4-2010
    New Jersey and Stengart: Perfect Together?E-Lessons Learned2-15-2010
    Morals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to KnowSeton Hall University School of Law Journal of Sports and Entertainment Law11-2009
    eDiscovery & Immigration? How eDiscovery Lurks in Nearly Every CaseInterpreter Releases10-19-2009
    An Aside: Sifting Through The "Fog"E-Lessons Learned10-9-2009
    NJ Appellate Court Reserves Course: Attorney-Client Privilege RevivedDiscovery Resources10-16-2009
    Use of the Internet in Employee Background ChecksLabor & Employment Law Alert7-2009
    BREAKING NEWS: Employer's "Cyber-Snooping" on MySpace Results in Verdict in Ex-employee's FavorE-Lessons Learned6-18-2009
    Pre-Zubulake: Email Litigation Hold? Sure, Just Do It Right To Avoid SanctionsE-Lessons Learned5-28-2009
    Employers Beware: 'Cyber Snooping' An Employee's Private MySpace Account May Not Fit The BillE-Lessons Learned5-14-2009
    eDiscovery Plain & SimpleMetropolitan Corporate Counsel4-2009
    Best Practices in Digital File Storage - In Anticipation of LitigationMeritas - Law Firms Worldwide4-24-2009
    eDiscovery Special Masters - The New Kid on the Block is Here to StayE-Lessons Learned4-21-2009
    New Jersey Court Finds Waiver of Privilege in 'Loving' WayDiscovery Resources4-14-2009
    Are YOU a Public Figure? Defamation claims and how today's world of instant celebrity can convert average citizens into public figuresNational Academy of Television Arts & Sciences, New York4-6-2009
    Know your jurisdiction...or your client will be pointing their "index" finger at youE-Lessons Learned3-13-2009
    Rules Governing Fax and E-mail Ads, Offer an Opt-out, or Prepare to Pay OutThe Corporate Counselor2-2009
    Death Of The Non-compete For NY Broadcasters?Law 3602-2009
    No Privacy For Employee Info On Office ComputersLaw 3609-19-2008
    The Internet & Digital Downloading Are Changing The Music IndustryCommerce Magazine9-2008
    Protecting Sources in AmericaSchool of Journalism, The University of British Columbia6-2008
    Satisfy Your Company's E-Discovery ObligationsNew Jersey Law Journal6-16-2008
    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 businessThe Metropolitan Corporate Counsel6-2008
    Many Struggle to Keep the Right Electronic RecordsNJ Biz5-5-2008
    Write It Right: From A to ZNew Jersey Law Journal10-15-2007
    The First Step To Meeting The E-Discovery Challenge? Have A Document Management Protocol In Place And Comply with It!The Metropolitan Corporate Counsel11-2011
    9 Things Businesses Need to Know About Jury Waiver Clauses in Employment ContractsLegal TIP, Association of Corporate Counsel Website7-2007
    A Reporter's Confidential Source ... Revealed?The National Academy of Television Arts & Sciences (New York Chapter) Website6-2007
    Non-Compete Clauses: Are They Fair?The National Academy of Television Arts & Sciences (New York Chapter) Website8-18-2006
    Your Contract: Sign on the dotted line?TVSpy.com12-1-2004
    Wait! Don't Sign That Contract: The Effect of the Liquidated Damages Clause9-29-2003

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Representative Matters
    Cyber Security & Data Protection
    • Serve as Local Counsel to world’s leading global information services company with operations in 40 countries concerning recently reported hacker theft of the personal data of 15 million customers; facilitate New Jersey-based response efforts and support national coordinating counsel efforts in connection with investigation and crisis response efforts.

    • Defend IT systems firm in connection with data breach where hackers penetrated point-of-sale system of global food market customer and reportedly stole customers’ sensitive data against claims that breach was due in part to IT services performed by client.

    • Serve as lead U.S. counsel in conjunction with parallel actions venued in Brazil and Florida on behalf of physician concerning an online smear campaign to tarnish his reputation with baseless accusations which had been discredited by Brazilian courts.

    • Represent technology company recognized for innovations in behavioral and predictive intelligence concerning independent contractors’ theft of trade secrets and defamation.

    • 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
    • Corporate counsel – Serve as outside corporate counsel to a diversified media, entertainment and digital marketing services company that owns and operates radio, digital and live event properties. The Company specializes in creating and distributing original entertainment, music and lifestyle content. Its assets include 311 radio stations and over 325 local companion websites in 66 small to mid-sized media markets

    • Successfully obtained temporary restraining order against broker in connection with theft of trade secrets and confidential, proprietary information in connection with FINRA arbitration.

    • Successfully appealed, on an interlocutory basis (i.e., before all claims are resolved as to all parties), an adverse trial court ruling that compelled client to produce certain sensitive information, which reversal meant that the adverse party was barred from inquiring into client’s sensitive information.

    • 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.

    • Filed emergency application seeking temporary restraints/injunction in NY Supreme Court against one of the largest integrated health systems in the U.S. concerning breach of contract claims asserted by voluntary benefits broker, which resulted in near immediate settlement of claims favorable to client.

    • Filed action for breach of contract and successor liability on behalf of national media and entertainment company against prominent auto dealership owned by former NFL/Super Bowl player, which resulted in judgments being entered against defendants and prompted a parallel involuntary bankruptcy proceeding.

    • Defend financial adviser of NFL player/Pro Bowler against claims of breach of contract and fraud in connection with parallel federal criminal complaint alleging conspiracy, wire fraud, and fraudulent transfers of millions of dollars from NFL player’s accounts.

    • Within 24 hours of engagement, replaced existing counsel, assessed facts and legal issues, developed strategy, entered an appearance with the court, filed a motion to dismiss, and appeared in court prepared to argue motion and try case as per final trial call ordered by court on a complex NJ Right to Farm Act and recycling matter.

    • 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.

    • Address termination and related issued under NY state law for blog hosting company.

    Serve as Outside General Counsel to
    • eCommerce and Content Management company recognized for innovations in behavioral and predictive intelligence and personalization

    • Global agency with exclusive rights to trademark of internationally recognized lifestyle brands

    • Diversified media, entertainment and digital marketing services company that owns and operates radio, digital and live event properties in small to mid-sized media markets and specializes in creating and distributing original entertainment, music and lifestyle content.

    • Radio and television trade association dedicated to represent the interests of its members in the broadcast industry

    • National specialty prepared-foods company

    • 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

    • * Regularly serve as local counsel for national and international law firms without offices in New Jersey, including global law firm with more than 2400 lawyers in 42 offices in major centers of business and finance throughout the world

    • * 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

    • * Serve as Local Counsel to world’s leading global information services company with operations in 40 countries

    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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
    Blogs

    Array

    Posted on Wednesday July 06, 2016
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    Array

    Posted on Wednesday July 06, 2016
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    Array

    Posted on Friday June 03, 2016
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    Array

    Posted on Sunday May 15, 2016
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    Array

    Posted on Friday May 13, 2016
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    Awards

    Education

    • Boston College Law School (JD, 1997)
    • Boston College (BA, 1994)

    Bar Admissions

    • New Jersey
    • New York
    • Pennsylvania
    • 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)
    • U.S. District Court, Eastern District of Pennsylvania

    Affiliations

    • Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties)
    • Trustee, Association of the Federal Bar of New Jersey
    • 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