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 reappointment, 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, Superior Court of New Jersey – Appellate Division. Within the media and entertainment industries, Fernando represents television personalities including Emmy Awardwinning talent, performers, and writers on a variety of legal issues, including cyber security/privacy issues concerning theirInternet reputations.
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 Procedure (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. Notably, Fernando earned 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. Chambers & Partners identified him as a Recognized Practitioner in its Chambers USA 2017, 2014 Guides for Nationwide Privacy & Data Security experienced lawyers. Furthermore, Fernando has been recognized by publications that identify professionals who have made an outstanding impact in helping clients succeed, including National Law Journal who recognized him as a 2015 Cyber Security Trailblazer; The New York Enterprise Report who awarded him its Technology Lawyer of the Year award; Law Technology News 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 who in 2012 profiled him as the new breed of lawyer – The CYBER LAWYER, who is knowledgeable of both the legal and technical side of the cyber world.”
- Cyber Security & Data Protection
- Complex Business Disputes/eDiscovery
- Labor & Employment
- Serve as Outside General Counsel to
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
|INTERVIEW FOR THE ACC: Pinguelo on Data Privacy and Cybersecurity – Some Solutions Can Be Simple, But They Require Attention Beyond Your Perimeter”||Association of Corporate Counsel, Litigation Committee News||June 2017|
|“The State of User Privacy – Twitter and NJ Become the Latest Contributors to the Debate”||Association of Corporate Counsel, Litigation Committee News||March 2017|
|Cross Examination - Protecting your data from cyber attack||New Jersey Law Journal||September 5, 2016|
|Leslie Jones Has Busted Ghosts and Twitter Trolls. Internet Privacy Is Another Issue||PacificStandard||August 26, 2016|
|Cybersecurity Guidance||Meadowlands USA||April 25, 2016|
|How many NSAs does it take to anger Wikimedia? – Apparently just one||Scarinci Hollenbeck, LLC||March 26, 2015|
|Op-Ed: Apple Shows Why the All Writs Act Cannot Decide The Encryption Debate||Legaltech News||February 26, 2016|
|“A Judge Just Ruled That Apple Does Not Have To Unlock a Drug Dealer's iPhone,”||Inc. Magazine||March 2, 2016|
|“The FBI v. Apple: What Does the Law Actually Say?”||Inc. Magazine||February 26, 2016|
|“Is Forcing Apple to Bypass Its Own Security Technology ‘Unreasonably Burdensome’?”||Bloomberg||February 24, 2016|
|Can Lawyers Be Compelled to Produce Data They Compile? An Emerging Front in the Trenches of eDiscovery Battles Digital Discovery & e-Evidence - Bloomberg BNA||May 14, 2015||May 14, 2015|
|Is Your Company Ready To Make Realistic Security Decisions? Superior Attack Intelligence||Norse Corporation||May 21, 2015|
|"Toying with Your Security and Privacy," Superior Attack Intelligence||Norse Corporation||March 26th, 2015|
|"CFAA Amendments: Resolving a (Circuit) Splitting Headache?”||Superior Attack Intelligence, Norse Corporation||February 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?||Law360 04-02-2014||April 2, 2014|
|April 1, 2014: Internet Scam Day – no joke...||eWhite House Watch||April 2, 2014|
|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||2013-2015 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 Magazine||September 2013|
|Court Weighs In on Compelling Non-Party Internet Service Provider to Produce User Information||Bloomberg E-Commerce Law Report||December 19, 2012|
|"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||October 26, 2012|
|The Cloud, Server Consolidation, Ephemeral Data, and Information Security, (Manageable) eDiscovery Challenges Facing CIOs and Info Sec||Bloomberg BNA Digital Discovery & e-Evidence||December 6, 2012|
|Recent Developments in New Jersey Law, Social Media and More...||New Jersey State Bar Association||October 10, 2012|
|NLRB (Again) Weighs in on Workplace Social Media Policies: Employers Take Note||Bloomberg BNA Electronic Commerce & Law Report||August 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||August 6, 2012|
|As Local As Local Law Gets - Part II: New Jersey 2010-2011 Court Term Civil Case Highlights||Metropolitan Corporate Counsel||June 19, 2012|
|Recent Development in New Jersey Law - Social Media and More||New Jersey Institute for Continuing Legal Education||July 26, 2012|
|Bloggers Beware! News Reporter's Privilege May Not Protect Posts On Message Boards||National Academy of Television Arts & Sciences, New York||May 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||March 20, 2012|
|Tecnologia da nova era: tribunais brasileiros e americanos: Scraping a superficie das fronteiras legais do uso da internet||Portal Migalhas||March 20, 2012|
|New Year, New Resolutions: Do I Need an Agent? A Lawyer? A New Contract?||National Academy of Television Arts & Sciences, New York||March 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||February 13, 2012|
|Medical Information At Risk: Digital Security and the Electronic Health Record||Bloomberg Law Reports - Health Law Report||January 17, 2012|
|New Age Technology: Brazilian and U.S. Courts 'Scraping' the Surface of Legal Boundaries of Internet Use||Bloomberg Law Reports - Technology Law||November 9, 2011|
|WARNING! Time to Appeal Orders Compelling or Denying Arbitration is NOW||The Corporate Counselor, Volume 26, Number 7||November 1, 2011|
|Professional Responsibility: Is Your New In-House Counsel Current with New York's New Registration Requirements?||Bloomberg Law Reports - Technology Law, Vol. 2., No. 10||September 14, 2011|
|Interview, The Honorable Robert Menendez, United States Senator from New Jersey and Fernando M. Pinguelo, "Reducing Cybersecurity Risks - Government and Business Working Together"||Metropolitan Corporate Counsel||September 1, 2011|
|Cyber Anarchy? The Brave New World of Crimes Against Businesses||Commerce||September, 2011|
|Piercing the Corporate Veil - NJ's Expanding Application to the Limited Partnership||The Corporate Counselor , Volume 26, Number 5||September, 2011|
|Interview, "Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data"||Association of Certified E-Discovery Specialist||September 1, 2011|
|Technology Taxation: Taxing the 'Cloud' on the Horizon||Bloomberg Law Report- Technology Law, Vol. 3, No. 17||August 22, 2011|
|Apple v. Amazon.com - The War for "App" Dominance Advances||Bloomberg Law Reports||May, 2011|
|Epsilon Breach: Small Businesses Who Get "Hacked" Must Act - Now||Bloomberg Law Reports||May 5, 2011|
|Is Your Business Venturing into the Cloud? Beware of the Fine Print!||Bloomberg Law Reports||April 27, 2011|
|New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made from Work||E-Lessons Learned||March 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||February 1, 2011|
|Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw||B.C. Intell. Prop. & Tech. F. 011101||January 1, 2011|
|Virtual Crimes - Real Damages: Challenges Posed By Cybercrimes In The United States||The Metropolitan Corporate Counsel||November, 2010|
|The Crimes Are Virtual, But The Damages Are Real||Business Without Borders - An International Business Blog||September 8, 2010|
|U.S. Supreme Court Addresses Employee Privacy in the Digital Age||The Corporate Counselor||August 2010|
|Policing Workplace e-Mail Use||The Corporate Counselor||June 2010|
|As Local As Law Gets: Navigating NJ's Unique Legal Landscape||Metropolitan Corporate Counsel||June 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.||April 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||April 2010|
|Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead to Wheel of Sanctions||National Law Review||March 4, 2010|
|New Jersey and Stengart: Perfect Together?||E-Lessons Learned||February 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||November, 2009|
|eDiscovery & Immigration? How eDiscovery Lurks in Nearly Every Case||Interpreter Releases||October 19, 2009|
|An Aside: Sifting Through The "Fog"||E-Lessons Learned||October 9, 2009|
|NJ Appellate Court Reserves Course: Attorney-Client Privilege Revived||Discovery Resources||October 16, 2009|
|Use of the Internet in Employee Background Checks||Labor & Employment Law Alert||July 2009|
|BREAKING NEWS: Employer's "Cyber-Snooping" on MySpace Results in Verdict in Ex-employee's Favor||E-Lessons Learned||June 18, 2009|
|Pre-Zubulake: Email Litigation Hold? Sure, Just Do It Right To Avoid Sanctions||E-Lessons Learned||May 28, 2009|
|Employers Beware: 'Cyber Snooping' An Employee's Private MySpace Account May Not Fit The Bill||E-Lessons Learned||April 14, 2009|
|eDiscovery Plain & Simple||Metropolitan Corporate Counsel||April, 2009|
|Best Practices in Digital File Storage - In Anticipation of Litigation||Meritas - Law Firms Worldwide||April 24, 2009|
|eDiscovery Special Masters - The New Kid on the Block is Here to Stay||E-Lessons Learned||April 21, 2009|
|New Jersey Court Finds Waiver of Privilege in 'Loving' Way||Discovery Resources||April 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||April 6, 2009|
|Know your jurisdiction...or your client will be pointing their "index" finger at you||E-Lessons Learned||March 13, 2009|
|Rules Governing Fax and E-mail Ads, Offer an Opt-out, or Prepare to Pay Out||The Corporate Counselor||February 2009|
|Death Of The Non-compete For NY Broadcasters?||Law 360||February, 2009|
|No Privacy For Employee Info On Office Computers||Law 360||September 19, 2008|
|The Internet & Digital Downloading Are Changing The Music Industry||Commerce Magazine||September, 2008|
|Protecting Sources in America||School of Journalism, The University of British Columbia||June, 2008|
|Satisfy Your Company's E-Discovery Obligations||June 16, 2008|
|“Annual Symposium on Cybersecurity and the Law: Breach Response,” Albany Law School||October 19-20, 2017|
|“Cyber Security and Your Business,” Monmouth-Ocean Development Counsel – – Business Growth & Management Committee||June 8, 2017|
|Social Media and Cyber SecurityNew Jersey Society of Certified Public Accountants – Essex County Chapter, East Hanover||May 19, 2017|
|“Electronic Investigation & EDD – Super-Cyber Investigations: Cyber Security and Identification Theft—in Light of National and Commercial Hacking Scandals,” New Jersey Association for Justice, Boardwalk Seminar, Atlantic City||April 26, 2017|
|“Technology and 21st Century Small Firm Practice,” Seton Hall Law School||March 29, 2017|
|U.S. District Court Judicial Conference: Cybersecurity & Data Privacy,Association of the Federal Bar of New Jersey||March 23, 2017|
|Legal Duties and Ethical Issues in E-Discovery, New Jersey State Bar Association||March 2, 2017 and January 16, 2017|
|“Central Jersey Think Tank,” Lawson, Rescinio, Schibell & Associates, PC||February 28, 2017|
|“Hispanic Heritage Month presentation Hispanic/Latino Heritage: Leaders from the Bench and Bar,” Monmouth County Vicinage||November 1, 2016|
|“Professionalism Day,” U.S. District Court – Newark||October 19, 2016|
|Top 2016 Privacy and Cybersecurity Issues on the Minds of GCs and Your Clients: From Defending Litigation by the FTC and Consumers to Conducting Corporate Internal Investigations, New Jersey State Bar Association Annual Meeting &||May 18, 2016|
|“Demystifying the Deep Dark Web,” MetroLALSA’s Sixth Annual Pa’lante Conference on Privacy Law, Fordham Law School, New York||March 12, 2016|
|“Data Breach: Legal Ramifications and Responsibilities,” Rutgers Computer & Technology Law Journal, Rutgers School of Law, Newark||February 26, 2016|
|“Year-End Super CLE: eDiscovery Update: New Federal Amendments & Keyword Search Strategies,” New Jersey Law Journal, Morristown||December 5, 2015|
|“Professionalism Day,” U.S. District Court – Newark||October 29, 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|
|“Professionalism Day,” U.S. District Court – Newark||October 15, 2014|
|“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|
|“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|
|“Year-End Super CLE: eDiscovery Update: New Federal Amendments & Keyword Search Strategies,” New Jersey Law Journal, Morristown||December 5, 2015|
|“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|
|Forbes||“Can You Be Arrested – Or Sued – For Viewing Or Sharing Nude Celebrity Photos?” Here Are Some Relevant Laws – Joseph Steinberg||September 24, 2014|
|USA Today||In cases of leaked photos such as Vonn’s, legal consequences can be murky, Katherine Fitzgerald||August 2017|
|Bloomberg||“Oprah Winfrey’s ‘Own Your Power’ Trademark Win Overturned,” Don Jeffrey||May 31, 2013|
|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|
|The Christian Science Monitor||“Bradley Manning: Will the alleged WikiLeaks ally have a compelling defense?” Mark Clayton||February 23, 2012|
|The Christian Science Monitor||“Would SOPA and PIPA bills ‘break’ Internet? Anti- Piracy measure being revised,” Mark Clayton||January 18, 2012|
|The Christian Science Monitor||“Bradley Manning case signals U.S. vulnerability to ‘insider’ cyberattack,” Mark Clayton||December 22, 2011|
|Successful Business News||“If It Can Happen to Target, It Can Happen to You,” Tami Kamin Meyer||January 30, 2014|
|Law360||"Metals Trader Defends $20M Payment Toward Settlement,” Natalie Olivo||August 9, 2017|
|Law360||“Auto Salvage Co. Owner Can't Trim Judgment In Award Row,” Natalie Olivo,||July 3, 2017|
|Law360||“Metals Refiner Fights Salvager's Bid To Slash $16M Verdict,” Chuck Stanley||April 10, 2017|
|Law360||“Refiner Blasts Salvager's Bid To Bolt $200M Arbitral Row,” Chuck Stanley||March 22, 2017|
|Law360||“Refiner Keeps Most Claims In $200M Fraudulent Transfer Suit,” John Kennedy||March 3, 2017|
|Law360||“Impala Must Pay For More Docs, Despite Fraud Allegations,” Jack Newsham||February 3, 2017|
|Law360||"Metal Co. In $200M Award Row Says Wanted Docs Are Secret,” Jack Newsham||September 26, 2016|
|Law360||“Doc Request Goes Too Far In $200M Arbitral Row, Court Told,” Caroline Simson,||December 9, 2016|
|Law360||“Metal Co. Says Docs Irrelevant In $200M Arbitration Fight,” Kali Hays||October 18, 2016|
|Law360||"Auto Salvage Co. Can’t Duck $200M Award Row, Refiner Says,” Matthew Guarnaccia||September 7, 2016|
|Law360||"Travel Website Seeks To Dismiss Delta Fraud Claim," Bill Wichert||September 2, 2016|
|Law360||'Delta Says It Backed Its Fraud Claims Against Websites,” Jeannie O’Sullivan||July 5, 2016|
|Law360||“5 Common Mistakes Young Privacy Attorneys Make," Allison Grande||May 24, 2016|
|Law360||“Refiner Hits Auto Salvage Co. With Fraud Suit Over Award,” Christine Powell||March 24, 2016|
|Law360||“FTC, FCC Sharpen Device Security Focus In Parallel Probes,” Allison Grande,||May 10, 2016|
|Law360||“Apple Peels Away At DOJ Bid To Unlock Phones With NY Win,” Allison Grande||March 1, 2016|
|Law360||“5 Privacy Litigation Developments You May Have Missed,” Allison Grande||January 26, 2016|
|Law360||“FTC Tips Data Security Hand In Wyndham Pact,” Allison Grande||December 10, 2015|
|Law360||“5 Influential Privacy Regulators That You Should Know,” Allison Grande||November 25, 2015|
|Law360||“How To Avoid Being A Discovery Pushover,” Allison Grande||November 24, 2014|
|Law360||“Scarinci Hollenbeck Taps Into Jersey City ‘Renaissance,” Jeff Sistrunk,||May 13, 2014|
|Law360||“NJ High Court Upholds State’s Wiretapping Law,” Martin Bricketto||March 18, 2014|
|Law360||“Facebook Peeks Risk Luring Attys Into Jury Selection Abuses,” Allison Grande||April 28, 2014|
|Law360||“Smart Fridges Head From Kitchen To Courtroom,” Allison Grande||April 4, 2014|
|Law360||New Jersey Cases To Watch in 2014,” Martin Bricketto||January 1, 2014|
|Law360||“Biggest-Ever Hacking Bust Restores Faith In DOJ,” Allison Grande||July 29, 2013|
|Law360||“NJ Cellphone Privacy Ruling Will Inspire More States To Act,” Allison Grande||July 19, 2013|
|Law360||“Courts Endorse New Data-Sorting Formulas For E-Discovery,”||Allison Grande, July 3, 2013|
|Law360||“The Unstoppable Trailblazer: Judge Shira Scheindlin,” Gavin Broady||February 25, 2014|
|Law360||“Taylor Swift Loses Bid To Nix Ex-Manager’s Restitution Claim,” Allison Grande||March 3, 2010|
|Law360||“Metals Trader Defends $20M Payment Toward Settlement,” Natalie Olivo||August 9, 2017|
|Law360||“Auto Salvage Co. Owner Can’t Trim Judgment In Award Row,” Natalie Olivo||July 3, 2017|
|Law360||“Metals Refiner Fights Salvager’s Bid To Slash $16M Verdict,” Chuck Stanley||April 10, 2017|
|Law360||“Refiner Blasts Salvager’s Bid To Bolt $200M Arbitral Row,” Chuck Stanley||March 22, 2017|
|Law360||“Refiner Keeps Most Claims In $200M Fraudulent Transfer Suit,” John Kennedy||March 3, 2017|
|Law360||“Impala Must Pay For More Docs, Despite Fraud Allegations,” Jack Newsham||February 3, 2017|
|Law360||“Metal Co. In $200M Award Row Says Wanted Docs Are Secret,” Jack Newsham||September 26, 2016|
|Law360||“Doc Request Goes Too Far In $200M Arbitral Row, Court Told,” Caroline Simson||December 9, 2016|
|Law360||“Metal Co. Says Docs Irrelevant In $200M Arbitration Fight,” Kali Hays||October 18, 2016|
|Law360||“Auto Salvage Co. Can’t Duck $200M Award Row, Refiner Says,” Matthew Guarnaccia||September 7, 2016|
|Law360||“Travel Website Seeks To Dismiss Delta Fraud Claim,” Bill Wichert||September 2, 2016|
|Law360||“Delta Says It Backed Its Fraud Claims Against Websites,” Jeannie O’Sullivan||July 5, 2016|
|Law360||“5 Common Mistakes Young Privacy Attorneys Make,” Allison Grande||May 24, 2016|
|Law360||“Refiner Hits Auto Salvage Co. With Fraud Suit Over Award,” Christine Powell||March 24, 2016|
|Law360||“FTC, FCC Sharpen Device Security Focus In Parallel Probes,” Allison Grande||May 10, 2016|
|The Record||“Saddle River bank shareholders agree to settlement – $1.2 million deal ends 2-year fight over Saddle River Valley Bancorp,” RICHARD NEWMAN||September 27, 2014|
|The Record||“Bank lawsuit near settlement,” RICHARD NEWMAN||August 14, 2014|
|The Record||“Saddle River bank lawsuit to move forward, Richard Newman||May 27,2014|
|The Record||“New court documents provide details of Saddle River Valley Bank failure,” Richard Newman||November 10, 2013|
|The Record||“Saddle River Valley Bank shareholders want lawsuit documents unsealed,” Richard Newman||October 8, 2013|
|The Record||Small Saddle River Valley Bank gambled big and lost,” Small Saddle River Valley Bank gambled big and lost,”Small Saddle River Valley Bank gambled big and lost,” Richard Newman||September 30, 2013|
|The Record||“Lyndhurst law firm hires Washington insider,” Richard Newman||May 21, 2013|
|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|
|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|
|New Jersey Law Journal||“Court Considering Time Limit on Use of Evidence of Prior Crimes,” Charles Toutant||August 1, 2013|
|New Jersey Law Journal||“Inadmissible,”||May 20, 2013|
|New Jersey Law Journal||“Contractual Limits on Limitation Periods: Employers Battle Back,”||November 21, 2011|
|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|
|New Jersey Law Journal||Article by Charles Toutant,||September 27, 2004|
|WPIX 11- New York||“Faking a tweet? It can be done in seconds,” Mario Diaz||April 29, 2013|
|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|
|Law Technology News||“Judge Scheindlin Helps Demystify Foreign E-Discovery, Litigators face privacy conundrums when attempting overseas e-discovery,” Monica Bay||December 10, 2012|
|Law Technology News||“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||July 9, 2012|
|NJBiz||“CYBER SECURITY – We get it. You got hacked and you want to sue. Who you turn to next can make all the difference.” Andrew Sheldon||May 9, 2016|
|NJBiz||“Digitization offers new pharma marketing landscape,” Jared Kaltwasser||July 9, 2012|
|NJBiz||“Adding technology doesn’t have to mean staff cuts,” Jard Kaltwasser||July 9, 2012|
|NJBiz||“Firms ditch stacks of paper for digital ease – Cloud offers open, closed data storage,” Jared Kaltwasser||May 5, 2008|
|NJBiz||“Many Struggle to Keep the Right Electronic Records,” Martin C. Daks||May 9, 2016|
|NJBiz||“CYBER SECURITY – We get it. You got hacked and you want to sue. Who you turn to next can make all the difference.” Andrew Sheldon||April 30, 2014|
|OLP eJournal||“Recorded Conversations, Public Scrutiny, and Resulting Sanctions: All Data Leads to Discovery,”, Chere Estrin||April 30, 2014|
|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|
|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|
|New York Post||“Mideast Conflict,” Andy Soltis||November 14, 2010|
|New York Post||“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 “Taylor Swift’s Former Managers Sues for Millions,” Robyn Ross||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, book credit||2009|
|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|
|Inc.||“How A New Supreme Court Ruling Will Dramatically Impact Your Online Presence,” Joseph Steinberg||May 19, 2016|
|Inc.||What Apple’s Options Are Now That the FBI Can Bypass iPhone Security Features, Joseph Steinberg||April 11, 2016|
|Court News Service||Oprah Back in Court on ‘Own Your Power’ Slogan, Josh Russell||May 2, 2016|
|New Jersey Business||“Striving to Avoid Cyber-Related Lawsuits,” George N. Saliba||July 2016|
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-theart” 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.
- Boston College Law School (JD, 1997)
- Boston College (BA, 1994)
- Certified Information Privacy Professional (CIPP)
- New Jersey
- New York
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Appeals (Second, Third, Eleventh, 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
- Hispanic Bar Association of New Jersey, Trustee − Region 10 (Monmouth & Ocean Counties) (2014 – 2017)
- 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
- New Jersey Cybersecurity & Communication Integration Cell
- 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