GERARD M. STEGMAIER

Of Counsel
 
Privacy & Data Security
Consumer Regulatory & Privacy
Entrepreneurial Services
Intellectual Property
Media
National Security

EXPERIENCE:

Gerard M. Stegmaier is an attorney in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he assists clients in matters concerning public and private corporate governance, intellectual property, and Internet issues, especially as they relate to privacy, information security, and consumer protection. He also defends related consumer class actions and government investigations, with particular experience preparing such cases for appeal where necessary. Much of Gerry's practice also involves pre-litigation and advisory services relating to business strategy for privacy by design, data protection, intellectual property, and emerging technologies and markets.

He serves as an adjunct member of the law faculty at George Mason University School of Law, where he has taught courses in privacy, information governance, consumer protection, and securities regulation.

The International Association of Privacy Professionals has designated Gerry as a Certified Information Privacy Professional.

Gerry brings a practical approach grounded in real world experience to serving clients and solving problems. Prior to law school, he served as the director of development and communications for the Friends of the Vietnam Veterans Memorial. In the late 1990s, he worked in the legal department of The Motley Fool, Inc. While there, he gained early exposure to many of the issues related to building online communities, content, and brands, as well as managing fast-growth enterprises and delivering legal services in an efficient and cost-effective fashion.

Following law school, Gerry clerked for the Honorable Pauline Newman at the United States Court of Appeals for the Federal Circuit, the federal appeals court with exclusive jurisdiction over patent matters.

Gerry's experience spans litigation, transactional, and regulatory matters. In recent years he has helped many innovators in the automotive and health information technology industries recognize and govern data as an asset. Recent experience includes:

  • Defending Acxiom Corporation in a consumer class action alleging numerous privacy-related counts. The firm obtained a complete dismissal with prejudice in one of the first federal cases to hold that increased risk of identity theft does not meet the "injury in fact" requirements necessary for standing under the Constitution. (Bell v. Acxiom Corp., 2006 WL 2850042)

  • Counseling publishers, information brokers, advertising networks, social media ventures, and related emerging businesses regarding all aspects of online behavioral advertising and data business strategy, including privacy by design

  • Assisting numerous enterprises in responding to information security incidents and related governmental investigations, especially at the Federal Trade Commission, and complying with breach notification obligations under state law

  • Creating and developing client infrastructure to support privacy assessments, policy documentation, and ongoing training and compliance, especially in connection with multi-national corporations and international data flows, with specific experience with the Gramm-Leach-Bliley Act, HIPAA, the Telecom Act, CAN-SPAM, the EU Data Directive and U.S.-EU Safe Harbor certifications, COPPA, and related laws and regulations

  • Managing privacy and data protection-related issues in connection with mergers and acquisitions and resulting integrations, especially as they relate to cross-border data transfers and the information practices of regulated industries

  • Defending Epsilon and obtaining the early dismissal of a putative class action arising from a data breach that was limited to the disclosure of email addresses and names (Devine v. Epsilon, No. 4:11-CV-01823)

  • Defending a group texting service in a putative class action alleging that administrative text messages sent to group members violated TCPA

  • Counseling numerous start-ups in connection with risk management associated with new product and service offerings, especially in Internet, mobile, and health IT environments, to facilitate scale and create and secure markets

Gerry's representative litigation experience includes the following:

  • Assisted leading content delivery network with patent matters related to its Federal Circuit appeals strategy

  • Litigated trademark, advertising, and related complex claims involving the application of FDA regulations to products lacking FDA approval, as well as other complex questions of administrative law in the Eastern District of Virginia's "rocket docket"

  • Represented Krispy Kreme Doughnuts, Inc., in connection with the defense of a securities class action, SEC investigation, and related matters

  • Served as lead counsel to Google in its successful defense of an action and appeal alleging liability for blog and aggregated news content in case of first impression under Virginia law, and in connection with claims of statutory immunity pursuant to Section 230 of the Communications Decency Act. Successful demurrer upheld by the Supreme Court of Virginia.

  • Served as lead counsel to Association for Competitive Technology in its successful role as an amicus before the U.S. Court of Appeals for the Federal Circuit in Eolas v. Microsoft and routinely assist with Federal Circuit appeals

  • Obtained transfer and subsequent dismissal with prejudice of trade secret and related claims brought against an Internet and mobile search company

  • Obtained complete dismissal of derivative action brought in connection with termination and buy out of the CEO of a fast-growing construction and government contracting concern

  • Participated in a successful action on behalf of an Internet service provider in leading precedent related to enforcement of DMCA subpoenas

  • Successfully briefed appeal sustaining grant of summary judgment protecting rights of Internet service providers and other content providers on First Amendment and Commerce Clause grounds

  • Participated in successful defense of majority shareholder accused of minority-shareholder oppression and unfair dealing in Delaware Chancery

Gerry's community service includes serving as past chair of the Annual Fund Committee of George Mason University, as a member of GMU's Board of Visitors while a law student, as a volunteer with Boy Scouts of America, and as a board member of the Fairfax Law Foundation, the 501(c)(3) affiliate of the Fairfax Bar Association.

EDUCATION:
  • J.D., George Mason University School of Law
    Magna Cum Laude; Editor, George Mason Law Review
  • M.A., History, Catholic University
    Century Scholar
  • B.A., George Mason University
    With Distinction; Member, National Champion Debate Team
ASSOCIATIONS AND MEMBERSHIPS:
  • Past President, Board Member, Fairfax Law Foundation
  • Member, International Association of Privacy Professionals
  • Member, Advisory Committee, Congressional Internet Caucus (2001-present)
  • Member, Advisory Board, Bloomberg BNA's Internet Law & Regulation
  • Member, Northern Virginia Technology Council; Past Co-chair, Social Media Committee; Member, Government Affairs and Private Equity Committees
  • Member, Virginia Legislature's Joint Commission on Technology and Science Privacy Advisory Committee (and predecessor committees), 2001-2008
HONORS:
  • Selected for inclusion in the Internet and e-commerce category of The International Who's Who of Business Lawyers in 2011 and 2012
SELECT PUBLICATIONS:
SELECT SPEAKING ENGAGEMENTS:
  • Speaker, "The Rental Business and the Social Graph—Present and Future," Apartment Internet Marketing Conference, April 26, 2012
  • Speaker, "Privacy: The Past Year from the Trenches," Infosec World Conference & Expo 2012, April 2, 2012
  • Moderator, "The Automobile as Network Node," SXSW, March 13, 2012
  • Speaker, "Data Breach Strikes - Nerds and Geeks Unite: Effective Cooperation Between Privacy and Technical Experts," IAPP Global Privacy Summit, March 9, 2012
  • Panelist, EU – U.S. Cloud Computing Technical Seminar, Brussels, Belgium, July 2011
  • Panelist, "Law: Is Data Protection Becoming the New Trade Restraint?" The 451 Group's Hosting and Cloud Transformation Summit (HCTS EU), London, England, June 2011
  • Moderator, "Creating and Executing a Policy for Social Media Efforts," Northern Virginia Technology Council, April 2011
  • Panelist, "Data Customization and Privacy – Can They Coexist?" SXSW, March 2011
  • Speaker, "Privacy and Data Protection Aspects of Cloud Computing," Cloud Law International Summit, London, England, February 2010
  • More speaking engagements
  • Please see wsgr.com for a complete list of speaking engagements.
ADMISSIONS:
  • Bar of the District of Columbia
  • Virginia State Bar
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia
  • U.S. District Court for the Western District of Virginia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Supreme Court

Contact Information

1700 K Street, NW
Fifth Floor
Washington, DC 20006
Phone | 202-973-8809
Fax | 202-973-8899

Email | Gerard Stegmaiergstegmaier@wsgr.com

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