| EXPERIENCE: Gerard M. Stegmaier is an attorney in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where he litigates on behalf of clients 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 securities-related claims including class and SEC-enforcement actions with particular experience preparing such cases for appeal where necessary. Much of Gerry's practice also involves pre-litigation and advisory services relating to privacy, 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. Prior to law school, Gerry served as the director of development and communications for the Friends of the Vietnam Veterans Memorial. In the late '90s, he worked in the legal department of The Motley Fool, Inc. While there, he gained early exposure to many of the issues relating to building online communities, content, and brands, as well as managing fast-growth enterprises and delivering legal services to them 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 consumer protection, privacy, and data protection experience spans litigation, transactional, and regulatory matters. It 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
Gerard M. Stegmaier
continued | - 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
- Successfully defending application service provider and employee alleged to have violated the Computer Fraud and Abuse Act and engaged in trade secret misappropriation by competitor
- 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
- Counseling numerous start-ups in connection with risk management associated with new product and service offerings, especially in Internet and mobile environments
Gerry's representative litigation experience includes the following: - Assisted leading content delivery network with Federal Circuit appeals strategy in patent matters
- Litigated trademark, advertising, and related complex claims involving application of FDA regulations to products lacking FDA approval and complex questions of administrative law in the Eastern District of Virginia's "rocket docket"
- Represented Krispy Kreme Doughnuts, Inc., in connection with defense of securities class action, SEC investigation, and related matters
- Served as lead counsel to Google in its successful defense of 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
- Obtained transfer and subsequent dismissal with prejudice of trade secret and related claims brought against Internet and mobile search company
- Obtained complete dismissal of derivative action brought in connection with termination and buy out of CEO of fast-growing construction and government contracting concern
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continued | - Participated in successful action on behalf of Internet service provider in leading precedent relating 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 action
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 assistant scoutmaster at his sons' scout troop, 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: - President, Fairfax Law Foundation
- Member, International Association of Privacy Professionals
- Member, Advisory Committee, Congressional Internet Caucus (2001-present)
- Member, Advisory Board, Pike and Fischer's Internet Law & Regulation
- Member, Northern Virginia Technology Council; Vice Chair, Events, 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
SELECT PUBLICATIONS: - "New Health Security Breach Notification Rules Become Effective," WSGR Alert, September 24, 2009
- "Health Privacy Changes Create Increased Risks and Obligations for Holders of Health Data," WSGR Alert, July 7, 2009
- "FTC Settlement with Sears Signals Increased Enforcement Risks for Privacy Missteps," WSGR Alert, June 15, 2009
- "FTC Extends Delayed Enforcement of Red Flags Rule until August 1, 2009; Provides Guided Template to Assist Companies in Developing Identity Theft Prevention Programs," WSGR Alert, May 18, 2009
- "FTC Issues New Guidelines for Online Behavioral Advertising," WSGR Alert, February 17, 2009
- "The Cost of a Breach," BizTechMagazine.com, December 2008
- "Children's Privacy Violations Lead to $1 Million Penalty," WSGR Alert, December 17, 2008
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continued | - "New California Legislation Mandates Security Standards and Breach Notifications for Medical Information," WSGR Alert, November 12, 2008
- "New CAN-SPAM Rules Clarify Online Marketing Requirements," WSGR Alert, May 27, 2008
- "Class Certification Poses Obstacles to Bank Class Actions against TJX," Privacy & Data Security Law Journal, January 2008
- Co-author, "25 Years of CAFC Inequitable Conduct Jurisprudence," Patent Strategy & Management, Vol. 8, No. 7, December 2007
- Contributor to the ABA's Consumer Protection Chapter, Antitrust Law Developments (6th edition)
- Contributor to the ABA's forthcoming Consumer Protection Law Developments treatise chapter on international consumer protection
- "Overview of Privacy Law," Pike & Fischer's Internet Law & Regulation
- More publications
- Please see wsgr.com for a complete list of publications.
SELECT SPEAKING ENGAGEMENTS: - Speaker, "Privacy and Data Protection Aspects of Cloud Computing," Cloud Law International Summit, London, England, February 2010
- Moderator, "Social Media and Consumer Protection: Finding a Balance," Northern Virginia Technology Council, December 2009
- Speaker, The George Washington University Law School and Berkeley Law School Privacy Law Scholars Conference, June 2009
- "Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business" Pike & Fischer Webinar, May 2009
- Speaker, "Complying with Mobile Marketing Regulations," ACI National Advanced Forum on Advertising Law, January 2009
- Panelist, First Principles for Internet Privacy Regulation, Silicon Flatirons Conference on Reforming Internet Law, December 2008
- Panelist, "The Law of Network Monitoring," Silicon Flatirons Conference on The Law and Ethics of Network Monitoring, December 2008
- "Social Networks and Privacy," Information Security and Data Privacy Summit 2008: Understanding Risks and Emerging Issues, November 2008
- Co-moderator, "Regulation of Online Behavioral Advertising," The George Washington University Law School and Berkeley Law School Privacy Law Scholars Conference, June 2008
- "Privacy and Information Security: Ten Things IT Professionals Should Know," ISACA Spring Meeting, May 2007
- "User Generated Content: The New, New Media Revolution," Pike & Fischer Teleseminar, March 2007
- "Best Practices in Privacy and Data Protection," ISACA Winter Meeting, January 2007
- More speaking engagements
- Please see wsgr.com for a complete list of speaking engagements.
ADMISSIONS: - Bar of the District of Columbia
- State Bar of Virginia
- 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
Gerard M. Stegmaier
continued | - U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Supreme Court
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