Scarinci Hollenbeck, LLCPartner

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About Fernando Marques Pinguelo

Fernando Marques Pinguelo is a lawyer practicing internet, cyber security & data protection, crisis & risk management and 6 other areas of law. Fernando received a B.A. degree from Boston College in 1994, and has been licensed for 29 years. Fernando practices at Scarinci Hollenbeck, LLC in Lyndhurst, NJ.

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Business Law
Posted by anonymous
March 26, 2012
Hired Attorney

Fernando always goes above and beyond what could be expected. He's represented me as my overall attorney since 2003 and I could not recommend him more highly.

Services

Areas of Law

  • Litigation 1
    • Complex Litigation
  • Intellectual Property
  • Other 7
    • Internet
    • Cyber Security & Data Protection
    • Crisis & Risk Management
    • Labor & Employment Law
    • Response To Electronic Discovery & Information
    • E-Discovery
    • Entertainment, Media & Sports Law

Practice Details

  • Languages
    Portuguese
  • Firm Information
    Position
    Partner
    Firm Name
    Scarinci Hollenbeck, LLC

Experience

  • Bar Admission & Memberships
    Admissions
    1997, New Jersey
    1998, New York
    1999, District of Columbia
    U.S. District Court, District of New Jersey, Southern District of New York, Eastern District of New York, Western District of New York
    U.S. Court of Appeals, Second Circuit, Third Circuit, Federal Circuit
    2014, Pennsylvania
    Bar Fellowship
    in Meritas' Leadership Institute

    · Fernando M. Pinguelo Speaks at Mercer County Bar Association e-Discovery Seminar

    · Fernando M. Pinguelo Recognized Among New Jersey's Top 40 Under 40

    · Fernando M. Pinguelo Represents Local Screenwriters in Upcoming DVD Release

    · Norris McLaughlin Member Participates In Entertainment Law Panel Discussion

    · Fernando M. Pinguelo To Speak Before Mercer County Bar Association

    · Fernando M. Pinguelo Featured as Faculty Member of Lawline.com

    · NJBIZ Selects Fernando M. Pinguelo As A Forty Under 40 Award Winner

    Upcoming Events

    · "The Amazing Race: Finding Evidence Globally And Bringing It Back To The U.S In A Form You Can Use In Transactions, Arbitration, Motions And Trials," Meritas Law Firms Worldwide, Vancouver, British Columbia, Canada, April 26, 2013

    · Visiting Professor - Lecture Series: "U.S. Cyber Security and Data Privacy Initiatives and Lessons to be Learned from Brazil," Mackenzie University, Sao Paulo, Brazil, September 2013

    Publications

    · "Recent Developments in New Jersey Law: Social Media and More," Dictum NJSBA Young Lawyer Division Newsletter, March 2013

    · "Court Weighs In on Compelling Non-Party Internet Service Provider to Produce User Information," Bloomberg E-Commerce Law Report, December 19, 2012; Bloomberg Computer Technology Law Report, December 21, 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

    · Book, The State of Cyber Law in the U.S. - A 50-State Survey of Statutes Enacted to Confront the Unique Challenges Posed by the Internet (forthcoming 2013)

    · Book, New Jersey Federal Civil Procedure, Editor of Chapter 13, "E-Discovery," (New Jersey Law Journal (ALM) 2013 Edition)

    · Book, 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 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, July/August 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, 2012

    · "Tecnologia da nova era: tribunais brasileiros e americanos: Scraping a superficie das fronteiras legais do uso da internet," Portal Migalhas, March 20, 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," 17 VA. J.L. & TECH. 1 (Spring 2012)

    · "New Year, New Resolutions: Do I Need an Agent? A Lawyer? A New Contract?" National Academy of Television Arts & Sciencs, 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 the 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 Menedez, 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, 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 (2011)

    · "Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw," 2011 B.C. Intell. Prop. & Tech. F. 011101

    · "Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw," NM&M Internet Law Alert, December 2010

    · "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

    · "Competing Interests: Policing Workplace Email Use in the Face of Employee Privacy Expectations," NMM Labor & Employment Law Alert, June 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, Spring 2010

    · "Zubulake Revisited: Ineffective Lit Holds and Sloppiness Lead to Wheel of Sanctions," National Law Review, March 5, 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, May 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," NMM Labor & Employment Law Alert, November 2008

    · "No Privacy For Employee Info On Office Computers," Law360, 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," New Jersey Law Journal, June 16, 2008

    · "Why Your Business May Be At Risk...Seven misconceptions businesses have about electronically stored information, the electronic discovery amendments to federal and state court rules, and the direct impact these issues have on a business," The Metropolitan Corporate Counsel, June 2008

    · "Many Struggle to Keep the Right Electronic Records," NJ Biz, May 5, 2008

    · "Write It Right: From A to Z," New Jersey Law Journal, October 15, 2007

    · "The First Step To Meeting The E-Discovery Challenge? Have A Document Management Protocol In Place And Comply with It!" The Metropolitan Corporate Counsel, November 2007

    · "E-Discovery Rule Amendments: Have They Created the Need For You to Learn a New Language?" Norris McLaughlin & Marcus Business Practices Alert, October 2007

    · "9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts," Legal TIP, Association of Corporate Counsel Website, July 2007

    · "A Reporter's Confidential Source... Revealed?" The National Academy of Television Arts & Sciences (New York Chapter) Website, June 2007

    · "Why your business may be at risk: Seven misconceptions businesses have about electronically stored information and the direct impact this issue has on businesses," Norris McLaughlin & Marcus Business Practices Alert, June 2007

    · "Non-Compete Clauses: Are They Fair?" The National Academy of Television Arts & Sciences (New York Chapter) Website, August 2006

    · "Your Contract: Sign on the dotted line?" TVSpy.com, December 1, 2004

    · "Wait! Don't Sign That Contract: The Effect of the Liquidated Damages Clause," TVSpy.com, September 29, 2003

    · "The Need for Peace Talks in the War on File-Sharing," TVSpy.com, July 21, 2003

    · "HIPAA - OUCH! What Every Reporter Should Know," TVSpy.com, June 12, 2003

    Blog Posts

    · Business Without Borders - An International Business Blog, April 2010 to Present

    - Apple v. Amazon.com "The War For a App" Dominance Advances

    - Cyber Attack To Be Met As "Act of War"

    - Comprehensive 50 State and Federal Cyber Law and Proposed Legislation Survey Available NOW

    - Epsilon Breach: Small Businesses "Get Hacked" Must Act - Now

    - Is Your Business Venturing into the Cloud? Beware of the Fine Print!

    - Pinguelo and Muller Address Challenges Posed by Cybercrimes

    - Members of the ABA International Law Section Gather in Paris for Annual Meeting and Learn About Cloud Computing

    - Avoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw

    - Virtual Crimes a Real Damages: Challenges Posed By Electronic Crimes in the United States

    - While We Are On The Topic of Cybercrime...

    Press Coverage, Quotes and Interviews

    · Law Technology News

    - First, Do No Harm - Georgetown panel identifies and demystifies cross border e-discovery quandaries," Monica Bay, February 2013

    · D4 eDiscovery Service

    - "Privacy and EU Collection for eDiscovery," Chuck Kellner, December 2012

    · Law Technology News

    - "Judge Scheindlin Helps Demystify Foreign E-Discovery, Litigators face privacy conundrums when attempting overseas e-discovery," Monica Bay, December 10, 2012

    · Industry News

    - "LMFAO Being Sued by Former Mangers," Dean Cramer

    · Law Technology News

    - "Defending Big Data," Monica Bay, October 1, 2012

    · NJBiz

    - "Digitization offers new pharma marketing landscape," Jared Kaltwasser, July 9, 2012

    · OLP eJournal

    - "eLL Founder Joins Prestigious OLP Board of Governors," The Organization of Legal Professionals, Summer 2012

    · The New York Enterprise Report

    - "The 2012 Best Accountants & Attorneys: Industry Practice - Technology," August 2012

    · New Jersey's Top Rated Lawyers

    - 2012 Edition

    · Zubulake's e-Discovery

    - Laura A. Zubulake (2012)

    · NJBiz

    - "Firms ditch stacks of paper for digital ease - Cloud offers open, closed data storage," Jared Kaltwasser, July 9, 2012

    · NJBiz

    - "Adding technology doesn't have to mean staff cuts," Jard Kaltwasser, July 9, 2012

    · New Jersey Law Journal

    - "Supreme Court Special Committee on Discovery in Criminal and Quasi-Criminal Matters," April 9, 2012

    · New York Post

    - "OMG! EIC Spencer goes MIA at AMI's OK!" Keith J. Kelly, March 13, 2012

    · eLessons Learned

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

    · The Christian Science Monitor

    - "Bradley Manning: Will the alleged WikiLeaks ally have a compelling defense?" Mark Clayton, February 23, 2012

    · New York Tackle Journal

    - "Courts Tackle Spyware Interceptions," Peter A. Crusco, February 23, 2012

    · The Christian Science Monitor

    - "Would SOPA and PIPA bills 'break' Internet? Anti- Piracy measure being revised," Mark Clayton, January 18, 2012

    · TorrentFreak

    - "4Shared Sued To Reveal Identify of Infringing Users," January 4, 2012

    · The Christian Science Monitor

    - "Bradley Manning case signals U.S. vulnerability to 'insider' cyberattack," Mark Clayton, December 22, 2011

    · New Jersey Law Journal

    - "Contractual Limits on Limitation Periods: Employers Battle Back," November 21, 2011

    · PA Law Weekly

    - "Social Media's Impact on Business and Employment," Pennsylvania Moving and Storage Associates Annual Conference and Expo, October 25, 2011

    · The New Yorker

    - "You Belong With Me: How Taylor Swift made teen angst into a business empire," Lizzie Widdicombe, October 10, 2011

    · The Association of Certified E-Discovery Specialists (ACEDS)

    - "Law schools drag feet on e-discovery amid increasingly burdensome volume of electronic data," Robert Hilson, September 1, 2011

    · New York Post

    - "Mideast Conflict," Andy Soltis, November 14, 2010

    · TV Guide

    - "Taylor Swift's Former Managers Sues for Millions," Robyn Ross, October 8, 2010

    · The Hollywood Reporter

    - "Taylor Swift's ex-manager sues for millions - EXCLUSIVE: E-mail from her father: I broke 'both his legs'," Matthew Belloni, October 8, 2010

    · New York Post

    - "Taylor Swift's former manager claims he was cheated out of millions," October 8, 2010

    · Fox News

    - "Taylor Swift's Ex-Manager Suing Singer for Millions," October 8, 2010

    · CBS News

    - "Taylor Swift Being Sued for Breach of Contract," Devon Thomas, October 1, 2010

    · Commerce Magazine

    - "Corporate Counsel Roundtable at the NJPAC," Rosemary Dreger Carey, September 2010

    · ABA Journal

    - "Hold that Tiger: After Woods Scandal, More Lawyers Are Teeing Up Moral Clauses," John Gibeaut, September 2010

    · Fordham Intellectual Property Media & Entertainment Law Blog

    - "Morals Clauses: Tiger Woods and The Death of His Sponsorships," Defne Gunay, March 4, 2010

    · Law360

    - "Taylor Swift Loses Bid To Nix Ex-Manager's Restitution Claim," Allison Grande, March 3, 2010

    · eDiscovery Plain & Simple: A Plain English Crash Course in e-Discovery

    - Allison Brecher and Shawnna Childress (2009) (book credit)

    · Los Angeles Times

    - "Morality clauses in contract enable companies to drop Woods, others; started with Hollywood," Dave Carpenter and Emily Fredrix (AP), December 17, 2009

    · Seton Hall University School of Law

    - "eDiscovery Blog 'Where law, technology, and human error collide' makes it to the ABA Journal's Top 100," December 11, 2009

    · Market Dispatches MSN - Money

    - "Haven't Seen a Tiger Woods Ad Lately?" Elizabeth Strott, December 8, 2009

    · KansasCity.com

    - Where's Tiger on TV? His ads have been jerked, Keith Robinson, December 9, 2009

    · Personal Money Store: Money Blog

    - "'Gatorade Tiger' Sports Drink Pulled Off The Market," Shadra Beesley, December 8, 2009

    · The Business Insider

    - Will "Morals" Clauses Impact Tiger's Endorsements?, Erin Geiger Smith, December 8, 2009

    · CIO Update

    - "To Tweet or Not to Tweet is No Longer the Question,"a Robert McGarvey, September 14, 2009

    · New Jersey Law Journal

    - Penn. Firm Sued Over Shaky Grasp of N.J. Lien Law, Henry Gottlieb, August 21, 2009

    · New Jersey Law Journal

    - Devoted to the Law: Richard Norris to get Justice O'Hern Award, August 21, 2009

    · Metropolitan Corporate Counsel

    - "eDiscovery Plain & Simple," April 2009

    · GC Mid-Atlantic

    - Tami Kamin-Meyer, April 2009

    · NJ Biz

    - "Many Struggle to Keep the Right Electronic Records," Martin C. Daks, May 5, 2008

    · The New York Times

    - John Sullivan, March 21, 2007

    · The Star Ledger

    - Article by Claire Heininger, April 19, 2007

    - Article by Ralph R. Ortega, March 21, 2007

    - Article by Ted Sherman and Josh Margolin, February 16, 2007

    - Article by Nyier Abdou, September 26, 2006

    - Article by Claire Heininger, August 29, 2006

    - Article by Matthew Reilly, May 23, 2006

    - Article by Jennifer Weiss, February 28, 2006

    - Article by Nyier Abdou, December 16, 2005

    - New Jersey Law Journal
    -- Article by Charles Toutant, September 27, 2004

    - New Jersey Lawyer
    -- NJSBA Report, May 21, 2007
    -- "Quick Takes," March 21, 2005
    -- Article by Robert G. Seidenstein, March 15, 2004

    - National Public Radio (WBGO and WHYY)
    -- December 18, 2007

    - 1010 WINS
    -- March 20, 2007

    - Asbury Park Press
    -- Article by Associated Press, March 21, 2007
    -- Article by Larry Higgs, May 1, 2004

    - City Belt Magazine
    -- Article by Elizabeth Weill-Greenberg, September 29, 2006

    - Courier News
    -- Business Section, July 10, 2007
    -- Article by Kara L. Richardson, May 11, 2007
    -- Article by Pamela Sroka, March 21, 2007
    -- Article by Christa Regalini, August, 2005
    -- Article by Associated Press, January 22, 2005

    - First Amendment Center
    -- Article by Associated Press, November 28, 2006

    - Gloucester County Times
    -- Article by Associated Press, March 21, 2007

    - Home News Tribune
    -- Article by Christa Regalini, August 2005

    - Jaffe Legal News Service
    -- Article dated December 5, 2007
    -- Article dated July 11, 2007
    -- Article dated May 23, 2007

    - Today's Sunbeam
    -- Article by Associated Press, March 21, 2007

    - Hunterdon County Democrat
    -- Article by Blair Barbieri, March 22, 2007
    -- Article by Editor, November 9, 2006
    -- Article by Blair Barbieri, March 2, 2006
    -- Article by Blair Barbieri, December 22, 2005

    - The Express-Times
    -- Article by Andrea Eilenberger, March 21, 2007

    - The Montclair Times
    -- Article by Paul Brubaker, March 24, 2005
    -- Article by Paul Brubaker, April 22, 2004

    - New York Newsday
    -- Article by Jeffrey Gold, March 20, 2007

    - The Trentonian
    -- Article by Associated Press, March 21, 2007

    Presentations

    · "First, Do No Harm: Preserving and Admitting Foreign Electronic Information," 9th Annual Georgetown Law Advanced e-Discovery Institute, December 6-7, 2012, Ritz Carlton Hotel, Tysons Corner, Virginia

    · "Silicon Alley South: Cyber-Compliance and Risk Management for South and Central America's Burgeoning Technology Sector," Fall Meeting, American Bar Association, Section of International Law, Miami Beach, Florida, October 18, 2012

    · "Do's and Dont's: Legal Risks in Outsourcing-Solutions and Strategies," Global LPO Conference and Exhibition, Elmhurst, NY, October 12, 2012

    · "Hot Topics in E-Discovery," Center for CLE & Academic Conferences, Suffolk University Law School, Boston Massachusetts, October 5, 2012

    · "eDiscovery: What You Really Need to Know - A Practitioner's Guide to NJ State and Federal Civil Practice," New Jersey Law Journal (ALM), Edison, New Jersey, October 3, 2012

    · "Recent Developments in New Jersey Law - Social Media's Impact on New Jersey Law," New Jersey Institute for Continuing Legal Education, New Brunswick, New Jersey, July 26, 2012

    · "Meritas in the Cloud: The Digital Law Office," Meritas Law Firms Worldwide, New Orleans, Louisiana, April 26, 2012

    · Program Chair & Moderator, "Economic Espionage & Social Media: Where Is Your Data Tonight?" American Bar Association (ABA) Section of International Law - Spring Meeting 2012, New York City, April 19, 2012

    · "Global Impact of Recently Proposed EU Data Protection/Privacy Reforms on Private Funds and Other Financial Firms," The Global Compliance Consultancy Group, New York City, April 16, 2012

    · "Global Impact of Recently Proposed EU Data Protection/Privacy Reforms on Private Funds and Other Financial Firms," The Global Compliance Consultancy Group, New York City, April 2, 2012

    · Presenter, "EHR Security and The HIPAA Risk: Carrots, Sticks and More Carrots," HiSoftware, November 9, 2011

    · Moderator, "From Crisis to Catharsis: Cybersecurity and Legal Measures to Respond to, Remediate, and Prevent Data Breaches," The Masters Conference, Washington, DC, October 4, 2011

    · Moderator, "Economic Espionage & Social Media: Where Is Your Data Tonight?" Fecomercio's Third Annual Cyber Law Conference, Sao 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," Norris McLaughlin & Marcus, 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

    · "2008 Hot Topics in Labor & Employment Law," Norris McLaughlin & Marcus, P.A., Bridgewater, New Jersey, June 17, 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

    · "E-Discovery: Is Your Business Ready To Navigate Through The Minefield?" Norris McLaughlin & Marcus Seminar, September 19, 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

    Fernando M. Pinguelo, a trial lawyer and Chair of the firm's Cyber Security & Data Protection Group, devotes his practice to complex litigation with an emphasis on business disputes, cyber security, media and employment matters.

    A former prosecutor, Fernando is experienced in all facets of litigation (trial, mediation, arbitration, and appellate) in both federal and state courts. He handles a broad spectrum of disputes including business torts, data breaches, misappropriation of trade secrets, copyright infringement, fraud, breach of non-compete covenants, and discrimination.

    A leader in the emerging areas of cyber law and electronic discovery, Fernando works closely with business executives, in-house counsel, and HR and IT managers to develop strategies for managing business and legal issues relating to electronic data. He focuses client attention on preventing claims and pursues 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. And 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 active involvement with Meritas, a worldwide affiliation of independent law firms across the U.S. and in 70 other countries, enables him to provide clients with services outside our jurisdictions.

    Recently, Fernando provided commentary on proposed federal legislation concerning cyber security, and received a Fulbright Specialist appointment for his work in electronic discovery. Notably, Fernando was involved in New Jersey's first case addressing its new electronic discovery rule amendments; designed one of the first state-of-the-art electronic discovery law courses in the country, which he teaches at Seton Hall University School of Law; and created the ABA Journal award-winning eLessons Learned, an educational blog about how technology impacts lawsuits.

    Fernando serves on federal and state court committees, including the Third Circuit Bar Association Committee on Rules of Procedure and the Supreme Court of New Jersey Committee on the Rules of Evidence, where he contributes to court rule amendments. Fernando also lectured at the Judicial College, which provides New Jersey state court judges with academic programs to keep abreast of legal developments. He 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. Fernando serves as a judge of the Emmy Awards, sponsored by the National Academy of Television Arts & Sciences, New York Chapter, and is a member of the media sections of the New York, New Jersey, Washington, D.C., and Beverly Hills bar associations.

    Fernando's numerous published articles and speaking engagements in his areas of practice reflect the depth of his knowledge and understanding of the issues that his clients face, from both business and legal perspectives. He has appeared on television as a legal commentator on high-profile trials, and has been quoted and cited in media reports covering cases he has handled.

    Notably, Fernando has received Martindale-Hubbell's AV Preeminent rating since 2011, its highest lawyer rating which serves as an objective indicator of a lawyer's high ethical standards and legal knowledge, analytical capabilities, legal experience that it generates from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. Also, Fernando has been recognized by business publications that identify professionals who have made an outstanding impact in helping their clients succeed, including The New York Enterprise Report who awarded him its Industry Practice Lawyer of the Year award which recognizes the New York tri-state area's top business advisors, and Law Technology News (LTN) who recognized him in its October 2013 magazine issue as one of only a few U.S.-based lawyers with notable experience in handling data security and privacy matters.

  • Education & Certifications
    Law School
    Boston College Law School
    Class of 1997
    J.D.
    Other Education
    Boston College
    Class of 1994
    B.A.
    magna cum laude
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