Eric J. Sinrod

Of Counsel

  • Eric J. Sinrod
  • Phone: +1 415 957 3019

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  • Duane Morris LLP
    Spear Tower
    One Market Plaza, Suite 2200
    San Francisco, CA 94105-1127
    USA

Advocate

Eric J. Sinrod is a strong and experienced advocate for his clients and has represented them before the United States Supreme Court, other appellate courts, and in a number of jury and court trials, arbitrations and mediations. His practice has covered many important Internet, software, software defect, technology, intellectual property (trademark, copyright, patent, trade secrets), information, communications, commercial, antitrust, eDiscovery, education, environmental, and insurance coverage issues. He has represented domestic and international clients in major class actions and where hundreds of millions of dollars have been at stake. He also has handled numerous matters for smaller companies and individuals. Mr. Sinrod has been highlighted by an outside publication as "the leading IP attorney in the land," and he has been selected by his peers as one of the "Best Lawyers in America" in the area of Cyber Law and annually as a "Super Lawyer" for Business Litigation. Mr. Sinrod has a reputation for being immediately responsive to clients and working efficiently and within budgets. He is considered a thought-leader on electronic discovery issues, which can lead to great cost savings for clients. While Mr. Sinrod is creative in coming up with solutions to resolve disputes, he will fight strategically when that is in the best interests of clients. Mr. Sinrod also serves as a mediator, and strives to resolve disputes efficiently and effectively for all parties. After a recent matter in which Mr. Sinrod acted as mediator, one attorney stated: "Eric, we were very happy with how you handled the mediation; I would use you again in a heartbeat." He also is innovative and entrepreneurial; for example, he was an early pioneer and developer of Internet law, he started the first Cyberlaw blog, and he also spearheaded Duane Morris' merger with Hancock, Rothert & Bunshoft.

His work has been profiled in The New York Times, The Wall Street Journal, The Washington Post, USA Today, Time.com, Bloomberg News, Trials Digest, The Wall Street Reporter Magazine, Fox News, The Supreme Court of the United States Blog, CFO Magazine, National Law Journal, Wired.com, Computer World, Cyber Esq. Magazine, Business Insurance Magazine, The ABA Journal, The American Lawyer, The California Lawyer, The Privacy Journal, Intellectual Property Counselor, Career Education Review, The Minnesota Star Tribune, Counsel to Counsel, Lawyers Weekly, Lawyers USA, The Recorder, The Daily Journal, Security Management Magazine, Compliance Week, Investor Relations, IPFrontline.com, Business Credit magazine, SCMagazineus.com, The Village Voice, Corporate Counsel's Records Retention Report, The San Francisco Business Times, The East Bay Business Times, Law360, TechPulse360, ROBTV, Newsday, Creditline, SlashDot and Japanese public television.

Blogs and Podcasts

Mr. Sinrod is one of the hosts of TechLaw10, a 10-minute audio podcast update on technology law issues. Mr. Sinrod writes weekly legal blogs for Findlaw.com, and his blogs also have been published by CNET News.com, USAToday.com, Law.com, Computerworld.com, CNN.com, MSN.com, AllThingsDigital.com and Silicon.com and he has been a regular guest speaker covering legal issues for LAWCAST, the Legal Talk Network, Tech TV, KNX CBS Radio, Live Online News and CNET Radio. Mondaq has announced that one of Mr. Sinrod's blogs was the most popular article in the United States in the month that it was published.

Professor

Mr. Sinrod has been an adjunct professor of law and has published many law review and other journal articles. He is a frequent speaker on Internet, intellectual property, information, communications, climate change and environmental issues. He has been an advisor to the Cyberspace Law Seminar at Hastings College of the Law and has taught an Information Law Seminar at Golden Gate University School of Law. He also teaches Constitutional Law, Cybercrime, Environmental Law and Legal Reasoning and the LSAT at Sonoma State University; Business Legal Ethics & Policy as well as The History of Business and Trade at Dominican University's Business School; Tech Law at Radford University; Medical Legal Ethics and Professionalism at the Physician Assistant Graduate School at Dominican University; Tech & Internet Law, International Law & Policy, The Law of Climate Change, Environmental Law & Policy, Environmental Preservation & Eco-Justice, Healthcare Law & Policy, Art Crime Law and Big History at Dominican University; Internet Law, International Law and Ethical, Moral and Legal Dilemmas at the University of California, Berkeley OLLI, the Fromm Institute at the University of San Francisco, Sonoma State OLLI, and the Dominican OLLI; and Business Media Law at Ex'pression Center for New Media. Mr. Sinrod has lectured at conferences at Stanford University Law School, U.C. Berkeley School of Law (Boalt Hall), UCLA School of Law, and he has lectured at the Presidio MBA Graduate School. Mr. Sinrod's videos discussing the intersection of law and technology have been featured on YouTube and Google Video.

Memberships

Mr. Sinrod is a member of the Board of Directors for the Computer Law Association, the Editorial Board of the Journal of Internet Law, the ABA Internet Industry Committee, the Board of Advisors for the Start-Up and Emerging Companies Newsletter for American Lawyer Media, the Advisory Board for the BNA Electronic Commerce & Law Report, and the Executive Committee of the Law Practice Management & Technology Section of the State Bar of California.

Further Experience

Mr. Sinrod was a judicial clerk for the Honorable Samuel Conti, Judge of the United States District Court for the Northern District of California. He served as lead trial attorney in a number of jury trials as a Special Deputy District Attorney for the Marin County District Attorney's Office. Mr. Sinrod has been an appellate and trial moot court judge at Boalt Hall and other law schools.

Mr. Sinrod is admitted to practice law in the United States Supreme Court, a number of other federal courts and all California courts.

Representative Matters

    Mediation

  • Bell v. Acceptance Corp. (Marin Superior Court 2013); Mediator for multi-faceted action to recover losses associated with promissory notes.
  • Vertkin v. California Physicians' Services dba Blue Shield of California (Marin Superior Court 2013); Mediator for complex breach of contract action involving billing practices within physician network.
  • Essociate v. Blue Whaler Investments, et al. (C.D. Cal. 2011); Mediator for complex patent litigation matter relating to Internet-affiliate marketing software.

    • Intellectual Property/Information Technology Litigation

  • dw-link Incorporated v. Giant Bicycle, Inc. and Giant Manufacturing Co., Ltd. (Central District of California, 2013-2014); Lead trial attorney for defendants in patent infringement lawsuit relating to vehicle suspension systems.
  • Yellowstone Mountain Club LLC v. Offshore Limited D and PCI (World Intellectual Property Organization Arbitration, 2012-2013); succeeded in obtaining the transfer of certain domain names.
  • Telswitch, Inc. v. Billing Solutions Incorporated, et al., (Northern District of California, 2012-2013); represented defendants in trade secrets and Computer Fraud and Abuse Act case that resolved prior to trial.
  • Kiskadee Communications (Bermuda) Ltd v. Father, et al. (Bermuda arbitration, 2011-2012); Represented plaintiff company with respect to rights to orbital satellite slot.
  • Kensington Grace Holdings, LLC v. Citizens Business Bank, et al. (Central District of California, 2011-2012); Lead trial attorney in patent infringement case for defendant Montecito Bank & Trust.
  • Fundamental Software, Inc.: ongoing representation of middleware company with respect to full panoply of intellectual property, information technology and commercial issues, including prevailing in significant trademark case.
  • Bethany Lowe Designs, Inc. v. ESC Trading Co., Inc. (Central District of Illinois, 2010); Lead trial attorney for plaintiff in a copyright infringement, unfair competition and unfair trade practices case.
  • Hitek Software v. United Surgical Partners International, 39 Trials Digest 13th 12 (Central District of California, 2010); As lead trial attorney, obtained complete dismissal of case with prejudice before filing pleading responsive to complaint.
  • 1(800)Reminds, Inc. v. Prosodie Interactive (Canada), Inc. (California Court of Appeal, First Appellate District; San Francisco Superior Court, 2009-2010); As lead trial and appellate counsel, obtained dismissal of case, which sought relief based alleged Internet trade secrets theft, because of contractual forum selection clause, and the victory was affirmed by a unanimous appellate panel.
  • Topa Insurance Group v. RCM Technologies, Inc. (Los Angeles Superior Court 2008-2010): Represented as lead counsel an insurance company specializing in personal lines insurance in a major software defect case fraud and related claims against a software company. Obtained pretrial rulings and a trial resolution that the client found favorable.
  • TLC v. RadioShack (Northern District of California, 2008-2009): As lead trial counsel, defended patent infringement action and achieved resolution that client found favorable.
  • Kelley v. Bethany Lowe Designs, Inc. (Central District of California, 2009); As lead trial counsel, represented defendant in copyright case and achieved resolution that client found favorable.
  • Hitek Software v. Vision Financial (Central District of California, 2009); Represented defendant in copyright litigation which resolved to the satisfaction of the client.
  • Hinshaw & Culberston (2006-2007): Retained as expert in complex copyright litigation that led to successful resolution.
  • Abacus America, Inc. v. Alabanza Corporation (San Diego Superior Court, 2006); Represented company in major trade secrets, copyright infringement, source code, software dispute between Web hosting companies; achieved resolution that client found favorable.
  • French Connection Limited v. Frederique Taillefer, WIPO Arbitration and Mediation Center Administrative Panel Decision Re www.frenchconnectiononline.com, Case No. D2005-0255, May 16, 2005. As lead counsel, obtained order transferring a domain name.
  • Highfields Capital Management, L.P. v. Doe, 385 F.Supp.2d 969, 2005 WL 2065142, N.D. Cal., January 18, 2005. As lead counsel, obtained order protecting anonymous Internet free speech.
  • French Connection Limited v. Daniel Bradley, WIPO Arbitration and Mediation Center Administrative Panel Decision Re www.fcuklifestyle.com, Case No. D2004-0742, November 22, 2004. As lead counsel, obtained order transferring a domain name.
  • Begraft v. eBay (New Jersey state court, 2004-2005); Lead trial counsel representing eBay in lawsuit that challenged online sale of ski resort and eBay's online policies; prevailed by motion and case was dismissed with prejudice.
  • BSM, Inc. v. Mitek Systems, Inc. (AAA Arbitration, San Diego, 2004-2005); Lead counsel representing defendant maker of character recognition software in dispute concerning source code and copyright infringement; achieved victory in extensive arbitration.
  • Papazian v. Keynote Systems, Inc. (San Mateo Superior Court, 2004-2005); Lead counsel representing plaintiffs in dispute involving acquisition of one Internet company by another and cross-allegations relating to trade secrets; sought rescission and resolved to client's satisfaction at mediation.
  • ERISCO v. CSRG (Central District of California, 2003); Lead counsel representing Perot Systems in major copyright infringement, antitrust and unfair competition case; effectively resolved case to client's satisfaction at outset.
  • Business Software Alliance v. Workmen's Auto Insurance Company (Los Angeles Superior Court, 2002-2003); Lead counsel representing defendant with respect to allegations of copyright infringement and software piracy; achieved settlement that client found favorable.
  • Workmen's Auto Insurance v. SIS (Los Angeles Superior Court, 2001-2002); As lead trial counsel, secured successful settlement for plaintiff company in major software defect case.
  • Fundamental Software, Inc. v. Fundamental Software, Inc. (Northern District of California, 2001); Lead counsel representing plaintiff middleware company in bet-the-farm trademark infringement action; obtained results client found satisfactory in legal proceedings.
  • U.S. Dep't of State v. Ray, 112 S.Ct. 541(1991): Lead counsel who prepared briefing before the United States Supreme Court regarding critical information withheld under the Freedom of Information Act because of privacy concerns; defeated government's "derivative use" argument.
  • Mayock v. INS, 714 F.Supp. 1558 (N.D. Cal. 1989), rev'd sub nom, Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1991), nationwide settlement, 43 Am. U.L. Re. 325, App. (1994) see also Mayock v. INS, 736 F.Supp. 1561 (N.D. Cal. 1990): As lead counsel, obtained nationwide declaratory and injunctive relief regarding the provision of government materials under the Freedom of Information Act, and also secured the largest award of attorney's fees under the statute.

    • Commercial Litigation

  • Spielman/Yu v. Ex’Pression Center for New Media, 191 Cal. App. 4th 420 (2010); From 2007 to 2012, as the lead trial attorney, represented a private postsecondary education institution in two consolidated actions brought by former students for misrepresentation and various statutory violations. Brought cross-complaint against students for breach of contract and related causes of action for defaulting on their tuition loan payments. Following a two-month jury trial in the Alameda County Superior Court, defeated all of plaintiffs’ claims and obtained verdict that the students had breached their contracts with school and that the school had suffered significant monetary damages. On appeal, the California Court of Appeal affirmed the verdict in all respects except for the trial court’s instruction on one statutory issue that has been remanded for further trial. The case ultimately settled on terms the client found favorable.
  • Tuition Options, LLC v. ATI Enterprises, Inc. (Philadelphia arbitration 2012); Represented defendant and counter-claimant company in the career education sector regarding complicated accounting and contractual issues pertaining to a servicing agreement.
  • Wilson-Vick v. Western Grinding, Inc. (San Mateo Superior Court, 2009-2010); Represented a manufacturer of precision metal parts for use in the medical, aerospace, defense and communication industries and the majority of its officers and directors in an action for fraud and breach of contract brought by one of the officers and directors of the closely held company. Following extended mediation, settled the case on terms the clients found favorable.
  • Ivanhoe Capital, LLC v. Janna Hospitality Holdings, LLC (California Court of Appeal, First Appellate District, 2012; San Francisco Superior Court, 2009-2010) As lead trial counsel representing defendant in complex commercial real estate dispute, obtained dismissal of complaint without leave to amend and award of attorney’s fees and costs; The California Court of Appeal affirmed in a unanimous decision.
  • DiGiacamo v. Ex'pression Center for New Media (Northern District of California, 2008-2009); As lead trial and arbitration counsel, prevailed in compelling case to arbitration and then obtained result at arbitration that client found favorable.
  • Cameron Financial v. Kay-Co Investments, Inc. (San Luis Obispo Superior Court, 2006); Lead trial counsel representing the defendant company in a hotly contested trade secrets dispute relating to company business practices and information; case resolved after prevailed on motions.
  • Carematrix Creditor Litigation (2005-2006); Lead counsel representing national elder care management company in its efforts to recover substantial sums from the debtor in complex bankruptcy proceedings; achieved resolution that client found satisfactory.
  • Cross v. Maric (Los Angeles Superior Court, 2004-2006) Represented educational institution in class action brought by former students alleging statutory violations.
  • Felton Bank Class Action Cases (Three federal cases across the country, 2000-2002); Lead trial counsel representing bank in consumer debt alleged fraud class actions; resolved to client's satisfaction.
  • Pacific Guarantee Mortgage v. Pacific Capital Mortgage (Marin County Superior Court, 1998-1999); Lead trial counsel representing defendant company charged with trade secret misappropriation, employee raiding, and copyright infringements; achieved victory by defeating preliminary injunction motion.
  • Bechtel Wind Turbine Litigation (Northern District of California, 1987-1989); Represented defendant company charged with improper inspection of wind turbines; prevailed on summary judgment.
  • Gilmore Steel Corp. v. United States, 672 F.Supp. 1458 (CIT 1987), rev'd sub nom, Oregon Steel Mills, Inc. v. United States, 862 F.2d 1541 (Fed. Cir. 1988): Represented domestic steel manufacturer in connection with alleged steel "dumping" by Japanese and Korean steel manufacturers.
  • In re Consolidated Capital Securities Litigation (Northern District of California, 1985-1987); Worked with team defending company in securities fraud litigation.

  • In re Apple Securities Litigation (Northern District of California, 1985-1986); Worked with team defending company in securities fraud litigation.

    • Antitrust Litigation

  • American Express Travel Related Services Company, Inc. v. Visa USA, Inc. et al., Case No. 04-CV-08967 (SDNY 2004-2007): Lead trial counsel for Washington Mutual and Providian in massive antitrust case filed by American Express against Visa, MasterCard, and various banks with respect to network rules relating to issuance of credit cards; achieved resolution that client found favorable.
  • In re Insurance Antitrust Litigation, 723 F.Supp. 464 (N.D. Cal. 1989), rev'd, 938 F.2d 919 (9th Cir. 1991), aff'd in part and rev'd in part sub nom, Hartford Fire Ins. Co. v. California, 113 S.Ct. 2891, 125 L.Ed.2d 612 (1993): Represented foreign insurers in multi-district litigation initiated by dozens of state attorneys general and private parties who alleged global conspiracies with respect to the pricing and availability of liability insurance; prevailed on summary judgment.

    • Environmental and Insurance Coverage Litigation

  • Great American Insurance Company v. Michael Chang, et. al. (N.D. Cal. 2012-2013); prevailed on summary judgment and defeated environmental insurance coverage claims.
  • APL Co. PTE Ltd. v. Valley Forge Insurance Company, 2013 U.S.App. LEXIS 20347 (9th Cir. Cal. Oct. 4, 2013); Won Ninth Circuit appeal for insurer establishing no insurance coverage for subject remediation costs.
  • Modesto Irrigation District Pipeline Litigation (Eastern District of California, (2003-2006); Lead counsel representing defendant in case involving responsibility for a pipeline; achieved resolution after successful motion practice.
  • TMX Interactive Mold Litigation (San Francisco Superior Court (2004-2006); Lead counsel representing defendant in toxic mold case; achieved resolution that client found favorable.
  • Three Sisters Ranch Enterprises Environmental Litigation (Northern District of California, 2002-2004); Lead counsel for defendant purchaser of contaminated property; achieved complete victory by proving fraud on summary judgment that led to the rescission of the purchase contract from 16 years earlier and to client not having responsibility for ground and groundwater pollution cleanup.
  • Travelers Cas. and Sur. Co. v. Superior Court, 63 Cal. App. 4th 1440 (1998); Successful amicus briefing on the pollution exclusion contained in general liability policies.
  • Lockheed Insurance Coverage Litigation (Santa Clara Superior Court (1993-2000); Lead counsel for London insurers on numerous issues; victorious at trial in defeating $500 million in claims on Burbank contamination site.
  • Chevron v. Kentucky Agricultural Energy Corporation (San Francisco Superior Court (1987-2000); Represented insurer with respect to claims made under performance guarantee policy as to a fuel ethanol plant; achieved resolution that client found favorable.

Admissions

  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of International Trade
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of Illinois
  • Supreme Court of the United States

Experience

  • Duane Morris LLP
    - Of Counsel, 2014-present
    - Partner, 2000-2014
  • Hancock Rothert & Bunshoft LLP, San Francisco, California
    - Partner, 1992-2000
    - Associate, 1987-1991
  • Heller, Ehrman, White & McAuliffe, San Francisco, California
    - Associate, 1985-1987
  • United States District Court for the Northern District of California
    - Judicial Clerk, Honorable Samuel M. Conti, 1984-1985

Education

  • University of Michigan Law School, J.D., cum laude, 1984
    Associate Editor, University of Michigan Journal of Law Reform
  • Oberlin College, B.A., 1980
    Phi Beta Kappa
    Comfort Starr Scholarship Prize for Academic Excellence

Professional Activities

  • Adjunct Professor, Dominican University and Dominican University Business School
  • Adjunct Professor, University of California at Berkeley
  • Adjunct Professor, Sonoma State University
  • Fromm Institute at University of San Francisco
  • Ex'pression College Program Advisory Committee Member for Entertainment Degree
  • Advisor, Hastings College of the Law
  • Adjunct Professor, Golden Gate University School of Law
  • Adjunct Professor, Ex'pression Center For New Media
  • Adjunct Professor, Redwood High School
  • Journal of Internet Law, Editorial Board Member
  • American Bar Association
    - Internet Industry Committee
  • BNA Electronic Commerce & Law, Advisory Board
  • Start-Up and Emerging Companies Newsletter, American Lawyer Media, Board of Advisors
  • The State Bar of California
    - Law Practice Management and Technology Section
    -- Executive Committee
  • International Technology Law Association
  • Association of Business Trial Attorneys
  • The Bar Association of San Francisco
  • California Trial Lawyers Association
  • San Francisco Trial Lawyers Association
  • Appellate and Moot Court Judge
    - University of California at Berkeley--Boalt Hall School of Law
    - Santa Clara University School of Law
    - Golden Gate University School of Law
  • CYO Girls Volleyball and Basketball Coach

Honors and Awards

  • Listed in Super Lawyers, Corporate Counsel Edition, 2010
  • Named a Super Lawyer for Business Litigation, 2006-present
  • Listed in The Best Lawyers in America for Cyberlaw, 2005-subsequent years
  • Mr. Sinrod's article, "Word to the Wise If You Quit In a Huff," was the most popular article in the United States on the Mondaq service, April 2006.
  • Recipient, Internet Marketing Attorney Awards of 2003. Mr. Sinrod was referred to as "the leading IP attorney in the land."
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Board Memberships

  • Editorial Board, Journal of Internet Law
  • Advisory Board, Start-Up and Emerging Companies Newsletter, published by American Lawyer Media
  • Advisory Board, BNA Electronic Commerce & Law Report

Selected Publications

  • Contributor, Duane Morris Tech Law Blog
  • More than 900 weekly legal blogs for CNET News.com, Findlaw.com, CNN.com, MSN.com, AllThingsDigital.com, Silicon.com, The Supreme Court of the United States Blog, USATODAY.com, American Lawyer Media's Law.com, Computerworld and Upside, all of which are available at http://www.duanemorris.com/site/articles.html and http://www.sinrodlaw.com (1999 to present)
  • Author, "The Year in Tech Law 2016," a compilation of blog posts for Findlaw's Technologist blog, January 2017
  • Author, "The Year in Tech Law 2015," a compilation of blog posts for Findlaw's Technologist blog, January 2016
  • Author, "The Year in Tech Law 2014," a compilation of blog posts for Findlaw's Technologist blog, January 2015
  • "How Will International Law Treat Cyberwar?," Daily Journal, April 11, 2014
  • Author, "The Year in Tech Law 2013," a compilation of blog posts for Findlaw's Technologist blog, January 2014
  • Featured in "Lawyer Blogs Come of Age" by Julia Love, The Recorder, July 26, 2013
  • Featured in "Marin Snapshot: Corte Madera's Eric Sinrod Plugged into Cyber Law" by Vicki Larson, Marin Independent Journal, February 10, 2013
  • "The Challenges of eDiscovery and Cloud Computing," NYSBA Inside, Winter 2012, Vol. 30, No. 3
  • Author, "The Year in Tech Law 2012," a compilation of blog posts for Findlaw's Technologist blog, January 2013
  • Author, "The Year in Tech Law 2011," a compilation of blog posts for Findlaw's Technologist blog, January 2012
  • "By The Numbers – The Internet Affects How Students View Everything – Including Your School," Career College Central, January 2012, p. 66
  • "Share On The Inside, Protect On The Outside: Best Practices For IP Protection In The Age Of Social Networking," LES Insights, December 2011
  • "Guidelines Needed For Social Networking In the Contemporary Workplace," Privacy Journal, Vol. 37, No. 12, October 2011
  • "Are the Social Networking Kids Alright?" and "Workplace Social Networking: Is Facebook During Work Hours Good?," Career Education Review, Section 1, October 2011
  • Featured in "Drugmakers Avoid Social Media Sites: Recent FDA Warning To Novartis Over A Facebook Ad Rattled Pharmaceuticals" by Mandy Jackson, San Francisco Daily Journal, September 10, 2010
  • Quoted in "Hot spot dangers: That Internet cafe could cost you way more than a cup of coffee" by Mary K. Pratt, ComputerWorld, April 20, 2010
  • "Are You Safe On Wi-Fi?," Privacy Journal, December 2009
  • "Preventing Predatory Marketing Practices Against Minors," Intellectual Property Counselor, 156:18, December 2009
  • "States Embrace Electronic Discovery," Corporate Counsel's Records Retention Report, 145:3, November 2009
  • Featured in "Getting Down to Business, California Lawyer, April 2010
  • "Spoliation Of Electronic Evidence Can Lead To Death-Knell Sanctions," Corporate Counsel's Records Retention Report, 134:3, February 2009
  • "Getting A Hold On Legal Holds," Corporate Counsel's Records Retention Report, 134:1, February 2009
  • "Employees, Employers and Social Networking Issues," E-Commerce Law & Policy, 10:10:3, October 2008
  • "Universities and Colleges Need Privacy Education," Career Education Review, Section 1, p. 24, October 2008
  • "Going Back To School On Security," Career Education Review, Section 1, p. 29, September 2008
  • "The Impact of Data Loss Prevention Communications Capture on E-discovery," contribution to publication by Pro-Tec Data, June 2007
  • Featured in "Looking for Line Where Web Use Crosses into Trespassing by Jessie Seyfer, The Recorder, April 16, 2007
  • New Scientist: Book Review - The Second Life Herald, 2007.
  • The Opportunity Maker: Strategies for Inspiring Your Legal Career Through Creative Networking and Business Development, Quoted In Book By Ari Kaplan, 2007.
  • "Promise of EFOIA Still Unfulfilled Ten Years Later," 33:7 Access Reports 3, 2007
  • Featured in "As Candidates Mull '08, Web Sites Are Already Running, The New York Times, November 18, 2006
  • "Attention Trademark Owners: Take a Hit!" IPFrontline.com, November 2006
  • "Workplace Worries: Blogging, IMing, iPods and Camera Phones - Oh My! Business Credit, October 2006
  • "Creative Commons - An Answer to the Copyright Debate?" IPFrontline.com, September 2006
  • Featured in "Writing His Own Ticket, The Recorder, July 19, 2006
  • "How We Almost Lost Our BlackBerries," For The Defense, June 2006.
  • "Computer Fraud and Abuse Act Protects Employers," Human Resource Ideas & Trends; Human Resource Executive, May 2006.
  • "Word to the Wise If You Quit In a Huff," Mondaq, April 2006 (most popular article in the United States that month).
  • "FCUKLIFESTYLE.com Domain Name Ordered Transferred to French Connection," 1 Journal of Internet Law 1 (2005).
  • "The Legal Implications of Disappearing E-Mail," 7:9 Journal of Internet Law 23 (2004).
  • "Internet Forms and Commentary: A Practitioner's Guide to E-Commerce Contracts and the World Wide Web," a Chapter on Metatag License Contracts, ABA Section of Business Law, Committee on Law in Cyberspace, Information Infrastructure Subcommittee, and Internet Industry Committee (2002).
  • "The Future of Internet Privacy," 4:9 Journal of Internet Law 22 (2001).
  • "Cyber-Crimes: A Practical Approach to the Application of Federal Computer Crime Laws," 16 Computer & High Technology Law Journal 177 (2000).
  • Chapter author for the book, "Internet Law and Business Handbook," Ladera Press, (2000).
  • "Hacking Your Way to Hard Time: "Application of Computer Crime Laws to Specific Types of Hacking Attacks," Journal of Internet Law 1 (2000).
  • "The Evolving Role of Trademark in Cyberspace," 3:10 Journal of Internet Law 5 (2000).
  • "The Eye of the High Tech Storm: The Law of E-Mail," 3:8 and 3:9 Journal of Internet Law 1 (2000).
  • "Commercial Use of E-Mail and Potential Pitfalls of Anti-Spam Laws," VIBES (2000).
  • "Controlling Chaos: The Emerging Law of Privacy and Speech in Cyberspace," 1999 Stanford Technology Law Review 1 (http://stlr.stanford.edu/STLR/Articles).
  • "First Steps in Formulating Net Tax Policy," 3:2 Journal of Internet Law 13 (1999).
  • "The New Wave of Speech and Privacy Developments in Cyberspace," 21:3 Hastings Communications and Entertainment Law Journal 5831 (1999).
  • "Keeping the E-Commerce Taxman at Bay: The Internet Tax Freedom Act," Spring 1999 Report of the ABA Industry Internet Committee.
  • "Internet Privacy: Is Someone Invading Your Cyberspace?" 14:1 Computer Law Association Bulletin (1999).
  • "Net Tax," Daily Journal, California Business Law Adviser, March 15, 1999, p. 18.
  • "Sweet Land of E-Liberty: The Internet Tax Freedom Act," 2:7 Journal of Internet Law (1999).
  • "Cyberspeech: Censorship, 'Spam,' and Defamation," presented at the 28th Annual Computer Law Association Conference (Washington, D.C., April 1999).
  • "Filtering Out Internet Facts," Daily Journal Cyber Esq. (Winter 1998-99).
  • "Internet Speech: Putting the Genie Back in the Bottle," 2:4 Journal of Internet Law 1 (1998).
  • "Privacy Lost in the Brave New Web?" 2:3 Journal of Internet Law 1 (1998).
  • "Policing Web Sites," 25:1 Privacy Journal 3 (1998).
  • "Privacy Lost in the Brave New Web?" 24:20 Access Reports 8 (1998).
  • "Improving Access to Government Information in an Era of Budgetary Constraints," 27 Urban Lawyer 105 (1995).
  • "Freedom of Information Act Disclosure Deadlines: Bridging the Gap Between Legislative Intent and Economic Reality," 43 American University Law Review 325 (1994).
  • "Specific Recommendations for Improving Media Access to Government Information," 15 Journal of Media Law and Practice 79 (1994).
  • "Proposals for Expediting Access to Government Communications and Information," 12:3 Communications Lawyer 6 (1994).
  • "Applying the Freedom of Information Act in the Immigration Context," 94-12 Immigration Briefing 1 (1994).
  • "Reconciling Congressional Intent with Budgetary Constraints Re FOIA Response Deadlines," 20:8 Access Reports 3 (1994).
  • "It's High Time We Had a FOIA That Works," 17:1 The National Law Journal (9/5/94).
  • "Blocking Access to Government Information Under the New Personal Privacy Rule," 24 Seton Hall Law Review 214 (1993).
  • "Expediting Access to Government Information Relative to Immigration Proceedings," 71 Interpreter Releases 669 (1993).
  • "Emerging Judicial Precedent Threatens Media Access to Government Information," 21:1 Media Law Notes 15 (1993).
  • Arguing for Derivative Use," 19:22 Access Reports 5 (1993).

Selected Speaking Engagements