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Foley Launches Privacy & Security Source

Foley & Lardner LLP Chambers USA Guide Rankings For 2010

Legal 500 Ranks Seventeen Foley Practices as Leaders

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Privacy 3.0 - A Reexamination of the Principle of Proportionality

FTC and HHS Settle Charges Against Rite Aid for Allegedly Failing to Protect Customer and Employee Information

HHS Releases Proposed HITECH Rule

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Multimedia
Squatters, Tweets, Spies & Critics - Strategies for Battling Current and Emerging Cyber-Threats to Your IP (58:28)

Compliance With the Red Flags Rules (01:13:16)

Security Breaches: Best Practices and Lessons Learned (01:01:05)

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Andrew B. (Andy) Serwin
Partner

Andrew B. Serwin is the founding chair of the Privacy, Security & Information Management Practice and is a partner with Foley & Lardner LLP. He is a member of the Intellectual Property Litigation; Information Technology & Outsourcing; Business Litigation & Dispute Resolution; Private Equity & Venture Capital; and the Trademark, Copyright & Advertising Practices. He is also a member of the Emerging Technologies, Life Sciences, and Health Care Industry Teams. He is also co-chair of Foley's Privacy Litigation Task Force.

Mr. Serwin has extensive experience in privacy and security matters, including state, federal and international restrictions on the use and transfer of information, behavioral advertising, security breach compliance, incident response, marketing restrictions, the drafting and implementation of privacy and security policies, content monitoring, as well as data transfers in the context of M&A and technology transactions. Mr. Serwin also advises media and Internet companies regarding online contracting issues, licensing issues, domain name issues, and intellectual property issues, as well as litigation resulting from information security incidents.

Mr. Serwin has unique experience in representing start-up and Internet companies because he served as president and general counsel of an online political magazine, InPolitics.com. Mr. Serwin has broad experience in technology and business law, including corporate finance, partnership law, securities, e-commerce, software development and licensing, intellectual property licensing and protection, manufacturing and distribution arrangements, joint ventures, information technology transactions, as well as real estate transactions. He has also advised hedge funds and broker dealers in a variety of transactions.

Mr. Serwin's litigation practice includes unfair competition matters; intellectual property litigation; privacy; corporate governance disputes; complex commercial litigation; e-commerce matters; partnership disputes and real property matters.

Mr. Serwin was ranked by Chambers USA 2009 and 2010 in the area of National: Privacy & Data Security, where he was described by clients as "a tireless worker, holding onto the ever-shifting puzzle pieces of the law in this area in a way that other privacy lawyers cannot," as well as by Legal 500 in Data Protection and Privacy, where he drew praise from clients for being "a trustworthy and approachable lawyer" and "intelligent and capable." He is also AV-rated by Martindale-Hubbell, was selected for inclusion in the 2007-2010 San Diego Super Lawyers® lists and was previously identified as one of the leading intellectual property attorneys by the Daily Transcript in its 2005 "Top Attorneys List." He was also selected by his peers for inclusion in The Best Lawyers in America® 2010 and 2011 in the field of information technology law.

He is the author of "Information Security and Privacy: A Practical Guide to Federal, State and International Law," a 3,600 page treatise that examines all aspects of privacy and security laws, including privacy litigation and insurance privacy, published by Thomson-West which has been called "the best privacy sourcebook," "an indispensible resource for privacy professionals at all levels," and "a book that everybody in the information privacy field should have on their desk." Mr. Serwin is also the author of the "Internet Marketing Law Handbook," also published by Thomson-West, which covers topics such as privacy and security, commercial e-mail laws, spyware and unfair competition law. He is also the author of "Poised on the Precipice: A Critical Examination of Privacy Litigation," which was selected for publication by the Santa Clara Computer and High Technology Journal, and "Privacy 3.0—The Principle of Proportionality," accepted for publication by the University of Michigan Journal of Law Reform. He has written over 70 articles and presented over 90 times on litigation and privacy topics.

Mr. Serwin serves on the Privacy Steering Committee and Red Flags Task Force for a major utility, is a member of the RIM Council of the Ponemon Institute, LLC, a group that brings together information management professionals from privacy and data protection disciplines to develop solutions to challenges facing an organization's acquisition, use, storage, transfer and disposal of information assets. Mr. Serwin serves on the privacy and the legal subcommittees of the Privacy & Security Advisory Board of the California Health and Human Services Agency by the California Office of HIPAA Implementation. The committee is charged with developing standards for California's Interoperable Health Information Exchange for electronic health information, which includes creating and adopting a process to develop and set overall standards, overseeing the coordination, analysis, and promulgation of privacy and security requirements for the Health Information Exchange, researching and developing model contracts and related documents, and providing guidance regarding the interaction of HIPAA and California law. He is also a member of the San Diego Chapter of the San Diego FBI Infragard Group, an organization dedicated to promoting ongoing dialogue and timely communication between information technology companies and the FBI. As a member, he receives daily, non-public briefings on information security and other threats, including early warnings about new attacks on financial services companies or healthcare providers. He is also the former co-chair of the California State Bar's Cyberspace Law Committee, and the former chair of the San Diego County Bar Association's Web site Committee from 2002-2004. Mr. Serwin is also a frequent presenter and commentator on technology and legal matters. He is also a columnist for The Daily Transcript on technology issues.

Mr. Serwin serves on the editorial board of Thomson-West's Cyberspace Lawyer, as well as the Privacy and Information Law Report. He is also a member of the Publications Board of the Business Law Section of the American Bar Association.

Mr. Serwin is a graduate of the University of San Diego School of Law (J.D., cum laude, 1995), where he was a member of the Order of the Coif. He earned his B.A. in political science, cum laude, from the University of California, San Diego in 1992. Mr. Serwin is admitted to practice law in California.

Representative Matters:

  • People of the State of New York v. Synergy 6, Inc., et al., Mr. Serwin represented two of the defendants in an action brought by Eliot Spitzer arising out of the alleged improper sending of commercial e-mails.
  • Represent Fortune 50 company in a multi-state Attorney General investigation arising out of false claims allegations.
  • Hyundai Motor Company-Daimler Chrysler de Mexico Distribution Agreement, transaction value in excess of $1,000,000,000.
  • Latin American Manufacturing and Consumer Product Assets Joint Venture, $1,100,000,000.
  • Huntington Beach Hummer v. AM General, et al., Mr. Serwin represented three automobile dealers in an action alleging a violation of California's Unfair Competition Law. Mr. Serwin's clients were dismissed for a waiver of costs, though other defendants had a multi-million dollar verdict entered against them.
  • Memon v. Global Cyber Strategies, Inc., et al., Mr. Serwin represented Provide Commerce, Inc. in an action arising out of the alleged violation of California's anti-spam laws.
  • Advised social networking site regarding privacy concerns.
  • Advised companies on processing of protected health information to foreign countries, including India.
  • Represent company in action alleging violation computer crime laws based upon misuse of confidential and personally identifiable information.
  • Drafted privacy policies and Web-related agreements for MP3.com, RollingStone.com, and emusic.com.
  • Lamon & Stern v. Capstone Investments, Inc., Mr. Serwin represented a broker dealer in a NASD arbitration brought by another broker dealer and affiliated individuals.
  • Sale of real property, value in excess of $30,000,000.
  • Bridge loan secured by film distribution proceeds, $18,000,000.
  • Drafted content and license agreements for international content provider and publisher.
  • Drafted numerous software license, development and Web-related agreements for technology companies.
  • People of the State of California v. American Home Craft, Inc., et al., Mr. Serwin represented the defendants in an action brought by the California Attorney General alleging a violation of the federal Do-Not-Call Act and California's Unfair Competition Law.



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