David A. Wheeler focuses his practice on eCommerce, information technology and privacy matters. His experience includes domain name and trademark disputes and registrations, trade secrets litigation, information privacy and identity management, data breach notification compliance, software licensing and outsourcing agreements. Prior to practicing law, David served as a software engineer for a Virginia-based defense contractor and later traded spot currencies as an electronic market maker for the First National Bank of Chicago. He also served as telecommunications consultant for the Bank of America.
David has also litigated consumer financial services matters including Telephone Consumer Protection Act and Fair Credit Reporting Act class action matters.
Areas of Concentration
ˇ Information technology / eCommerce
- Internet domain name and username forced recovery, purchase, registration and assignment, negotiation and counseling, and new ICANN gTLD domain name registry services negotiation and counseling
- eCommerce transactions including EDI/XML agreements for Internet-based mortgage lenders, web site terms of use agreements, disclaimers, data licensing, co-branding agreements, outsourcing and independent contractor agreements, intellectual property assignments, limited liability company and operating agreements, software licensing agreements, asset purchase privacy due diligence
- Counsels industry leading telecommunications companies and financial institutions on records retention policies and procedures, privacy and data, security issues
- Advises companies on various technology related issues including wireless broadband and technology acceptable uses, licensing, transfers and purchases
- Website, social networks, corporate, and international privacy policy counseling
ˇ Litigation
- Domain name and trademark infringement litigation
- Search engine search terms disputes
- Consumer lending class action litigation with an emphasis on the defense of national banks and mortgage lenders against FHA, ECOA, TILA, HOEPA, FCRA, FACTA, FDCPA, HMDA, RESPA and state consumer lending claims
Significant Representations
ˇ Spencer v. Mortgage Acceptance Corporation, Case No. 05 C 0356, 2006 WL 1302413, N.D. Illinois, May 4, 2006 - Obtained dismissal of a federal court action by application of the Rooker-Feldman doctrine in defense of federal civil rights and consumer lending claims against national mortgage lenders and servicers.
ˇ Trip Networks Inc. d/b/a Cheap Tickets, Inc v. Sigfredo Alviera - Transfer of several domain names that were registered in bad faith by a Mexico-based travel marketing company.
ˇ Handled several UDRP complaints under ICANN, WIPO, and NAF rules and policies resulting in transfers of "high-value" domain names to major international retailers, gaming entities, and other fortune 100 companies. Negotiated the purchase and transfer of a key domain name for a large Chicago-based law firm.
*Certain of the above representations were handled by David prior to his joining Greenberg Traurig, LLP.
Professional & Community Involvement
ˇ Member, International Association of Privacy Professionals
ˇ CIPP, Certified Information Privacy Professional
ˇ Member, National Black MBA Association
ˇ Member, Chicago Bar Association
ˇ Member, American Bar Association
Awards & Recognition
ˇ Award of Merit, the National Center for Missing and Exploited Children
Previous Employment
ˇ Contractor, Department of Defense - Helped develop computer-based re-supply models for major Army end-items.
ˇ Independent Contractor, Bank of America - Developed a digital imaging system that optimized operations between the bank's U.S. and Asian offices. Was also responsible for various Y2K system enhancements and modifications.
Articles, Publications, & Lectures
Articles
ˇ Co-Author, "Chapter 5: Privacy and Social Media," McGrady on Social Media, LexisNexis, 2011
ˇ Co-Author, "Addressing The Legal Challenges of Federated Identity Management," BNA Privacy & Security Law Report, March 3, 2008
Lectures
ˇ Speaker, "Domain Name Expansion: Pros, Cons and Costs," Association of Corporate Counsel -Chicago Chapter, Chicago, June 23, 2011
ˇ Speaker, "Can I Tweet That? A Discussion of User-Generated Content and the Law (Social Media Users)," Digital Capital Week, Law in Digital World Part 2, June 17, 2010
ˇ Speaker, "Internet and Consumer Privacy: 2010," Pincus Professional Education, March 19, 2010
ˇ Speaker, "Protecting Your Marks In & From the New Top Level Domains," DePaul College of Law, Center for Intellectual Property Law & Information Technology, September 16, 2009
ˇ Speaker, "Things You Need to Know Before Selling Online," Newsradio KTOK 1000 AM's Mi-Ling's Comfort Zone Show, March 29, 2009
ˇ Speaker, "Drafting Considerations for Work-Made-For-Hire," Chicago Bar Association, Corporation and Business Law, Corporate Documentation: Forms and Best Drafting Practices Subcommittee, March 16, 2009
ˇ Speaker, "New Top Level Domain Names," IAPP KnowledgeNet Chicago Meeting, December 10, 2008