Eric J. Sinrod: Lawyer with Duane Morris LLP

Eric J. Sinrod

Of Counsel
San Francisco,  CA  U.S.A.
Phone415 957 3019

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Insurance Coverage
  • Intellectual Property Litigation
  • Commercial Litigation
  • Internet Law
  • E-Commerce Law
  • Appellate Practice
  • Class Actions
  • Employment Law
  • Management Labor Law
  • Labor Relations
  • Computers and Software
  • Insurance Litigation
  • International Law
  • Trial Practice
  • Energy
  • Nuclear Energy
  • Trademarks
  • Trade Secrets
  • Unfair Competition
  • Copyrights
 
Contact InfoTelephone: 415 957 3019
Fax: 415 520 0931
http://www.duanemorris.com/attorneys/ericjsinrod.html
 
University Oberlin College, B.A., 1980 Phi Beta Kappa, Comfort Starr Scholarship Prize for Academic Excellence
 
Law SchoolUniversity of Michigan Law School, J.D., cum laude, 1984 Associate Editor, University of Michigan Journal of Law Reform
 
Admitted1986, 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
 
Memberships 

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

Professional Activities
•Adjunct Professor, Dominican University, International Law Course
•Ex'pression College Program Advisory Committee Member for Entertainment Degree
•Advisor, Hastings College of the Law, Cyberspace Law Seminar
•Adjunct Professor, Golden Gate University School of Law, Information Law Seminar
•Adjunct Professor, Ex'pression Center For New Media, Business Media Course
•Adjunct Professor, Redwood High School, Computer Business Course
•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

 
LanguagesSpanish
 
BornWashington, D.C., February 15, 1958
 
Biography

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.

Mr. Sinrod is one of the hosts of TechLaw10, a 10-minute audio podcast update on technology law issues. 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. Mondaq has announced that one of Mr. Sinrod's columns was the most popular article in the United States in the month that it was published. 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.

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 and communications issues. He has been an advisor to the Cyberspace Law Seminar at Hastings College of the Law, has taught an Information Law Seminar at Golden Gate University School of Law, and teaches a Business Media class at Ex'pression Center for New Media and International Law at Dominican University and the Osher Lifelong Learning Institute. 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 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. Mr. Sinrod's videos discussing the intersection of law and technology have been featured on YouTube and Google Video.

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.

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

Honors & 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

Selected Speaking Engagements
•Regular Guest Speaker for Coast to Coast program on the Legal Talk Network, http: //www.legaltalknetwork.com.
•Regular Guest Speaker Covering Internet Legal Issues for Live Online News, www.liveonlinenews.com.
•Regular Guest Speaker Addressing Cyberlaw Matters for CNET Radio; 910 AM, www.cnetradio.com.
•Regular Guest Speaker for LAWCAST; www.lawcast.com.
•Co-host, The Long, Hard Road to New EU Data Protection Laws, TechLaw10 Podcast, February 2015
•Co-host, Federal Trade Seeks to Thwart 'Revenge Porn', TechLaw10 Podcast, February 2015
•Co-host, Right to be Forgotten, Right to Get It Wrong and (Don't You) Forget About Me, TechLaw10 Podcast, January 2015
•Co-host, The Year Ahead in TechLaw - Privacy, Security and Lines Blurring, TechLaw10 Podcast, January 2015
•Co-host, An Unprecedented Year in Technology Law, TechLaw10 Podcast, January 2015
•Co-host, Hacking Attacks Impacting Company Stock Prices?, TechLaw10 Podcast, December 2014
•Co-host, Fines for Negative Online Reviews and the Onset of Virtual Travel, TechLaw10 Podcast, November 2014
•Co-host, Business Travelers - Beware of Dark Hotel!, TechLaw10 Podcast, November 2014
•Co-host, Skies are Still Friendly, Despite Virgin Galactic Crash, TechLaw10 Podcast, November 2014
•Co-host, It's A Small, Interconnected World After All, TechLaw10 Podcast, October 2014
•Co-host, FBI Warns Of Cyber Dangers - When, Not If, TechLaw10 Podcast, September 2014
•Co-host, Jennifer Lawrence - The Naked Legal Truth, TechLaw10 Podcast, September 2014
•Co-host, Is The Safe Harbor Really Safe?, TechLaw10 Podcast, August 2014
•Co-host, USB Danger: Thumb Drives, Keyboards and Mice - Oh My!, TechLaw10 Podcast, August 2014
•Co-host, Social Media For Companies: The Good, The Bad & The Ugly, TechLaw10 Podcast, August 2014
•Co-host, We Can't Forget the Right to be Forgotten, TechLaw10 Podcast, July 2014
•Co-host, Lawyers Given Green Light to Review Jurors' Social Media Sites, TechLaw10 Podcast, July 2014
•Co-host, Legal Risks Of BYOD (Bring Your Own Device), TechLaw10 Podcast, June 2014
•Moderator, Track C: Data Collection and Retention, 11th Annual Stanford E-Commerce Best Practices Conference, Palo Alto, June 16, 2014
•Co-host, Addicted to Connectivity, TechLaw10 Podcast, June 2014
•Co-host, The Right To Be Forgotten On The Internet, TechLaw10 Podcast, May 2014
•Co-host, Heads Roll With Security and Communications Lapses, TechLaw10 Podcast, May 2014
•Speaker on intellectual property and information technology issues, Presidio School of Management, April 2014
•Co-host, New Google Case Shows Importance of Care When it Comes to SEO, TechLaw10 Podcast, April 2014
•Co-host, Cyberwar Attacks Against Ukraine?, TechLaw10 Podcast, April 2014
•Co-host, Exposed - Beware of a Twitter Tagging, TechLaw10 Podcast, March 2014
•Co-host, When Jumbo Jets Go Missing, TechLaw10 Podcast, March 2014
•Co-host, Loose Lips Sink Settlement Ships, TechLaw10 Podcast, March 2014
•Co-host, Is Facebook A Threat To Your Marriage?, TechLaw10 Podcast, February 2014
•Co-host, Naked Selfie Could Lead to Jail Term for Teen, TechLaw10 Podcast, February 2014
•Co-host, Block on the Pirate Bay Lifted, TechLaw10 Podcast, February 2014
•Co-host, Safe Harbor Developments Impact Cross Border Data Transfers, TechLaw10 Podcast, January 2014
•Co-host, First Google Glass Prosecution - Vision of the Future? TechLaw10 Podcast, January 2014
•Co-host, UK Attempts to Police Social Media-Insights from Hartlepool, TechLaw10 Podcast, December 2013
•Co-host, Beware of Holiday Cyberscammers, TechLaw10 Podcast, December 2013
•Co-host, To Tax Or Not To Tax Online Purchases?, TechLaw10 Podcast, November 2013
•Co-host, Postcard from Asia: Corruption, Mistresses and Online Revenge, TechLaw10 Podcast, October 2013
•Co-host, Value of Twitter IPO; also Emerging Issue of Revenge Porn Sites, TechLaw10 Podcast, October 2013
•Co-host, Facebook Privacy Policies Scrutinized By FTC, TechLaw10 Podcast, September 2013
•Panelist and Moderator, The Intersection Between Information Governance and ESI Best Practices, San Francisco, September 2013
•Co-host, BA Twitter Case and Why Companies Must Pay Attention to Social Media Complaints, TechLaw10 Podcast, September 2013
•Co-host, TechLaw10 Hits The Century Mark!, with guest Chairman & CEO John Soroko, TechLaw10 Podcast, August 2013
•Co-host, Obama Administration Pitching Cybersecurity Incentives, TechLaw10 Podcast, August 2013
•Co-host, Tech Vacation Risks, TechLaw10 Podcast, July 2013
•Co-host, Safety For Lawyers In The Cloud, TechLaw10 Podcast, July 2013
•Co-host, As The Cookies Crumble, TechLaw10 Podcast, July 2013
•Moderator, Data Portability, 10th Annual Stanford E-Commerce Best Practices Conference, Stanford Law School, June 2013
•Co-host, Obama Administration Seeks To Grapple With Online Monitoring Fallout, TechLaw10 Podcast, June 2013
•Co-host, DDoS Attacks, Be Afraid, Be Very Afraid! TechLaw10 Podcast, June 2013
•Co-host, The Most Expensive Tweet In History? TechLaw10 Podcast, June 2013
•Co-host, Lawyer Crackberry Addict Recovers To Become iPhone Junkie, TechLaw10 Podcast, May 2013
•Co-host, EU Data Privacy Regulations-Current Status, TechLaw10 Podcast, May 2013
•Co-host, Facebook Complaints Do Not Justify Employer Termination of Employees, NLRB Rules, TechLaw10 Podcast, May 2013
•Co-host, Postcard From Brazil: Challenges of Data Review, TechLaw10 Podcast, April 2013
•Co-host, The Power of Apps, TechLaw10 Podcast, April 2013
•Co-host, Court Voids Web Site Limitation of Liability Clause, TechLaw10 Podcast, March 2013
•Co-host, Supply Chain Compliance Issues - The Fashion Industry As A Case Study, TechLaw10 Podcast, March 2013
•Co-host, Cyberwarfare, Here and Now?, TechLaw10 Podcast, March 2013
•Co-host, Lessons Learned From Media Cyber Attacks, TechLaw10 Podcast, February 2013
•Co-host, Social Media & Legal Ethics and Concerns, TechLaw10 Podcast, February 2013
•Co-host, Mapping Out The Ambit Of The Attorney-Client Privilege, TechLaw10 Podcast, January 2013
•Co-host, FTC Resolves Some Competition Issues With Google; Will Europe Follow Suit?, TechLaw10 Podcast, January 2013
•Featured Speaker, Record Roundtable On Social Media Ethics, San Francisco, January 2013
•Co-host, Brave New World of e-Discovery, TechLaw10 Podcast, December 2012
•Co-host, Proposed Two-Year Ban on Internet Legislation - Really?, TechLaw10 Podcast, December 2012
•Co-host, The Petraeus Affair - Loose Saved Email Lips, Sink Ships, TechLaw10 Podcast, November 2012
•Co-host, UK Case Shows Potential Criminal Consequences For Tweeting, TechLaw10 Podcast, November 2012
•Co-host, Lessons Learned From Hacking of Educational Institution, TechLaw10 Podcast, October 2012
•Co-host, Dangers to Going Mobile, TechLaw10 Podcast, October 2012
•Co-host, Social Media In Corporate Crises, TechLaw10 Podcast, September 2012
•Co-host, Cybercrime and Its Severe Impact, TechLaw10 Podcast, September 2012
•Co-host, Privacy For Mobile Devices?, TechLaw10 Podcast, September 2012
•Co-host, When Harry Met Camera Phone, TechLaw10 Podcast, August 2012
•Co-host, Tech Lessons Learned From London 2012 Olympics, TechLaw10 Podcast, August 2012
•Co-host, Olympics' Tweets Show Limits Of Proper Internet Speech, TechLaw10 Podcast, July 2012
•Featured Speaker, The Carmel Valley eDiscovery Retreat (CVEDR), Timing and Costs Associated With The eDiscovery Review Process; Monterey, CA, July 2012
•Co-host, Government Interest In Monitoring Social Media Communications, TechLaw10 Podcast, July 2012
•Co-host, Cybersecurity for Lawyers and Law Firms, TechLaw10 Podcast, July 2012
•Co-host, School Girl's Blog Gives Organizations Food For Thought, TechLaw10 Podcast, June 2012
•Featured Speaker, Risks and Liabilities In Cyberspace, Annual Convention of Association of Private Sector Colleges and Universities (APSCU); Las Vegas, June 2012
•Co-host, The Linkedin Hack and Lessons Learned, TechLaw10 Podcast, June 2012
•Co-host, Jubilee Special: How the World of Technology Has Changed Since 1952, TechLaw10 Podcast, June 2012
•Moderator, Panel on Top Ten Best Practices for Start-Up Companies, Ninth Annual E-Commerce Best Practices Conference, Stanford Law School; Palo Alto, CA, June 2012
•Co-host, Music: Storage, The Cloud and Disaster Recovery, TechLaw10 Podcast, May 2012
•Co-host, Olympic IT Concerns For London 2012, TechLaw10 Podcast, May 2012
•Co-host, Beware So Tweets Do Not Come Back To Bite You, As Ched Evans Furor Shows, TechLaw10 Podcast, May 2012
•Co-host, New Developments In E-Discovery: US and EU Potential Conflicts, TechLaw10 Podcast, April 2012
•Co-host, British Big Brother To Watch Your Email?, TechLaw10 Podcast, April 2012
•Co-host, Cybersquatting and Domain Name Disputes on the Rise, TechLaw10 Podcast, March 2012
•Co-host, Sweet Success For Mars In Twitter Case, TechLaw10 Podcast, March 2012
•Co-host, Obama U.S. Privacy Proposal & Potential European Reaction, TechLaw10 Podcast, March 2012
•Co-host, Is Big Brother Watching Your Online Social Media Communications?, TechLaw10 Podcast, March 2012
•Co-host, Cloud Computing and the Cultural Clash of Privacy Regulation, TechLaw10 Podcast, February 2012
•Co-host, New EU Data Rules, Facebook, and Some Canada, TechLaw10 Podcast, February 2012
•Featured Speaker on ROBTV, http: //www.robtv.com.
•Co-host, GPS Supreme Court Ruling, UK Juror Jailed For Online Conduct and New York Tech News, TechLaw10 Podcast, January 2012
•Co-host, Are You Being Watched Online?, TechLaw10 Podcast, January 2012
•Co-host, 2012: Tech Firing On All Cylinders!, TechLaw10 Podcast, January 2012
•Co-host, The Naughty & Nice Tech Year In Review, TechLaw10 Podcast, December 2011
•Featured Speaker, 15th Annual Electronic Discovery and Records Retention Conference, San Francisco, December 2011
•Co-host, Regulatory Authorities Crack Down On False Internet Claims, TechLaw10 Podcast, December 2011
•Co-host, Staying Safe Online Over The Holidays, TechLaw10 Podcast, December 2011
•Co-host, How Not To Become An Accidental Cyber Outlaw, TechLaw10 Podcast, November 2011
•Co-host, Global HR Systems - Quick Compliance Tips, TechLaw10 Podcast, November 2011
•Featured Speaker, E-Discovery Best Practices, San Mateo Bar Association, Redwood Shores, November 2011
•Co-host, eDiscovery Limitations on the Horizon in U.S. Courts?, TechLaw10 Podcast, November 2011
•Co-host, YouTube Hack Attack of Sesame Street, TechLaw10 Podcast, October 2011
•Featured Speaker, Protecting Intellectual Assets in the Social Media Age, LES Annual Meeting, San Diego, October 2011
•Co-host, Internal Investigations In New Cloud Era, TechLaw10 Podcast, October 2011
•Co-host, U.S. Appellate Court Protects Email of Foreigners On Domestic Servers, TechLaw10 Podcast, October 2011
•Featured Speaker, Negotiating and Litigating Intellectual Property Disputes, Deloitte 2011 Global License and Channel Compliance Summit, Silicon Valley, October 2011
•Featured Speaker, Internet Dangers and Risk Management, Computer Forensics Show, San Francisco, October 2011
•Featured Speaker, Comprehensive Approaches To Privacy Protection And Security, California State Bar Annual Meeting, Manhattan Beach California, September 2011
•Co-host, Information Technology Overload - Time To Turn Off And Unplug? TechLaw10 Podcast, October 2011
•Co-host, FTC Seeks To Protect Personal Data In Bankruptcy Proceedings, TechLaw10 Podcast, September 2011
•Co-host, Privacy Spanning The Globe, TechLaw10 Podcast, September 2011
•Co-host, FTC Spots False Internet Claims and Puts Skin In the Game, TechLaw10 Podcast, September 2011

Selected Publications
•More than 600 weekly legal columns 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 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 (Also at Palo Alto Office)

 
Reported CasesRepresentative 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-present); 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'dsub nom,Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1991), nationwide settlement, 43 Am. U.L. Re. 325, App. (1994) see alsoMayock 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 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 partsub 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.
 
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Cyberwarfare Is Here; Is the U.S. Prepared?
Eric J. Sinrod, November 17, 2014
Practically every aspect of life now takes place in cyberspace in addition to in the traditional world we know. While at first blush that generally may sound like a good thing, warfare now also takes place online as part of real conflicts, and not just in the realm of computer games.

High-Tech Violations of International Human Rights
Eric J. Sinrod, November 17, 2014
The United Nations was born in the aftermath of the atrocities committed leading up to World War II. The United Nations Charter is plain in its support for the development of international human rights protection.

The Failure of International Organizations to Prevent War
Eric J. Sinrod, November 17, 2014
World War I was supposed to be the “war to end all wars.” And the League of Nations and the subsequent United Nations were designed to keep countries at peace. But unfortunately, wars are still part of the international landscape, including the emerging threat of cyberwarfare.



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Eric J. Sinrod

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