Gerry is a partner in the firm’s Emerging Technologies Group. He focuses his practice on corporate governance, intellectual property, internet issues, cryptocurrency, and digital assets, especially as they relate to privacy, information security, and consumer protection. An experienced and pragmatic litigator, Gerry focuses a significant part of his practice on prelitigation and advisory services relating to business strategy for privacy by design, data protection, intellectual property, and emerging technologies and markets, often acting as outside product counsel to leading innovators and disruptive technology companies.
Experience
Representative matters
Representative matters
Represent leading trade associations and businesses in advocacy relating to California’s path breaking California Consumer Privacy Act (CCPA) and privacy matters before the California attorney general. Lead firm efforts to support and assist clients with related privacy program development.
Serve as trusted adviser and subject matter expert for dozens of boards and executive teams facing or seeking to avoid cybersecurity and privacy crises including navigation of SEC requirements, business judgment rule, shareholder derivative actions, consumer class actions and board oversight of cybersecurity and information governance functions under Caremark especially in health, automotive, e-commerce and technology verticals
Defended Acxiom Corporation in a consumer class action alleging numerous privacy related counts – one of the first federal cases to hold that increased risk of identity theft does not meet the "injury in fact" requirements necessary for standing under the Constitution
Represent leading trade associations and businesses in advocacy relating to California’s path breaking California Consumer Privacy Act (CCPA) and privacy matters before the California attorney general. Lead firm efforts to support and assist clients with related privacy program development.
Serve as trusted adviser and subject matter expert for dozens of boards and executive teams facing or seeking to avoid cybersecurity and privacy crises including navigation of SEC requirements, business judgment rule, shareholder derivative actions, consumer class actions and board oversight of cybersecurity and information governance functions under Caremark especially in health, automotive, e-commerce and technology verticals
Defended Acxiom Corporation in a consumer class action alleging numerous privacy related counts – one of the first federal cases to hold that increased risk of identity theft does not meet the "injury in fact" requirements necessary for standing under the Constitution
Counseled publishers, information brokers, advertising networks, social media ventures and related emerging businesses regarding all aspects of interest-based advertising and data business strategy, including privacy by design
Assisted numerous enterprises in responding to information security incidents and defense of related governmental investigations, especially at the Federal Trade Commission, HHS and state attorneys general including complying with breach notification obligations under state law and involving novel privacy and security issues such as algorithmic privacy, location privacy, social media and disruptive technologies.
Act as global coordinating counsel for privacy, data security and e-commerce for leading global entities including creation and development of client infrastructure to support privacy assessments, policy documentation, and ongoing training and compliance, especially in connection with multinational corporations and international data flows, with specific experience with the European Union's GDPR and e-Privacy Regulation, the Gramm-Leach-Bliley Act, HIPAA, the Telecom Act, CANSPAM, the EU Data Directive and Privacy Shield certifications, COPPA, CalOPPA, and related laws and regulations
Managed privacy and data protection related issues in connection with mergers and acquisitions, IPOs, venture capital financings for issuers, underwriters and their advisers especially as they relate to cross border data transfers and the information practices of regulated industries
Defended Epsilon and obtained the early dismissal of a putative class action arising from a data breach that was limited to the disclosure of email addresses and names
Defended a group texting service in a putative class action alleging that administrative text messages sent to group members violated TCPA
Advised hundreds of startups, venture capitalists, private equity investors and boards of directors in connection with risk management associated with new product and service offerings, especially in Internet, mobile, and health IT environments, to facilitate scale and create and secure markets
Assisted leading content delivery network with patent matters related to its Federal Circuit appeals strategy
Litigated trademark, advertising and related complex claims involving the application of FDA regulations to products lacking FDA approval, as well as other complex questions of administrative law in the Eastern District of Virginia's "rocket docket"
Represented Krispy Kreme Doughnuts, Inc. in connection with the defense of a securities class action, SEC investigation and related matters
Served as lead counsel to Google in its successful defense of an action and appeal alleging liability for blog and aggregated news content in case of first impression under Virginia law, and in connection with claims of statutory immunity pursuant to Section 230 of the Communications Decency Act. Successful demurrer upheld by the Supreme Court of Virginia.
Served as lead counsel to the Association for Competitive Technology in its successful role as an amicus before the U.S. Court of Appeals for the Federal Circuit in Eolas v. Microsoft
Obtained transfer and subsequent dismissal with prejudice of trade secret and related claims brought against an Internet and mobile search company
Obtained complete dismissal of derivative action brought in connection with termination and buyout of the CEO of a fast growing construction and government contracting concern
Participated in a successful action on behalf of an Internet service provider in leading precedent related to enforcement of DMCA subpoenas
Successfully briefed appeal sustaining grant of summary judgment protecting rights of Internet service providers and other content providers on First Amendment and Commerce Clause grounds
Participated in successful defense of majority shareholder accused of minority shareholder oppression and unfair dealing in Delaware Chancery
Resolved for a nominal sum a privacy class action against a leading managed care service provider arising from a data incident involving inadvertent disclosure of social security numbers and involving preemption issues for the California Consumer Privacy Act.
Defended interactive computer service provider in connection with FTC investigation and parallel class action alleging unfair and deceptive trade practices and illegal wiretapping claims resulting in full dismissal with prejudice of wiretapping claims and settlement with the FTC.
Defended successfully dozens of investigations by the FTC’s Bureau of Consumer Protection including claims related to artificial intelligence and machine learning, location services, mobile applications, adtech and cybersecurity incidents as well as defense of parallel consumer class actions.
Litigated trademark, advertising and related complex claims involving the application of FDA regulations to products lacking FDA approval, as well as other complex questions of administrative law in the Eastern District of Virginia's "rocket docket"
Represented Krispy Kreme Doughnuts, Inc. in connection with the defense of a securities class action, SEC investigation and related matters
Served as lead counsel to Google in its successful defense of an action and appeal alleging liability for blog and aggregated news content in case of first impression under Virginia law, and in connection with claims of statutory immunity pursuant to Section 230 of the Communications Decency Act. Successful demurrer upheld by the Supreme Court of Virginia.
Served as lead counsel to the Association for Competitive Technology in its successful role as an amicus before the U.S. Court of Appeals for the Federal Circuit in Eolas v. Microsoft
Obtained transfer and subsequent dismissal with prejudice of trade secret and related claims brought against an Internet and mobile search company
Obtained complete dismissal of derivative action brought in connection with termination and buyout of the CEO of a fast growing construction and government contracting concern
Participated in a successful action on behalf of an Internet service provider in leading precedent related to enforcement of DMCA subpoenas
Successfully briefed appeal sustaining grant of summary judgment protecting rights of Internet service providers and other content providers on First Amendment and Commerce Clause grounds
Participated in successful defense of majority shareholder accused of minority shareholder oppression and unfair dealing in Delaware Chancery
Recognitions
- Ranked in Chambers USA for Nationwide Privacy & Data Security: Highly Regarded, 2020-2023, and Nationwide Privacy & Data Security: Privacy, 2024-2025 (“A very pragmatic and practical privacy attorney who can get to the core of the issue”)
- Named to Washingtonian’s Most Influential People in Washington list, 2021-2025
- Named a 2022 BTI Client Service All-Star
Credentials
Education
Education
- George Mason University School of Law, J.D., magna cum laude, Editor, George Mason Law Review
- Catholic University of America, M.A., Century Scholar
- George Mason University, B.A., with honors, Member, National Champion Debate Team
Professional admissions & qualifications
Professional admissions & qualifications
- District of Columbia
- Virginia
Court admissions
Court admissions
- U.S. District Court - District of Columbia
- U.S. District Court - Eastern District of Virginia
- U.S. District Court - Western District of Virginia
- U.S. Court of Appeals - District of Columbia Circuit
- U.S. Court of Appeals - Federal Circuit
- U.S. Court of Appeals - Fourth Circuit
- U.S. Court of Appeals - Eighth Circuit
- U.S. Supreme Court
Professional affiliations
Professional affiliations
- Past Education Advisory Board Member and Member, International Association of Privacy Professionals
- Member, Advisory Committee, Congressional Internet Caucus, 2001-present
- Member, Advisory Board, Bloomberg BNA’s Internet Law & Regulation
- Past Member, Northern Virginia Technology Council; Past Co-chair, Social Media Committee; Past Member, Government Affairs and Private Equity Committees
- Past Member, Virginia Legislature’s Joint Commission on Technology and Science Privacy Advisory Committee (and predecessor committees), 2001-2008
Clerkships
Clerkships
- U.S. Court of Appeals - Federal Circuit, Honorable Pauline Newman
News
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Media mentions
Insights
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Blogs
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Events
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Civic involvement
- George Mason University, Entrepreneurship Advisory Council; Past Member, Board of Visitors; Past Chair, Annual Funds Committee; Past Member, Law Alumni Board
- George Mason University School of Law, Practitioner-in-Residence; Senior Research Fellow, Program on the Economics of Privacy; Adjunct Member of Law Faculty (2001-present)
- Fairfax Law Foundation, Past President and Board Member
- Boy Scouts of America, Volunteer
- Make-A-Wish Foundation, Volunteer