Nolan M. Goldberg is a senior counsel in the Litigation Department and a member of the Patent Law and Privacy Groups. His practice focuses on technology-centric litigation, arbitration (including international arbitrations), investigations and counseling, covering a range of types of disputes, including cybersecurity, intellectual property, and commercial. Nolan’s understanding of technology allows him to develop defenses and strategies that might otherwise be overlooked or less effective and enhances the “story telling” that is critical to bringing a dispute to a successful conclusion.
Nolan is a registered patent attorney before the U.S. Patent & Trademark Office; and an International Association of Privacy Professionals (IAPP) Certified Information Privacy Professional, United States (US CIPP) and Certified Information Privacy Technologist (US CIPT).
Cybersecurity
Nolan’s electrical engineering background, coupled with a litigation and risk management-centric focus, allows him to assist companies in all phases of incident response. Nolan often acts as a bridge between the technical and legal response teams (both inside and outside forensic consultants). Nolan uses this deep familiarity with the company and its systems to defend the company in litigations, arbitrations and regulatory investigations, including before the Federal Communications Commission (FCC); Federal Trade Commission (FTC) and before various State’s Attorneys General, including Multi-State investigations.
Nolan has worked on incidents that range from simple phishing attacks on e-mail accounts by cyber-criminals to intrusions by (formerly) trusted inside employees to complex technical breaches of hosted systems by state-sponsored advanced persistent threats (APTs). These incidents have involved both client systems, and systems of a vendor of a client that hosted its data.
It is often the case (both in response to an incident and for other reasons) that a company will want to undertake an assessment of its security posture, but has concerns about the discoverability of any such analysis. Accordingly, Nolan also frequently assists companies’ scope and conduct privileged security assessments, including “dual purpose” assessments where privileged analysis are also used for ordinary-course purposes.
Commercial Disputes
Nolan also assists companies with commercial disputes, particularly in cases where there is a technology component, including disputes arising from hosted software agreements; outsourcing and managed services agreements; software and technology development agreements and the dissolution of joint ventures. When these disputes cannot be amicably resolved, Nolan has litigated them in State and Federal Court and in arbitrations, including international arbitrations.
More Legal and Business Bylines From Nolan M. Goldberg
- FTC Continues to Stake Out Role as Key AI Regulator - (Posted On Tuesday, September 26, 2023)
- In Continuation of Longstanding Focus on Cybersecurity, SEC Proposes Significant Amendments to Regulation S-P - (Posted On Wednesday, April 05, 2023)
- SEC Revisits Regulation S-P After Twenty Years of Innovation to Information Technology - (Posted On Wednesday, April 05, 2023)
- Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm? - (Posted On Friday, December 16, 2022)
- Paying the Ransom in Response to a Ransomware Attack Can Sometimes Backfire - (Posted On Friday, December 02, 2022)
- SolarWinds: A Lesson on How Companies Victimized by Data Breaches Can Quickly Become the Target of Litigation and Regulatory Investigations - (Posted On Wednesday, November 16, 2022)
- Twelve Things You Need to Know Now About Ransomware - (Posted On Thursday, July 01, 2021)
- How to Respond to the SolarWinds “Orion” Supply Chain Attack - (Posted On Monday, December 21, 2020)
- SolarWinds Vendor Supply Chain Attack: A Timely Reason to Review Procedures for Risk Assessments and Vendor Contracts - (Posted On Monday, December 21, 2020)
- Regulatory Crackdown on Ransomware - (Posted On Tuesday, December 15, 2020)