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Fernando Marques Pinguelo

Fernando Marques Pinguelo

Practice areas:

Litigation, Entertainment, Employment & Labor

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About Me


Summary:


 


Fernando M. Pinguelo, a member of the firm and Co-Chair of its Response to Electronic Discovery and Information Group, devotes his practice to complex litigation with an emphasis on business disputes, electronic discovery, and media and employment matters.


Fernando has experience in all facets of litigation (trial, mediation, and appellate) in both federal and state courts. As a former prosecutor, he tried numerous cases. Today, Fernando handles a broad spectrum of disputes including copyright infringement, misappropriation of trade secrets, fraud, breach of non-compete covenants, and business torts; and he knows how to address a rapidly evolving crisis or emergency.


Fernando sits on federal and state court committees, including the Third Circuit Bar Association Committee on Rules of Procedure and a Supreme Court of New Jersey Committee, where he contributes to court rule revisions and policy changes. He clerked for the Honorable Edwin H. Stern, currently an acting Justice for the Supreme Court of New Jersey.

A leader in the emerging areas of electronic discovery and cyber law, Fernando works with business owners, C-level executives, in-house counsel, human resources, IT, and risk managers to develop strategies to manage business and legal issues related to electronic documents and security. He recognizes that complex contract and statutory considerations impact the evolving business environment. This understanding enables him to help clients comply with the broad array of laws that regulate document management. Fernando focuses on preventing claims and pursues strategies that enhance a client’s ability to manage electronic documents because he is keenly aware of the financial and public relations fallout that can result from high-profile electronic discovery abuses and negligence.


Notably, Fernando was involved in New Jersey’s first case addressing its new electronic discovery rule amendments, and has lectured numerous times on the topic, including at the Judicial College of New Jersey which provides judges with a wide range of academic programs to keep abreast of developments. He has designed a state-of-the-art electronic discovery law course and teaches one of only a few of such courses in the country at Seton Hall University School of Law. Fernando created e-lessons Learned, an award-winning educational blog about e-discovery and technology best practices.


Recently, the Fulbright Program, the U.S. government's flagship international exchange program, designated Pinguelo a Fulbright Specialist for his work in eDiscovery; and he will guest lecture at Mackenzie University in São Paulo, Brazil.  Fernando was invited to be a member of The Sedona Conference® Working Group Series, a prestigious series of think-tanks consisting of leading jurists, lawyers, experts and consultants brought together by a desire to address various "tipping point" issues in each area under consideration. Specifically, Fernando joined The Sedona Conference Working Group on Electronic Document Retention and Production, which is dedicated to the development of principles and best practices recommendations for electronic document retention and production.


As Chair of the firm’s Entertainment Law Group, Fernando counsels a host of diverse talent. He represents television personalities, including Emmy Award-winning talent, performers, and writers on a variety of legal issues. Fernando serves as a judge of the Emmy Awards®, sponsored by the National Academy of Television Arts & Sciences, New York Chapter and is an active member of the entertainment and media sections of the New York, New Jersey, Washington, D.C., and Beverly Hills Bar Associations.


Fernando publishes extensively and has lectured on a variety of topics, including electronic discovery, cyber law, contracts, employment law, copyright, and entertainment law. He has appeared on television as a legal commentator on various high-profile trials. He has also been quoted and cited in newspapers and magazines and on radio and television reports regarding cases he has handled.


 




Specialties:


Electronic Discovery Law, Entertainment Law, Complex Litigation, Labor & Employment Law, Internet Law, and Negotiation


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Languages Spoken: Portuguese

Practice Areas

Licensed since 1997

  1. Litigation: 34%
  2. Employment & Labor: 33%
  3. Entertainment: 33%

Attorney Endorsements

1 total

  • Frank Gonnello Jr.

    Fernando is an extremely diligent, hardworking attorney. I've had the pleasure of working with Fernando on both a professional and personal level, and would recommend this attorney to anyone in need of an experienced litigator.

    More 

    Frank Gonnello Privacy Attorney
    Relationship: Friend

Contact Info

Norris McLaughlin & Marcus, P.A.

721 Route 202-206, Suite 200
P.O. Box 5933
Bridgewater, NJ, 08807-5933

Resume

License
StateStatusAcquiredUpdated
DCActive 199905/24/2015
NYCurrently registered 199803/13/2015
NJActive199705/29/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Forty Under 40 Award WinnerNew Jersey BusinessN/A

Work Experience
TitleCompany NameDuration
N/ALeadership Institute at Meritas2008 - Present
Adjunct ProfessorSeton Hall University School of Law2004 - Present
Legal CommentatorCourt TV2004 - Present
JudgeNational Academy of Television Arts & Sciences2003 - Present
PartnerNorris McLaughlin & Marcus, P.A.1999 - Present
Associate/AttorneyBressler, Amery & Ross1998 - 1999
Law ClerkNew Jersey Superior Court, Appellate Division1997 - 1998

Associations
Association NamePosition NameDuration
American Bar AssociationMemberN/A
New Jersey Supreme Court Committee on the Rules of EvidenceCommittee MemberN/A
Meritas Leadership InstituteFellowN/A
The National Academy of Television Arts & SciencesJudgeN/A
Hispanic Bar Association of New JerseyMemberN/A
Beverly Hills Bar Association, Entertainment Law SectionMemberN/A
District of Columbia Bar, Entertainment, Arts and Sports Law SectionMemberN/A
New York State Bar Association, Entertainment, Arts and Sports Law SectionMemberN/A
New Jersey State Bar Association, Entertainment, Arts and Sports Law SectionBoard of DirectorsN/A
Third Circuit Bar Association, Rules of Procedure CommitteeMemberN/A
Volunteer Lawyers for the ArtsN/AN/A

Publications
Publication NameTitleDate
Virginia Journal of Law & TechnologyA Primer on Cybercrimes In The United States and Efforts to Combat Cybercriminals - 50 State and Federal Cyber Law and Proposed Legislation Survey2011
Intellectual Property & Technology Law JournalAvoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw2011
The Corporate CounselorPolicing Workplace e-Mail Use2010
NM&M Internet Law AlertAvoid the Rainy Day: Survey of U.S. Cloud Computing Caselaw2010
The Metropolitan Corporate CounselVirtual Crimes – Real Damages: Challenges Posed By Cybercrimes In The United States2010
Business Without Borders - An International Business BlogThe Crimes Are Virtual, But The Damages Are Real2010
The Corporate CounselorU.S. Supreme Court Addresses Employee Privacy in the Digital Age2010
NMM Labor & Employment Law AlertCompeting Interests: Policing Workplace Email Use in the Face of Employee Privacy Expectations2010
Metropolitan Corporate CounselAs Local As Law Gets: Navigating NJ's Unique Legal Landscape2010
Digital Discovery & e-Evidence (BNA)New Jersey Supreme Court Rules That Employees Retain Privacy and Privilege of Attorney-Client Communications Made From Work2010
Cardozo Arts and Entertainment Law JournalThe Reverse-Morals Clause: The Unique Way to Save Talent's Reputation and Money in a New Era of Corporate Crimes and Scandals2010
National Law ReviewZubulake Revisited: Ineffective Lit Holds and Sloppiness Lead to Wheel of Sanctions2010
E-Lessons LearnedNew Jersey and Stengart: Perfect Together?2010
Metropolitan Corporate CounseleDiscovery Plain & Simple2009
Seton Hall Journal of Sports and Entertainment LawMorals? Who Cares About Morals? An Examination of Morals Clauses in Talent Contracts and What Talent Needs to Know2009
Interpreter ReleaseseDiscovery & Immigration? How eDiscovery Lurks in Nearly Every Case2009
E-Lessons LearnedAn Aside: Sifting Through The "Fog"2009
Discovery ResourcesNJ Appellate Court Reserves Course: Attorney-Client Privilege Revived2009
Labor & Entertainment Law AlertUse of the Internet in Employee Background Checks2009
E-Lessons LearnedBREAKING NEWS: Employer's "Cyber-Snooping" on MySpace Results in Verdict in Ex-employee's Favor2009
E-Lessons LearnedPre-Zubulake: Email Litigation Hold? Sure, Just Do It Right To Avoid Sanctions2009
E-Lessons LearnedEmployers Beware: 'Cyber Snooping' An Employee's Private MySpace Account May Not Fit The Bill2009
Meritas- Law Firms WorldwideBest Practices in Digital File Storage - In Anticipation of Litigation2009
E-Lessons LearnedeDiscovery Special Masters - The New Kid on the Block is Here to Stay2009
Discovery ResourcesNew Jersey Court Finds Waiver of Privilege in 'Loving' Way2009
National Academy of Television Arts & SciencesAre YOU a Public Figure? Defamation claims and how today's world of instant celebrity can convert average citizens into public figures2009
E-Lessons LearnedKnow your jurisdiction...or your client will be pointing their "index" finger at you2009
The Corporate CounselorRules Governing Fax and E-mail Ads, Offer an Opt-out, or Prepare to Pay Out2009
Law360No Privacy For Employee Info On Office Computers2008
New Jersey Law JournalSatisfy Your Company's E-Discovery Obligations2008
The Metropolitan Corporate CounselWhy Your Business May Be At Risk...Seven misconceptions businesses have about electronically stored information, the electronic discovery amendments to federal and state court rules, and the direct impact these issues have on a business2008
NJ BizMany Struggle to Keep the Right Electronic Records2008
Law360Death Of The Non-compete For NY Broadcasters?2008
NMM Labor & Entertainment Law AlertNo Privacy For Employee Info On Office Computers2008
Commerce MagazineThe Internet & Digital Downloading Are Changing The Music Industry2008
School of Journalism, The University of British ColumbiaProtecting Sources in America2008
Norris McLaughlin & Marcus Business Practices AlertWhy your business may be at risk: Seven misconceptions businesses have about electronically stored information and the direct impact this issue has on businesses2007
The National Academy of Television Arts & Sciences (New York Chapter) WebsiteA Reporter's Confidential Source ... Revealed?2007
Norris McLaughlin & Marcus Business Practices AlertE-Discovery Rule Amendments: Have They Created the Need For You to Learn a New Language?2007
New Jersey Law JournalWrite It Right: From A to Z2007
The Metropolitan Corporate CounselThe First Step To Meeting The E-Discovery Challenge? Have A Document Management Protocol In Place And Comply with It!2007
Legal TIP9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts2007
The National Academy of Television Arts & Sciences (New York Chapter), WebsiteNon-Compete Clauses: Are They Fair?2006
TVSpy.comYour Contract: Sign on the dotted line?2004
TVSpy.comWait! Don't Sign That Contract: The Effect of the Liquidated Damages Clause2003
TVSpy.comThe Need for Peace Talks in the War on File-Sharing2003
TVSpy.comHIPAA - OUCH! What Every Reporter Should Know2003

Education
School NameMajorDegreeGraduated
Boston College Law SchoolLawJD - Juris Doctor1997
Boston CollegeN/ABA - Bachelor of Arts1994
Queen of Peace High SchoolN/AN/A1990

Speaking Engagements
Conference NameTitleDate
University of Virginia School of Law, Charlottesville, VirginiaVirtual Crimes - Real Damages: Challenges Posed By Cybercrimes in the U.S. and Efforts to Combat Cybercriminals2011
American Bar Association, International LawThe Virtual Doctor Will See You Now: The Implications of Increasing Health Information Flows Across Borders2011
The Cardozo Arts & Entertainment Law Journal Annual Spring SymposiumThe Tiger Woods Effect: The Uncertain and Turbulent Future of Endorsement Deals, Morals Clauses, and Reverse-Morals Clauses2010
Second Congress on Electrical Crimes and Forms of Protection, Sao Paulo, BrazilGlobal Challenges Posed By Electronic Crimes: The U.S. Government Perspective2010
New Jersey Institute for Continuing Legal Education, New Brunswick, NJThe Impact of Technology on the Attorney Client Privilege: A Case Study of Stengart v. Loving Care Agency and Beyond2010
Meritas Law Firms Worldwide, Los Angeles, CACloud Computing: Navigating Cross-Border Data Protection Conflicts and Jurisdiction2010
Meritas Law Firms Worldwide, Los Angeles, CALitigating in the Public Eye: How to Deal With the Press When Crisis Hits2010
Greater Lehigh Valley Chamber of Commerce, Bethlehem, PAThe Water Cooler Effect: How The Social Media Sensation Offers Businesses Risks and Rewards2010
Campbell Law Review Symposium, Raleigh, NCEmerging Issues in eDiscovery: How Are Company Legal Departments Positioning to Deal With eDiscovery In the Event of Further Litigation2010
ABA International Section Annual Meeting, Paris, FranceEphemeral Boundaries: Cross-Border Implications of Cloud Computing2010
The Insurance Accounting & Systems Association, Orlando, FloridaThe Rise of E-Discovery2009
Sports Media & Entertainment Law Panel at the Third Annual Corporate Counsel Roundtable, Newark, NJHot Topics in Venue Construction, Licensing and the Challenges Presented by Instant News2009
Rutgers University School of Law Symposium, Newark, NJE-Discovery and its Impact on Corporate Governance and Litigation2009
Norris McLaughlin & Marcus, P.A., Bridgewater, NJHot Topics in Labor & Employment Law 2009: Employment Implications of Online Social Networking2009
Meritas Law Firms Worldwide, Orlando, FloridaE-Discovery: Forging Client Relationships Through Technical Expertise2009
Hispanic National Bar Association Annual Convention, Albuquerque, New MexicoE-Discovery: Trends and Development Two Years After the New Rule2009
Association of Corporate Counsel and MeritaseData & Information Security: Friend of Foe?2009
Association of Corporate CounselFernando Pinguelo Delivers eData Security Lecture To Association of Corporate Counsel2009
St. Regis Hotel, New York CityEmail Manners: Watch What You Say or You'll Be Watched2008
Seton Hall University School of Law, Journal of Sports and Entertainment Law2008 Sports & Entertainment Law Symposium: From the Arena to the Streets: The Pressures Placed on Athletes, Entertainers and Management2008
Seton Hall University School of LawThe Impact of Law in Today's Music Industry: Digital Downloading and What It Means for the Future of Music2008
Norris McLaughlin & Marcus, P.A., Bridgewater, New Jersey2008 Hot Topics in Labor & Employment Law2008
Mercer County Bar AssociationE-Discovery - What You "Technically" Should Know and More2008
Mercer County Bar AssociationWhat You 'Technically' Should Know and More2008
The New Jersey Educational Opportunity Fund, 2007 Legal Program, Seton Hall Law SchoolE-Discovery: What Is It and What It Should Mean To You?2007
The Judicial College of the Administrative Office of the Courts, New Jersey Superior CourtElectronically Stored Information: Where Technology Meets The Law - If It Hasn't Been In Your Courtroom Yet, It Will!2007
South Asian Journalists Association's 2007 SAJA Convention and Job Fair, Columbia UniversityContracts Basics: What every journalist should know before you sign2007
Norris McLaughlin & Marcus SeminarE-Discovery: Is Your Business Ready To Navigate Through The Minefield?2007
New Jersey State Bar AssociationE-Discovery Federal and State Rule Amendments: What To Expect And How To Prepare2007
Lawline.comPodcast: "9 Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts2007
HalfMoon Seminar entitled New Jersey Legal Assisting FundamentalsDrafting and Reviewing Legal Documents2007
HalfMoon SeminarE-Discovery: Is Your Business Ready To Navigate Through The Minefield?2007
Construction Law Section Meeting, New Jersey State Bar AssociationE-Discovery Federal and State Rule Amendments: What To Expect and How To Prepare2007
Association of Corporate CounselNine Things Businesses Need to Know About Jury Waiver Clauses in Employment Contracts2007
Annual Meeting of the National Association of Water Companies, New Jersey ChapterE-Discovery: Action Plan: What to Expect and How to Prepare2007
Student Bar Association of Widener University Law SchoolReal Life: You’re A Lawyer2006
Seton Hall Law School Entertainment & Sports Law SocietyA day in the life of an entertainment & sports law professional2004