Nolan Goldberg > Proskauer Rose LLP > New York, United States > Lawyer Profile
Proskauer Rose LLP Offices
11 TIMES SQUARE
NEW YORK, NEW YORK 10036-8299
NEW YORK
United States
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Nolan Goldberg
Work Department
Litigation
Position
Nolan M. Goldberg is a partner in Proskauer’s Litigation Department, co-head of the Data Privacy and Cybersecurity Litigation Group, and a member of the Patent Law Group. His practice focuses on technology-centric litigation, arbitration (including international arbitrations), regulatory investigations (including federal and state regulators), privileged investigations and counseling, covering a range of types of disputes, including cybersecurity, intellectual property (including patent), 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); the Securities Exchange Commission (SEC); New York State Department of Financial Service (NYS DFS) 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 various compromised systems, including, but not limited to internal 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.
Intellectual Property
Nolan’s work has included numerous patent and trade secret litigations and negotiations, primarily in cases involving computer and network-related technologies. In particular, the litigations have involved at least the following technologies: cybersecurity; hosted software; telecommunications, computer networking; network and computer-related security hardware and software; microprocessors, voice-over Internet protocol (“VoIP”); bar code scanners financial business methods and software, including securities settlement, fail management and trade execution and reporting software; data compression; handheld computers; pharmaceuticals; cardiac electro-stimulatory devices and prosthetics.
Nolan also has experience prosecuting patent applications before the U.S. Patent and Trademark Office in encryption, CMOS, HDTV, virtual private networks (“VPN”), e-commerce, XML/XSL, financial instruments, semiconductor electronics, medical device technology, inventory control and analysis, cellular communications, Check 21 and business methods. Nolan also has conducted numerous freedom-to-operate searches, written opinions, and counseled clients in the areas of bar code scanners, imaging, book publishing, computer networking, business methods, Power Over Ethernet (“PoE”), and digital content distribution.
He has assisted in evaluating patents for inclusion in patent pools involving large consumer electronics and entertainment companies concerning CD and DVD technology.
Computer Forensics and Electronic Discovery
Nolan is often called upon to develop e-discovery strategies to be used in all types of litigations, with a particular focus on selecting appropriate tools, developing proportionate discovery plans, cross border electronic discovery, managing the overall burden and cost of the electronic discovery process, and obtaining often overlooked electronic evidence, including computer forensics. He also assists clients to develop and implement information management programs to reduce expense and risk, meet compliance obligations, and tame e-discovery burdens.
Thought Leadership
Nolan has authored numerous articles and given numerous presentations on emerging issues and trends in both technology and law, and has often been called upon to comment on various media outlets including Business Week, IPlaw360, IT Business Edge, CIO.com, Forbes, and The National Law Journal.
Prior to practicing law, Nolan was a computer specialist at Underwriters Laboratories (UL).
Lawyer Rankings
United States > Media, technology and telecoms > Cyber law (including data privacy and data protection)
Proskauer Rose LLP’s privacy and data security practice takes on nationwide compliance and data breach response mandates as well as data due diligences as part of M&A, primarily advising clients in the commercial and sports sectors. Washington DC-based global head Ryan Blaney advises clients in the healthcare and emerging technologies industries on cybersecurity incidents and government investigations, namely acting as lead defense counsel in HHS-OCR, DOJ, FTC and State Attorney Generals investigations. New York-based litigation specialist Margaret Dale assists companies across a range of sectors from consumer products to TMT and financial services on disputes involving data security issues and breaches. Dale co-heads the privacy litigation group alongside New York-based senior counsel Nolan Goldberg often represents clients against FCC and FTC investigations.
Lawyer Rankings
Top Tier Firm Rankings
- Labor and employment > Employee benefits, executive compensation and retirement plans: design
- M&A/corporate and commercial > Venture capital and emerging companies
- Labor and employment > Labor and employment disputes (including collective actions)
- Labor and employment > Labor-management relations
- Intellectual property > Copyright
- M&A/corporate and commercial > M&A: middle-market ($500m-999m)
- Industry focus > Sport
- Labor and employment > Workplace and employment counseling
Firm Rankings
- Media, technology and telecoms > Advertising and marketing: litigation
- Insurance > Advice to policyholders
- Investment fund formation and management > Alternative/hedge funds
- Intellectual property > Copyright
- Labor and employment > Employee benefits, executive compensation and retirement plans: transactional
- Labor and employment > ERISA litigation
- Dispute resolution > General commercial disputes
- Tax > International tax
- Tax > Not-for-profit (nonprofit and tax exempt organizations)
- Investment fund formation and management > Private equity funds (including venture capital)
- Real estate > Real estate
- Real estate > Real estate investment trusts (REITs)
- Tax > US taxes: non-contentious
- Media, technology and telecoms > Cyber law (including data privacy and data protection)
- Labor and employment > Immigration
- Media, technology and telecoms > Media and entertainment: litigation
- Finance > Restructuring (including bankruptcy): corporate
- Antitrust > Civil litigation/class actions: defense
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Environment > Environment: transactional
- Healthcare > Life sciences
- Media, technology and telecoms > Media and entertainment: transactional
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- M&A/corporate and commercial > Private equity buyouts: large deals ($500m+)
- Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco)
- Dispute resolution > Securities litigation: defense
- Healthcare > Service providers
- Media, technology and telecoms > Technology transactions
- Intellectual property > Trade secrets (litigation and non-contentious matters)
- Intellectual property > Trademarks: litigation
- M&A/corporate and commercial > M&A: large deals ($1bn+)
- Dispute resolution > Leading trial lawyers
- Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)
- Finance > Commercial lending