Proskauer Rose LLP

Cybersecurity

Nolan’s electrical engineering background, combined with a litigation and risk management focus, allows him to guide companies through all phases of cybersecurity incident response, strategic planning, litigation and regulatory investigations. Acting as a bridge between the technical and legal teams, he defends clients in litigations, arbitrations and regulatory investigations before agencies such as the Federal Communications Commission (FCC), Federal Trade Commission (FTC), the Securities Exchange Commission (SEC), New York State Department of Financial Service (NYS DFS), Massachusetts Division of Banks, and before all 50 State’s Attorneys Generals’ offices, including multi-state investigations.

Nolan has also led investigations into vendor data breaches, particularly those involving claims of privilege to avoid contractual obligations, and conducted cybersecurity diligence for financial transactions. Additionally, he frequently assists companies in privileged assessments, including dual-purpose evaluations used for both legal analysis and operational decision-making.

Commercial Disputes

Nolan advises companies on commercial disputes, particularly those involving technology-related issues, such as hosted software agreements, outsourcing and managed services agreements, software and technology development agreements and joint venture dissolutions. When these disputes cannot be amicably resolved, he has successfully litigated these cases in state and federal courts as well as in arbitrations, including international proceedings.

Intellectual Property

Nolan has experience in intellectual property matters, including patent and trade secret litigations and negotiations, primarily in cases involving computer and network-related technologies. His litigation work has covered a broad range of technologies, including cybersecurity, hosted software, telecommunications, computer networking, security hardware and software, microprocessors, voice-over Internet protocol ("VoIP"), automative tools, barcode scanners, financial business methods and software – such as securities settlement, fail management and trade execution and reporting software – data compression, handheld computers, pharmaceuticals, cardiac electro-stimulatory devices and prosthetics.

He has also assisted in evaluating patents for inclusion in patent pools involving large consumer electronics and entertainment companies concerning CD and DVD technologies.

Computer Forensics and Electronic Discovery

Nolan is often called upon to develop e-discovery strategies across various litigations, with a particular focus on selecting appropriate tools, developing proportionate discovery plans, navigating 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 minimize costs, mitigate risks, meet compliance obligations and streamline e-discovery obligations.

Thought Leadership

Nolan has authored numerous articles and presented on emerging issues and trends in both technology and law. He has been called upon to comment on various media outlets, including Business Week, IPlaw360, IT Business Edge, CIO.com, Forbes and The National Law Journal.

As co-head of the Firm’s Technology Strategy Committee, Nolan has developed expertise in Generative Artificial Intelligence Technologies, particularly in leveraging AI to enhance the practice of law.

Prior to practicing law, Nolan was a computer specialist at Underwriters Laboratories (UL).