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We’re experienced trial, appellate, and business lawyers with a nationally recognized computer law, intellectual property, and criminal defense practice.
These days lots of law firms claim they practice computer or “cyber” law. They tack the word cyber in front of everything and claim to be “cyber” experts. It’s cyber this and cyber that. Every law firm wants to join the cyber law parade. But when you ask one of these “cyber” law firms the difference between a MAC Address and an IP Address you get a blank stare. And you probably get that blank stare in the form of an unencrypted email sent from that law firm’s unsecured server. We’re not that law firm.
In 2012, we were the first law firm in the country to accept BitCoin as payment. It wasn’t a big deal to us then and we aren’t dazzled now by all the hype around virtual currencies. We’ve been on the cutting edge of computer law for the last six years and we’re not stopping.
The New York Times, the Washington Post, and the Associated Press, among others, have recognized us as “computer law experts.” The national and international media routinely turn to us for our unique insights and experience in the field of computer law. Wired magazine included three of our Computer Fraud and Abuse Act (“CFAA”) cases as among the “most controversial hacking cases of the last decade.”
We know the perils and pitfalls of the CFAA and United States Computer law, and both in the criminal and civil context. Our in depth experience in this area is why clients turn to us both for litigation and counseling when it comes to the CFAA and the morass of federal and state computer laws and regulations.
Companies and individuals turn to us for consulting services because our experience has taught us that common practices and mistakes underlie almost all the computer cases we’ve worked on. We identify these common mistakes and weaknesses for our clients and help correct them.
The best cyber security is proactive and pragmatic, not reactive and irrational. Unfortunately, most cyber security is the latter. What’s your approach?
We’re proactive and pragmatic. Our approach to cyber security is based on our unique experience defending hackers in federal criminal court. From this we’ve learned that the biggest problem in securing a system is not technical, but behavioral. Far too often human error, sloppiness, or inattention is the real reason behind a critical, business threatening system breach. When we counsel our clients on cyber security, our proactive, pragmatic approach takes this key insight into account, while paying careful attention to the technical aspect of things.
We work with our clients and trusted vendors to craft a comprehensive cyber security and data breach plan that not only meets the highest technical standards, but addresses the behavioral ones. And in the unfortunate situation where your system has been hacked, once your system has been secured, your behavioral response to the breach can be far more damaging than the hack itself. That’s because your business reputation and legal and regulatory standing is on the line.
We help businesses develop behavioral and technical action plans in the event of a hack and data breach. Instead of being reactive and irrational, often paralyzed, because of a hack, our clients are prepared, proactive, and pragmatic.
Although we love to watch our clients resolve their disputes without resorting to litigation, it often becomes necessary to court. Partners Mark Jaffe and Tor Ekeland have a combined twenty-plus years working on everyone from international banks to local franchisors and architects.
Concerned about protecting your investment in your intellectual property from those who want to reap the benefits of your hard work without doing any of the hard work? We share your concern.
Intellectual property is a consideration in nearly everything a modern business does, including forming new partnerships, attracting financing, hiring employees and vendors, developing products, establishing an online presence, and negotiating a merger or acquisition. We provide counseling at each of these stages, helping our clients to manage, license, and enforce their rights, and to anticipate issues and opportunities.
We are experienced IP litigators, and we represent clients in actions to enforce copyrights and trademarks and defend infringement claims, as well as in trademark opposition proceedings and domain name disputes.
Our international trademark registration and maintenance services ensure that your rights are secured everywhere you do business. But an effective brand goes beyond registration and enforcement; we counsel our clients on business practices and policies to establish and strengthen their position in the market.
We’re experienced Intellectual Property litigators, and we represent clients in actions to enforce copyrights and trademarks and defend infringement claims, as well as in trademark opposition proceedings and domain name disputes.
Online services face unique copyright compliance issues. We help clients take advantage of the DMCA safe harbor for user-generated content, understand and assert their fair use rights to third-party content, and respond to cease and desist letters concerning IP infringement, domain name disputes, and rights of publicity.
Are you concerned with the increasing regulatory oversight of ICOs and virtual currencies like Bitcoin and Ethereum? Do you find the rapidly changing, different and often conflicting treatment virtual currencies receive from the IRS, SEC, CFTC and other government agencies confusing? You’re not alone.
We counsel businesses on how to navigate the ever evolving regulatory landscape of ICOs and virtual currencies. Drawing on our experience dealing with the SEC, CFTC, DOJ and the needs of 21st century businesses, we help our clients manage risk in an uncertain environment.
Click here for a video of Tor arguing a case in front of the Ninth Circuit Court of Appeals.
Tor heads the Firm’s Computer Law and Trial practices. He is best known for representing hackers and white collar defendants in federal criminal court and on appeal. Tor also counsels businesses and individuals under investigation by the United States Department of Justice, and those seeking counseling on compliance with U.S. computer laws.
Prior to starting the Firm, Tor was a litigator with the New York City office of Sidley Austin, LLP where he gained experience with U.S. securities laws and regulations and Complex Commercial litigation. Businesses often turn to Tor for counseling on virtual currencies such as BitCoin, ICO’s, and the intersection of U.S. securities and computer laws.
Tor has represented hackers and white collar defendants in federal courts in Kentucky, New York, New Jersey, Massachusetts, Minnesota, Texas, Tennessee, Virginia and California. His experience encompasses all aspects of the federal criminal process, from target letters, grand jury testimony, pre-trial proceedings, trial, and appeal. The national and international press regularly turn to him for commentary on the computer law issues of the moment. Many of his cases revolve around the notorious Computer Fraud and Abuse Act (CFAA), a civil and criminal federal statute at the heart of most computer law litigation in the United States. Other significant cases of his involve national security issues and government surveillance. He regularly deals with the Department of Justice, the FBI, the U.S. Marshalls, the U.S. Probation Office and the Bureau of Prisons across the country.
Tor is admitted in New York State, as well as the Federal District Courts for the: Eastern District of New York; Southern District of New York; Northern District of New York; Southern District of Texas; and the Eastern District of Texas. He is admitted to the Federal Appeals Courts for the: Second Circuit; Third Circuit; Fifth Circuit; and Ninth Circuit. Additionally, he has been admitted pro hac vice on various matters in the Federal District Courts for the: Eastern District of California; Eastern District of Kentucky; District of New Jersey; District of Massachusetts; District of Minnesota; Middle District of Tennesee; Northern District of Texas; and the Eastern District of Virginia.
He is an avid runner and has run the New York City, Los Angeles, and Paris Marathons, among other races.
Mark is a partner at Tor Ekeland Law, PLLC and Managing Partner of TorMark Law LLP. Working from our California office he focuses on the needs of start-up businesses and creative professionals nationwide, from the inception of their companies and throughout each phase of their development.
He advises clients regarding their copyrights, trademarks, right of publicity, advertising, brand protection, the Digital Millennium Copyright Act, regulatory compliance, labor law, and service contracts. Mark also litigates on behalf of his clients when the need arises.
Mark is licensed in New York and California.
©2019 Tor Ekeland Law, PLLC • (718) 737-7264
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