Practice and Professional Activities
Eric J. Sinrod is a partner in the San Francisco office of Duane Morris LLP. Mr. Sinrod’s trial, appellate, and overall litigation practice, which includes experience before the United States Supreme Court, has covered a number of important Internet, technology, intellectual property, information, communications, commercial, antitrust and insurance coverage issues. He has represented domestic and international clients in major class actions and where hundreds of millions of dollars have been at stake. He also has handled numerous matters for smaller companies and individuals. Mr. Sinrod recently was highlighted by an outside publication as "the leading IP attorney in the land," and he has been selected by his peers as one of the "Best Lawyers in America" in the area of Cyber Law and as a "Super Lawyer" for Business Litigation.
Mr. Sinrod's work has been profiled by the Washington Post, USA Today, the Wall Street Reporter Magazine, Fox News, CFO Magazine, National Law Journal, Cyber Esq. Magazine, Business Insurance Magazine, the ABA Journal, the American Lawyer, the California Lawyer, The Village Voice, SlashDot and Japanese public television. Mr. Sinrod writes weekly legal columns for USATODAY.com, and he is a regular guest speaker covering legal issues for Tech TV, Live Online News and CNET Radio.
Mr. Sinrod is an adjunct professor of law and has published many law review and other journal articles. He is a frequent speaker on Internet, information and communications issues. He is an advisor to the Cyberspace Law Seminar at Hastings College of the Law and teaches an Information Law Seminar at Golden Gate University School of Law. Mr. Sinrod is a member of the Board of Directors for the Computer Law Association, the Editorial Board of the Journal of Internet Law, the ABA Internet Industry Committee, the Board of Advisors for the Start-Up and Emerging Companies Newsletter for American Lawyer Media, the Advisory Board for the BNA Electronic Commerce & Law Report, and the Executive Committee of the Law Practice Management & Technology Section of the State Bar of California.
Mr. Sinrod was a judicial clerk from the Honorable Samuel Conti, Judge of the United States District Court for the Northern District of California. He served as lead trial attorney in a number of jury trials as a Special Deputy District Attorney for the Marin County District Attorney’s Office. Mr. Sinrod has been an appellate and trial moot court judge at Boalt Hall and other law schools.
Mr. Sinrod is admitted to practice law in the United States Supreme Court, a number of other federal courts and all California courts.
Publications
As a recognized legal expert, Mr. Sinrod’s publications include the following:
Hundreds of weekly Cyberlaw columns for USATODAY.com, American Lawyer Media’s Law.com, Computerworld and Upside, all of which are available at http://www.sinrodlaw.com (1999 to present, 2005).
"FCUKLIFESTYLE.com Domain Name Ordered Transferred to French Connection," 1 Journal of Internet Law 1 (2005).
"The Legal Implications of Disappearing E-Mail," 7:9 Journal of Internet Law 23 (2004).
"Internet Forms and Commentary: A Practitioner's Guide to E-Commerce Contracts and the World Wide Web," a Chapter on Metatag License Contracts, ABA Section of Business Law, Committee on Law in Cyberspace, Information Infrastructure Subcommittee, and Internet Industry Committee (2002).
"The Future of Internet Privacy," 4:9 Journal of Internet Law 22 (2001).
"Cyber-Crimes: A Practical Approach to the Application of Federal Computer Crime Laws," 16 Computer & High Technology Law Journal 177 (2000).
Chapter Author for the Book, "Internet Law and Business Handbook," Ladera Press (2000).
"Hacking Your Way to Hard Time: Application of Computer Crime Laws to Specific Types of Hacking Attacks," 4:3 Journal of Internet Law 1 (2000).
"The Evolving Role of Trademark in Cyberspace," 3:10 Journal of Internet Law 5 (2000).
"The Eye of the High Tech Storm: The Law of E-Mail," 3:8 and 3:9 Journal of Internet Law 1 (2000).
"Commercial Use of E-Mail and Potential Pitfalls of Anti-Spam Laws," VIBES (2000).
"Controlling Chaos: The Emerging Law of Privacy and Speech in Cyberspace," 1999 Stanford Technology Law Review 1 (http://stlr.stanford.edu/STLR/Articles).
"First Steps in Formulating Net Tax Policy," 3:2 Journal of Internet Law 13 (1999).
"The New Wave of Speech and Privacy Developments in Cyberspace," 21:3 Hastings Communications and Entertainment Law Journal 583 (1999).
"Keeping the E-Commerce Taxman at Bay: The Internet Tax Freedom Act," Spring 1999 Report of the ABA Internet Industry Committee 1.
"Internet Privacy: Is Someone Invading Your Cyberspace?," 14:1 Computer Law Association Bulletin 3 (1999).
"Net Tax," Daily Journal, California Business Law Adviser, March 15, 1999, p. 18.
"Sweet Land of E-Liberty: The Internet Tax Freedom Act," 2:7 Journal of Internet Law 1 (1999).
"Cyberspeech: Censorship, ‘Spam,’ and Defamation," Presented at the 28th Annual Computer Law Association Conference (Washington, D.C., April 1999).
"Filtering Out Internet Facts," Daily Journal Cyber Esq., (Winter 1998-99).
"Internet Speech: Putting the Genie Back in the Bottle," 2:4 Journal of Internet Law 1 (1998).
"Privacy Lost in the Brave New Web?," 2:3 Journal of Internet Law 1 (1998).
"Policing Web Sites," 25:1 Privacy Journal 3 (1998).
"Privacy Lost in the Brave New Web?," 24:20 Access Reports 8 (1998).
"Improving Access to Government Information in an Era of Budgetary Constraints," 27 Urban Lawyer 105 (1995).
"Freedom of Information Act Disclosure Deadlines: Bridging the Gap Between Legislative Intent and Economic Reality," 43 American University Law Review 325 (1994).
"Specific Recommendations for Improving Media Access to Government Information," 15 Journal of Media Law and Practice 79 (1994).
"Proposals for Expediting Access to Government Communications and Information," 12:3 Communications Lawyer 6 (1994).
"Applying the Freedom of Information Act in the Immigration Context," 94-12 Immigration Briefings 1 (1994).
"Reconciling Congressional Intent with Budgetary Constraints Re FOIA Response Deadlines," 20:8 Access Reports 3 (1994).
"It’s High Time We Had a FOIA That Works," 17:1 The National Law Journal (9/5/94).
"Blocking Access to Government Information Under the New Personal Privacy Rule," 24 Seton Hall Law Review 214 (1993).
"Expediting Access to Government Information Relative to Immigration Proceedings," 71 Interpreter Releases 669 (1993).
"Emerging Judicial Precedent Threatens Media Access to Government Information," 21:1 Media Law Notes 15 (1993).
"Arguing for Derivative Use," 19:22 Access Reports 5 (1993).
Speaking Engagements
Mr. Sinrod’s speaking engagements have been numerous and include the following:
Regular Guest Speaker Covering Internet Legal Issues for Live Online News; http://www.liveonlinenews.com.
Regular Guest Speaker Addressing Cyberlaw Matters for CNET Radio; 910 AM, http://www.cnetradio.com.
Regular Guest Speaker for LAWCAST; http://www.lawcast.com.
Avoiding Legal Landmines in Cyberspace, Association of Corporate Counsel; Palo Alto and San Francisco, August, 2005.
Moderator, Emerging Areas of Risk Panel, Stanford Ecommerce Best Practices Annual Conference; Palo Alto, June, 2005.
High Tech Resolution and Victory, Internet Law Section of the Barristers Club of San Francisco; San Francisco, May, 2005.
Insurance Coverage Relating to Remediation, Association for Environmental Health and Sciences; San Diego, March, 2005.
Update on eCommerce Law, Silicon Valley Association of General Counsel Annual Meeting; Santa Clara, December, 2004.
Steering Clear of Internet Risks and Liabilities, World Congress Conference of the Computer Law Association; Amsterdam, November, 2004.
Responsible Information Management, Privacy & Information Security, Ponemon Institute; Tucson, September-October, 2004.
Online Security, and How to Deal With the Uncertainties of Online Business, Stanford E-Commerce Best Practices Project: Best Practices in Marketing Software and Other Content to the World Over the Internet; Stanford Law School, Palo Alto, June, 2004.
The Growing Onslaught of High-Tech Disputes: Recommendations for Resolution and Victory, Association of Corporate Counsel; Palo Alto and San Francisco, May, 2004.
Outsourcing in Financial Services, American Conference Institute; Las Vegas, March, 2004.
Rescission of Contracts to Escape Liability, Association for Environmental Health and Sciences; San Diego, March, 2004.
Self-Regulation Versus Government Intervention in IT Security, Sanctum, Inc.; Webcast, December, 2003.
High-Tech Perils, American Corporate Counsel Association; Palo Alto and San Francisco, October, 2003.
Litigation in the Tech World, Scandinavian Delegation; San Francisco, July, 2003.
High-Tech Privacy Developments, European Legal and Business Delegation; San Francisco, March, 2003.
Access to Business and Government Electronic Information; Annual Conference of American Society of Access Professionals; San Francisco, March, 2003.
Internet and Intellectual Property Legal Roundup, Digital Media in Business Program; San Francisco, March, 2003.
Legal Perils for the Telecommunications Industry, California Telephone Association Annual Summit; Monterey, February, 2003.
Risks & Liabilities in Cyberspace, Insurance Society of Philadelphia; Philadelphia, February, 2003.
Liabilities in Cyberspace, Digital Media in Business Program; San Francisco, October, 2002.
Online Risks and Liabilities, Professional Lawyers Retreat; Miami, October, 2002.
Information Technology Litigation: Representing Your Client in Software Performance & System Failure Disputes, sponsored by the Practicing Law Institute; San Francisco/New York, May, 2002.
E-Business Legal Risks, North America Conference on Computer Audit, Control and Security, sponsored by the Information Systems Audit and Control Association; San Francisco, May, 2002.
California Lawyer Magazine Privacy Roundtable; San Francisco, April, 2002.
The Law of the Internet: Intellectual Property Issues in Cyberspace, sponsored by the National Business Institute; San Francisco, December, 2001.
Cyber Privacy Conference, Bar Association of San Francisco Corporate Counsel Program; San Francisco, July, 2001.
Fast-Breaking Internet Legal Developments, Digital Media in Business Program; San Francisco, July, 2001.
Executive Briefing on Recent Cutting-Edge Employment Issues; San Francisco, June, 2001.
Spamcon.com Commercial Email Conference; San Francisco, May, 2001.
Online Insurance Coverage Seminar, American Lawyer Media’s Law.com; World Wide Web, May, 2001.
Email Abuse and the Law, Mailwall Summit, Organized by Brightmail; San Francisco, June, 2001.
Website Hosting Agreements, Cyberspace Camp Program of the Computer Law Association; San Jose, March, 2001.
Internet Privacy Issues, Presentation for Charles Schwab & Co., Inc.; San Francisco, January, 2001.
Recent Legal Trends in Cyberspace, Digital Media in Business Program; San Francisco, December, 2000.
Online Commercial Legal Issues, Direct Response E-Mail Marketing Strategies National Conference; New York City, October, 2000.
Computer Crime Laws, EPRI Enterprise Infrastructure Security Legal Workshop; San Francisco, October, 2000.
Avoiding Legal Pitfalls in Global E-Commerce, San Francisco Chamber of Commerce; San Francisco, October, 2000.
Ethical Issues in Cyberspace, American Bar Association; San Francisco, October, 2000.
Piracy and Privacy in the High-Tech Workplace, Sponsored by Duane, Morris & Heckscher LLP; San Francisco and Palo Alto, September, 2000.
Cybercrime and the Federal Computer Fraud and Abuse Act, Def Con 8; Las Vegas, July, 2000.
Current Cyberspace Legal Developments, Digital Media in Business Program; San Francisco, July, 2000.
Internet Privacy Presentation for The American Corporate Counsel Association, Northern California Chapter; Palo Alto and San Francisco, May, 2000.
Overview of Legal Developments and Practical Strategies Regarding Privacy and Speech on the Internet at the Direct Response E-Mail Marketing Strategies 2000 Conference, Sponsored by the International Quality & Productivity Center; San Francisco, May, 2000.
Fast-Breaking Legal Issues in E-Business, Intranet Presentation for AON; Los Angeles, May, 2000.
Recent Legal Trends in Cyberspace, Digital Media in Business Program; San Francisco, May, 2000.
Computers, Freedom & Privacy 2000: Challenging the Assumptions; "Privacy Policies: Public Protection or License to Snoop?"; Toronto, April, 2000.
Moderator of Cybercrime Symposium, sponsored by Duane, Morris & Heckscher LLP, PriceWaterhouseCoopers and Upside Media; San Francisco, March, 2000.
"Privacy in the New Millennium: A Practical Exploration of the Internet and its Impact on Privacy," sponsored by Santa Clara University Computer and High Technology Law Journal; Santa Clara, February, 2000.
The Law of the Internet, sponsored by the National Business Institute; San Francisco, February, 2000.
Risk and Insurance Managers Society, Marsh USA Risk & Insurance Services, "The Internet: Business Opportunity/Liability Nightmare"; San Francisco, January, 2000.
Digital Impact Corporate Seminar for Web Retailing on Recent Legislative Developments; San Francisco, October, 1999.
The American Corporate Counsel Association, Southern California Chapter, Annual Conference on "Technology Issues for the New Millennium"; Los Angeles, October, 1999.
"Direct Response E-Mail Marketing Strategies," Sponsored by International Quality & Productivity Center; San Francisco, August, 1999.
The Twenty-Eighth Computer Law Association Annual Meeting and World Computer Law Congress, "Practical Strategies for the Changing Information Technology Market," Sponsored by The Computer Law Association in cooperation with The Federal Communications Bar Association; Washington, D.C., April, 1999.
The Eleventh Annual Computer Law Symposium, "Enabling Electronic Commerce, Trademark, Privacy and Internet Business," Sponsored by Hewlett Packard and Presented by the Hastings Communications and Entertainment Law Journal; San Francisco, February, 1999.
Examples of Published Opinions
French Connection Limited v. Frederique Taillefer, WIPO Arbitration and Mediation Center Administrative Panel Decision Re www.frenchconnectiononline.com,Case No. D2005-0255, May 16, 2005.
Highfields Capital Management, L.P. v. Doe, ___ F.Supp.2d ___, 2005 WL 2065142, N.D. Cal., January 18, 2005.
French Connection Limited v. Daniel Bradley, WIPO Arbitration and Mediation Center Administrative Panel Decision Re www.fcuklifestyle.com, Case No. D2004-0742, November 22, 2004.
Travelers Cas. And Sur. Co. v. Superior Court, 63 Cal.App.4th 1440 (1998).
U.S. Dep’t of State v. Ray, 112 S. Ct. 541 (1991).
In re Insurance Antitrust Litigation, 723 F.Supp. 464 (N.D. Cal. 1989), rev’d, 938 F.2nd 919 (9th Cir. 1991), aff’d in part and rev’d in part sub nom, Hartford Fire Ins. Co. v. California, 113 S. Ct. 2891, 125 L.Ed.2nd 612 (1993).
Mayock v. INS, 714 F.Supp. 1558 (N.D. Cal. 1989), rev’d sub nom, Mayock v. Nelson, 938 F.2d 1006 (9th Cir. 1998), nationwide settlement, 43 Am. U.L. Rev. 325, App. (1994).
Mayock v. INS, 736 F.Supp. 1561 (N.D. Cal. 1990).
Gilmore Steel Corp. v. United States, 672 F.Supp. 1458 (CIT 1987), rev’d sub nom, Oregon Steel Mills, Inc. v. United States, 862 F.2nd 1541 (Fed. Cir. 1988).
Education
J.D., University of Michigan (cum laude 1984); Associate Editor, University of Michigan Journal of Law Reform.
B.A., Oberlin College (Phi Beta Kappa 1980); Comfort Starr Scholarship Prize for Academic Excellence.
Bar & Court Admissions
United States Supreme Court.
U.S. Court of Appeal for the Ninth Circuit.
U.S. District Courts for the Northern District of California and the Eastern District of California.
U.S. Court of International Trade.
All California courts.
Other Professional Affiliations
Advisor, Hastings College of the Law, Cyberspace Law Seminar.
Adjunct Professor, Golden Gate University School of Law, Information Law Seminar.
Board Member, Computer Law Association.
Editorial Board Member, Journal of Internet Law.
Committee Member, ABA Internet Industry Committee.
Advisory Board Member, Start-Up and Emerging Companies Newsletter published by American Lawyer Media.
Advisory Board Member, BNA Electronic Commerce & Law Report.
Executive Committee Member, Law Practice & Technology Practice Section of the State Bar of California.
Computer Law Association.
Association of Business Trial Attorneys.
Bar Association of San Francisco.
California Trial Lawyers Association.
San Francisco Trial Lawyers Association.
Appellate and Moot Court Judge, Boalt Hall, Santa Clara Law School, Golden Gate University School of Law.
SF-35496