ANDREW M. HINKES. Of Counsel. bergersingerman.com

Transcription

1 ANDREW M. HINKES Drew represents leading companies and entrepreneurs in state and federal commercial litigation matters. Drew concentrates his practice on contract litigation, representation of court-appointed fiduciaries, business torts, trade secrets litigation, and electronic discovery issues. He also advises clients regarding document retention issues, electronic privacy issues, web site terms of service and privacy policies. Drew is also frequently published and cited for his work on IT and technology-related issues, including virtual currencies, smart contracts, distributed ledger-based technologies, computer data security/breaches, and technology regulation. Representative Matters Represented State and Federal Court-Appointed Receivers in multiple receiverships arising from violations of Florida's Deceptive and Unfair Trade Practices Act and violations of FTC regulations Defended corporate officers in multi-jurisdictional Federal RICO litigation Defended Fortune 1000 company in multiple litigations in multiple state and Federal courts related to alleged consumer fraud Defended employer against parallel State and Federal employment discrimination and contract claims while prosecuting trade secret and corporate raiding claims Defended and prosecuted multiple appeals in both Florida State Of Counsel (954) East Las Olas Boulevard, Suite 1000 Fort Lauderdale, FL Practice Team Dispute Resolution Practice Areas Complex Commercial Litigation Construction Litigation Education J.D., cum laude, University of Miami School of Law A.B., cum laude with Eliot Honors, Washington University in St. Louis Admissions Florida U.S. District Court, Southern District of Florida

2 and Federal Courts Represented employers in actions to obtain preliminary injunctions for violation of restrictive covenant non-compete and non-solicitation agreements Prosecuted and defended commercial foreclosure actions Prosecuted fraudulent transfer actions in bankruptcy court and in state court collection proceedings Represented victim of data breach in complying with nationwide breach notification and reporting obligations Drafted privacy policies, terms of service for ecommerce web sites Awards and Honors Florida Super Lawyers, Business Litigation, E-Discovery, Employment & Labor, 2014 Florida Super Lawyers, Rising Star, 2013, 2015 Florida Trend, Legal Elite, 2013 Florida Trend, Up & Comer, 2010, 2015 South Florida Legal Guide, Top Up and Comer, 2016 Community Activities / Associations E-Discovery Committee of the Business Law Section of The Florida Bar, Member Blockchain Beach, Inc., Member Digital Currency Council, Member Pro-Bono representation of The Holocaust Documentation and Education Center, Inc. and Jack & Jill Children's Center Mt. Sinai Medical Center Foundation, Young President Summer Associate Mentor, 2008, 2009 International System Security Association, Member Prior Affiliations Associate, Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. Certified Legal Intern for the Miami-Dade Office of the Public Defender, Felony Division Judicial Intern for the Honorable A. Jay Cristol; United States Bankruptcy Court, Southern District of Florida Recent Publications June 23, The Business Journals, "Self-driving cars, drones and VR are cool, but are you willing to give up your privacy?" June 22, Daily Business Review, "Hacks Happen: What Are Your Rights in Florida If You Are Hacked?" June 21, Bitcoin Magazine, "A Legal Analysis of the DAO Exploit and Possible Investor Rights" May 19, CoinDesk, "The Law of The DAO" May 16, Doing Business in Florida, "Hacks Happen: What are Your Business' Rights in Florida if You are Hacked?" February 18, Law 360, "Bitcoin In Bankruptcy: Is It Commodity Or Currency?"

3 February 2, CoinDesk, "Beyond Regulation: Why Bitcoin's Pressing Problem is Civil Law" January 21, The Business Journals, "Why private blockchains will not replace relational databases (yet)" January 19, The Florida Bar, "Document Preservation...When, What, Who and How" October 16, The Business Journals, "Why Lawyers Collecting Judgments Need to Understand Bitcoin" August 19, The Business Journals, "What your business can learn from the Chrysler car hack" August 17, Bitcoin Magazine, "False Alarm: Why The Japanese Ruling May Not Spell Doom for Bitcoin Ownership Rights: June 29, Law 360, "What Bankruptcy Trustees Need To Know About Bitcoin" June 8, Bitcoin Magazine, "Two Key Lessons from Sand Hill Exchange" May 6, Doing Business in Florida, "Does Inaccurate Information Aggregation Confer Standing to Sue in the Absence of Actual Damages?" March 20, Law 360, "A Closer Look at Florida's Attempt to De-Anonymize Websites" March 12, Doing Business in Florida, "Florida Bill Seeks to Protect IP Owners by De-Anonymizing Web Sites" November 3, Doing Business in Florida, "Note Holders Must Provide Evidence of Adequate Protection to Enforce Lost or Destroyed Promissory Notes in Florida" September 29, Doing Business in Florida, "New Mobile Device Encryption Emphasizes the Need for Timely Litigation Hold" September 16, Doing Business in Florida, "Why Bitcoin May Be Superior to Cash for Sellers of Real Property" July 29, Inside Counsel, "Blockchains, Smart Contracts, and the Death of Specific Performance" July 2, Inside Counsel, "Cybersecurity for Distributed Virtual Currency Businesses" April 25, Corporate Counsel, "Limiting the damage from a Denial of Service Attack" May 21, Corporate Counsel, "Cloud Computing and Unexpected FCPA Jurisdiction" Spring Corporate Counsel, "BYOD Policies A Litigation Perspective" February The Federal Lawyer, "Cloud Computing: New Discovery Challenges Await" Recent Speaking Engagements October 28, nd Notre Dame Tax & Estate Planning Institute,"What Every Estate Planner Needs to Know About Bitcoin, Blockchain, and Smart Contracts" June 22, HIPAA Compliance: What Rehabilitation

4 Facilities Need to Know June 10, American Women's Society of Public Accountants, "Bit-counting" June 3, Broward County Bar Association, "What Local Government Needs to Know about Ransomware" May 19, MIT World Real Estate Forum, "Beyond Bitcoin: How Blockchain will change real estate forever." May 17, International Blockchain Real Estate Association Annual Conference, "Smart Contracts and Panelist: Conveyance and Title" March 25, NYU Wagner School of Public Service, &quotlaw and Policy of Autonomous Vehicles" February 4, The Bar Association of Montgomery County, Maryland, "CLE: Bitcoin" February 2, Broward County Matrimonial Lawyers, "What Family Law Practitioners Need to Know About Bitcoin" November 10, Mysis Connect Forum Americas, "Blockchain: The next big thing in Capital Markets?" September 8, The Florida Chapter of the American Planning Association, "Betting on Florida's Future" April 30, American Bar Association Real Property and Trust Estates Spring Symposium April 22, Code for Fort Lauderdale, "True Origin of Digital Goods Act" April 16, Old Republic Title Company Annual Conference June 27, E-Discovery Seminar "Emerging Electronic Discovery and Information Governance Issues" March 31, Only in Miami Radio Show: Discussing Bitcoin and Virtual Currency Innovation in Miami, FL October 18, Broward County Bar Association's Bench & Bar Convention, "E-Discovery" August 8, Webinar, "Are You Over Collecting (and Over Spending) in E-Discovery?" June 30, World Social Media Day, "The Law of Fake Followers" June 7, Video Interview with LXBN, "A Legal Challenge in NSA's Verizon Phone Record Scandal Would Be Very Difficult" April 15, American Records Management Association, Florida Chapter Conference, "Duty to Preserve in Preparation for Litigation" Recent In the News June 13, Museletter interviews Andrew Hinkes on "Q&A: Bitcoin and Blockchain Technology" March 31, Realcomm quotes Andrew Hinkes on "What Is Blockchain And How Does It Apply To Real Estate?" January 19, Philadelphia Inquirer quotes Andrew Hinkes on "Actual condo, virtual price - buying via bitcoin" January 11, Twenty-Six Berger Singerman Attorneys Listed in South Florida Legal Guide as Top Attorneys

5 Powered by TCPDF ( October 16, Tennessee Bar Association mentions Andrew Hinkes on "Opinion: Bitcoin Poses Unique Challenges for Lawyers" September 23, CIO.com quotes Andrew Hinkes on "Is a lack of enterprise apps killing BYOD?" August 2, EconoTimes quotes Andrew Hinkes on "Japanese ruling triggers debate over bitcoin ownership rights." July 8, Eleven Berger Singerman Attorneys Recognized in the 2015 Edition of Florida Trend June 29, Forty Berger Singerman Attorneys Recognized in the 2015 Edition of Florida Super Lawyers January 7, Tech Times quotes Andrew Hinkes on "Is Bitcoin Made from Titanium? Currency on Rebound Despite Hack, Price Plunge" August 22, Information Week quotes Andrew Hinkes on "BYOD: California Ruling A Wakeup Call" August 7, Law360 quotes Andrew Hinkes on "5 Tips For Tackling Smartphone E-Discovery" November 7, Huffington Post quotes Andrew Hinkes on "Can Twitter Curb Growing Black Market for Fake Followers After IPO?" August 13, E-Discovery Beat quotes Andrew Hinkes on "Experts Weigh in on targeted Collections in E-Discovery"