Gabriel M. Helmer
Gabriel Helmer, co-chair of Foley Hoag’s Security & Privacy Practice Group, assists clients with the full spectrum of issues relating to information security and privacy law. The focus of Gabriel’s practice is securing clients’ sensitive business data, intellectual property and information systems.
Gabriel advises companies responding to incidents involving data theft, breaches of computer and network security, as well as electronic espionage. Clients have relied on Gabriel to track a variety anonymous activity and secure unauthorized transfers of proprietary information using both internal investigations and civil litigation. He also counsels clients when the circumstances call for criminal investigation by federal and state law enforcement agencies.
As part of this varied practice, Gabriel advises clients complying with the expanding number of U.S. and international security, surveillance and privacy laws. His experience with investigations and litigation involving unauthorized transfers gives Gabriel a unique perspective when he assists clients developing information security programs, contracts and transactions to ensure compliance with security rules and requirements.
In addition to his experience in information security and privacy law issues, Gabriel also represents clients in traditional intellectual property litigation involving patents, trade secrets and copyrights. He has extensive experience developing valuations for clients’ intellectual property.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Federal Circuit
Representative Experience
The following is a brief summary of Gabriel's experience and accomplishments:
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Developed information security program for investment advisory firm to maintain compliance with new state and federal information security regulations.
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Investigated leaks of information at healthcare provider governed by Massachusetts data security breach laws and regulations and developed the required customer and government notifications.
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Successfully secured confidential data misappropriated from a medical device manufacturer by potential competitor by implementing an internal investigation and obtaining the emergency court orders needed to seize computers, track anonymous electronic transfers and prevent damaging disclosure of trade secrets.
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Negotiated favorable settlements from former employees that were discovered using company computers to make unauthorized copies of confidential information.
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Guided client through the process of isolating and removing unauthorized copies of a competitor’s materials brought to the client by a new employee.
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Successfully effected the removal of confidential company information from numerous public websites and bulletin boards.
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Advised and managed internal investigations and audits to ensure compliance with federal and state surveillance laws, including the wiretap acts, Computer Fraud & Abuse Act, Electronic Communications Privacy Act as amended by the U.S. PATRIOT Act as well as other information privacy laws.
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Structured and revised business transactions and agreements to comply with state and federal privacy laws.
professional / civic involvement
- American Intellectual Property Law Association, Member
- Intellectual Property Owners Association, Member
- Boston Bar Association, Member
- American Bar Association, Member
publications
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Five Key First Steps to Developing an Information Security Program, Privacy & Data Sec. L. J. (Dec. 2009)
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Strip Search and the Felony Detainee: A Case for Reasonable Suspicion, 81 BU.L. REV 239 (February 2001)