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dopderbeck@mosessinger.com
T: (212) 554-7887
F: (212) 377-6089 David W. Opderbeck is of counsel to the firm's Intellectual Property, Internet/Technology, Global Outsourcing and Procurement, Healthcare and Privacy practice groups. He offers guidance to clients on the ever-changing complexities of cybersecurity law and policy, Internet and new media law and litigation, and intellectual property and privacy. Clients from various industries seek David’s counsel on legal and regulatory issues relating to information security, data breach notifications, trade secret protection and e-commerce licensing and transactions. His client base includes companies and individuals in such industries as the life sciences, healthcare, banking, consumer products, telecommunications and computer software.
Nationally-recognized and widely-published for his work, David is also a Professor of Law and Director of the Gibbons Institute of Law, Science & Technology at Seton Hall University Law School. Prior to his academic career, David was a partner in the Intellectual Property/High Technology group at McCarter & English, LLP. Representative litigated cases include Wedeco UV Technologies, Inc. v. Calgon Corp., 2006 WL 1867201 (D.N.J. 2006); Bamberger v. Rohm & Hass Corp., 1998 WL 684263, 40 Fed.R.Serv.3d 667 (D.N.J. 1998); and McCall v. Metropolitan Life Ins. Co., 956 F. Supp. 1172 (D.N.J. 1996).
- Stanford University, Software Security Foundations Certificate
- New York University Law School, LL.M. (Intellectual Property)
- Seton Hall Law School, J.D., cum laude
LAW SCHOOL ACTIVITIES/HONORS
- Editor-in-Chief, Seton Hall Legislative Journal
ARTICLES
- "Wireless Medical Devices: Potential Risks to Patient Safety and Privacy ," Moses & Singer Client Alert, May 2012.
- "Cybersecurity and Executive Power," 89 Washington Law Review 795, January 2012.
- "Rational Competition Policy and Reverse Payment Settlements Under the Hatch-Waxman Act," 89 Georgetown Law Journal 1303, June 2010.
- "Deconstructing Jefferson’s Candle: Towards a Critical Realist Approach to Cultural Environmentalism and Information Policy," 49 Jurimetrics 203, December 2009.
- "Patent Damages Reform and the Shape of Patent Law," 89 Boston University Law Review 127, February 2009.
- "The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source," Symposium, 18 Stanford Law & Policy Review 101, April 2007.
- "A Virtue-Centered Approach to the Biotechnology Commons (or, The Virtuous Penguin)," Symposium, 59 Maine Law Review 316, January 2007.
- "Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation," 20 Berkeley Technology Law Journal 1, December 2005.
- "Patents, Essential Medicines, and the Innovation Game," 58 Vanderbilt Law Review 501, March 2005.
- "The Penguin’s Genome, or Coase and Open Source Biotechnology," 18 Harvard Journal of Law and Technology 168, September 2004.
PRESENTATIONS
- “Dealing with Hackers,“ Practicing Law Institute's Think Like a Lawyer, Ask Questions Like a Geek: Understanding Cybersecurity, Social Media and Mobile Technology,” November 2011
- “Cyberterrorism as a Crime,” New Jersey Institute of Technology's Counter-Terrorism Symposium, November 2011
- “Federal Circuit Year in Review,” Seton Hall Law, October 2011
- “Legal Ethics and Social Networks,” The Business of IP Law, April 2011
- “Future Prospects for Biosimilars Legislation,” Moderator, Biosimilars Roundtable, Seton Hall University Law School, September 2010
- “Survey of Recent Federal Circuit Case Law,” Federal Circuit Update, Seton Hall Law School, February 2010
- “Patents, Trade Secrets, and Social Relations,” Works in Progress Intellectual Property Conference, Seton Hall Law School, October 2009
- “Rational Competition Policy and Reverse Payment Settlements Under the Hatch-Waxman Act,” Intellectual Property Scholars’ Conference, Cardozo Law School, August 2009
- “State Sovereignty, Flu Viruses, and Intellectual Property,” Symposium, Second Summer Institute in Intellectual Property, Agricultural Biotechnology, and Agricultural Sciences, Drake University Law School, June 2009
- “The Attacks Upon Statutory Damages and the ‘Making Available’ Right: The Possible Aftereffects on Big and Small Business Litigation Strategies,” Symposium Panel Moderator, Fordham University Law School, November 2008
- “Patent Damages Reform and the Shape of Patent Law,” Marquette University Law School Faculty Colloquium, November 2008
- “State Sovereignty, Flu Viruses, and Intellectual Property,” Symposium, Preparing for a Pharmaceutical Response to Pandemic Flu, Seton Hall Law School, October 2008
- “Patent Damages Reform and the Shape of Patent Law,” Works in Progress Intellectual Property Conference, Tulane Law School, September 2008
- “Intellectual Property as Social Relations,” PCSE Workshop, Property Transactions and Transitions in an Age of Globalization, Chapman University Law School, February 2008
- “Socially Rivalrous Information,” TPRC, 35th Research Conference on Communication, Information, and Internet Policy, George Mason Law School, September 2007
- “Virtue Ethics and Intellectual Property,” Symposium, The World and Christian Imagination, Baylor University, November 2006
- “Virtue Ethics and Open Source Biotechnology,” Symposium, Closing in on Open Science: Trends in Intellectual Property and Scientific Research, University of Maine Law School, September 2006
- “The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source,” Working Conference, Con/Texts of Invention, The Society for Critical Exchange, Case Western Reserve Law School, April 2006
- “Challenges for Open Source Biotechnology,” Symposium, The Evolution of Life-Saving Drugs: The Open Source Model and Beyond, Temple Journal of Science, Technology and Environmental Law, Temple Law School, February 2006
- “Protective Orders in Intellectual Property Cases,” The Sedona Conference, Seton Hall University Law School: Best Practices Concerning Protective Orders, September 2005
- “Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation,” Working Conference, Intellectual Property Scholars’ Conference, Cardozo Law School, August 2005
- “Copynorms and Filesharing Litigation,” Symposium, Peer-to-Peer Networking at the Crossroads, Seton Hall University Law School, April 2004
BAR/COURT ADMISSIONS
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