Jim Monagle’s practice focuses on data privacy and security issues including incident response, related litigation, compliance and best practices.
Mr. Monagle is a Certified Information Privacy Professional/U.S. (CIPP/US) who regularly assists his clients in preparing for and responding to data privacy and security incidents of all types, which may involve engaging forensics experts, complying with breach notification laws, interfacing with regulators, assisting with security enhancements and systems restoration and drafting and implementing data privacy and security-related policies and procedures. Mr. Monagle also counsels businesses and individuals regarding the applicability of legal obligations relating to data privacy and security, such as the recently enacted California Consumer Privacy Act (CCPA), and assists with analyzing, drafting and revising website privacy policies, terms of use and various related contracts.
An experienced litigator, Mr. Monagle defends clients against data privacy and security- and technology-related claims through all stages of litigation, including wire transfer fraud matters, technology-related errors and omissions (Tech E&O) and commercial litigation claims under the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA).
Throughout his career, Mr. Monagle has also represented clients in intellectual property and media liability matters, including copyright and trademark infringement, domain name disputes, Digital Millennium Copyright Act (DMCA), unfair competition, false advertising, right of publicity, trade secret misappropriation and defamation claims. He also handles domestic and international copyright and trademark registrations and related administrative procedures and counsels his clients on intellectual property protection through strategic planning, monitoring and enforcement.
While in law school, Jim was a Research Fellow for the J. Thomas McCarthy Institute for Intellectual Property and Editor of the Intellectual Property Law Bulletin.
PUBLICATIONS
- “Federal Court Grants Motions in Two Separate Cases in Favor of Federally Qualified Health Centers (FQHC) Facing Data Security Litigation,” June 22, 2022
- “New CCPA Regulations Address Consumer Opt-Out Rights and More,” March 23, 2021
- “Newly Amended CCPA Creates New Enforcement Agency and Increases Liability for Non-Compliant Businesses,” February 12, 2021