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Team Member Spotlight: Matthew J. Gardner

June 2015
Privacy In Focus

Matthew J. Gardner, former Assistant U.S. Attorney for the Eastern District of Virginia, has joined Wiley Rein's Cybersecurity and White Collar Defense & Government Investigations practices as of counsel. Mr. Gardner, who worked in the Cybercrime Unit as a federal prosecutor in the Eastern District of Virginia and the Southern District of California, has tried over 20 federal felony jury trials and served as lead prosecutor on dozens of investigations involving computer crimes and cybersecurity issues. He also has extensive experience in the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), and the Wiretap Act.

Mr. Gardner will assist firm clients with matters pertaining to cybersecurity and digital privacy, including regulatory compliance, evaluating the legality of a data privacy practice, and responding to government enforcement actions. In particular, he will assist clients in the process of drafting or updating data breach response plans, implementing appropriate cybersecurity practices—such as adopting the National Institute of Standards and Technology (NIST) Cybersecurity Framework—and managing data breach responses and investigations. As a former federal prosecutor, he is well positioned to help clients determine when and how to engage with the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) on cybersecurity matters, such as sharing information about cyber threats and identifying hackers after a breach has occurred. His substantial experience litigating issues related to Internet technologies enables him to successfully assist clients in a wide range of data privacy litigation, including enforcement actions by the Federal Communications Commission (FCC) and Federal Trade Commission (FTC).

In addition to his extensive government service, Mr. Gardner has prior private practice experience in litigation and internal investigations. His experience includes representing several directors and officers of Silicon Valley tech companies in connection with SEC investigations, as well as representing Apple Inc.’s Special Litigation Committee in connection with an internal investigation related to back-dated stock options. Prior to law school, Mr. Gardner worked at Trusted Information Systems (TIS), which was one of the first companies to develop and sell firewalls. At TIS, Mr. Gardner provided customers with technical support for firewalls and helped administer the company’s website.