Technology & Cybersecurity
Technology is pervasive, presenting businesses and individuals with a combination of risk and opportunity. Matthew is adept at defending clients against technological threats while using innovations to their advantage.
Matthew’s clients rely on him to protect their fundamental rights and extend traditional legal concepts to situations where the law trails progress. He strategically builds and defends cases through digital forensics and other non-traditional forms of evidence, including where the use of such evidence breaks new legal ground in the courts and other forums in which he appears.
Matthew has significant experience and is a recognized leader in emerging issues involving the intersection of the law and technology, in both civil and criminal contexts, including:
- Digital privacy
- Social networking
Data breaches and network intrusions are growing in frequency, posing serious business risks to companies in all industries. Matthew brings his technological knowledge and investigative experience to bear in helping clients determine the cause of hacking incidents, track down the perpetrators and respond appropriately in compliance with local, state, federal and international breach response regulations. A steady hand in high-pressure situations, Matthew helps clients respond strategically and effectively when the stakes are high.
In the aftermath of a breach, Matthew helps clients interface with privacy regulators such as the Federal Trade Commission (FTC), Financial Industry Regulatory Authority (FINRA) and the New York Department of Financial Services (NYDFS), in order to avoid or minimize fines and penalties.
Because of his familiarity with technology and depth of experience in white-collar defense matters, Matthew is also a highly effective advocate for clients accused of hacking, data theft and/or other cybercrimes. He is a frequent presenter and sought-after authority on a wide range of issues involving the legal implications of technology and the proper use of digital evidence. He instructs law students, attorneys and corporate leaders on matters at the intersection of the law and technology.
Digital Privacy & E-Discovery
In January, Matthew presented arguments to the Jersey Supreme Court in State of New Jersey v. Andrews, a pre-trial appeal on the cutting-edge issue of whether authorities can compel a criminal defendant to disclose the password to a mobile device so they can search its contents. Matthew led a team of Fox attorneys who filed an amicus brief in the case on behalf of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), the local chapter of the National Association of Criminal Defense Lawyers (NACDL).
Matthew has published and appeared in articles and commentaries for media outlets including ESPN, CBS, Above the Law, Law360 and The New Jersey Law Journal on technologically oriented legal topics. Reporters frequently turn to Matthew for legal analysis when a breaking news story involves the legal implications of digital technologies, such as the investigation of the San Bernardino terrorist attacks and digital forensics issues that arose over the FBI’s efforts to access one attacker’s mobile phone.
Demonstrating his thought leadership in the areas of e-discovery and digital forensics, Matthew wrote a prescient piece that appeared in Above the Law in 2015 titled “The Great Cell Phone Tower Data Debate Bound to Hit SCOTUS’ Docket Soon – Are We Living in George Orwell’s 1984?” The article accurately predicted the evolution of the law in the area of cell phone tower location data when, on June 22, 2018, the U.S. Supreme Court decided Carpenter V. United States. In Carpenter, the Supreme Court determined that law enforcement needs a warrant to access cell phone tower location data under most circumstances.
When technology issues threaten fundamental rights, Matthew has advocated updating the law to keep pace with the evolving digital landscape, even in cases in which he does not represent a party to the proceedings. Trial and appellate courts at all levels have permitted Matthew to appear as amicus curiae, or “friend of the court,” on groundbreaking legal issues such as police departments’ collection of digital evidence in the aftermath of alleged computer hacking, and the constitutional implications of government efforts to force individuals to disclose mobile device passwords. His work in this area is reflected in his scholarly writing, including a Dec. 12, 2018 piece in the New Jersey Law Journal titled “NJ Needs Protections Against Compelled Disclosure of Mobile Device Passwords.”
Each spring semester, Matthew returns to his alma mater, Seton Hall University School of Law, to participate in the school’s e-discovery course. A practice-based elective offered to second and third year law students, the course is aimed at educating soon-to-be members of the bar on the intricacies of the preservation, collection, and use of electronic evidence against the backdrop of the school’s core substantive curriculum.
He has also served as co-chair of the New Jersey State Bar Association Privacy Law Section. He has co-chaired the Privacy Law Section’s task force on proposed legislation in the New Jersey legislature banning warrantless seizures of cell phone data and creating other protections to individual rights made necessary by the way that technology has reshaped the way that people live and work.