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Steven Blickensderfer

Steven Blickensderfer

Associate

Overview

Steven Blickensderfer handles a wide variety of civil litigation matters in federal and state court for clients across a number of industries. He is experienced in all phases of litigation, including case analysis and strategy, written and electronic discovery, depositions, expert witness preparation, motion practice, alternative dispute resolution, trials, and appeals.

Steven is particularly passionate about helping clients with data privacy and cybersecurity matters. As a certified information privacy professional (CIPP/US), accredited by the International Association of Privacy Professionals, he has the experience and qualifications to counsel clients in a number of areas relating to data privacy and cybersecurity, including:

  • Data incident/breach preparation and response;
  • Internal and external privacy policy review, drafting, and implementation;
  • Product counseling and regulatory advice concerning federal and state privacy laws (such as the FTC Act, GLBA, FCRA, HIPAA, COPPA, CAN-SPAM, TCPA, CCPA, BIPA, etc.), as well as industry standards (such as the PCI-DSS); and
  • Foreign data privacy law guidance and compliance, particularly regarding Europe's GDPR and Brazil's LGPD.

Steven also represents clients in the esports and electronic gaming space. He counsels content creators, streamers, competitive gamers, event facilitators, peripheral companies, and intellectual property holders on a wide variety of legal matters in this fast-paced and developing area, including employment and endorsement issues. One of his notable accomplishments involved helping a company protect IP rights related to its signature gaming event, which annually raises millions of dollars for charity. You can hear his thoughts on the latest issues facing the video game industry on his podcast, "LAN Party Lawyers."

Prior to joining the firm, he served as a law clerk to the Honorable Jay P. Cohen of Florida's Fifth District Court of Appeal.

Featured Insights

Experience

Select Data Privacy and Cybersecurity Matters

  • Advises established companies and technology start-ups on domestic and foreign data privacy laws implicated by product and marketing strategies, including expanded business to Europe and Latin America.
  • Drafts and reviews internal and external privacy policies and data processing agreements for companies seeking to comply with the GDPR, CCPA, LGPD, and related data protection regulations.
  • Counsels companies that have experienced data breaches or cybersecurity incidents, including phishing schemes, ransomware, and business e-mail compromises.
  • Helped LATAM-based hospitality company assess options in response to data breach incident involving U.S. residents.
  • Advised mortgage lending company on response and mitigation efforts following unauthorized access to an employee email account that resulted in theft of escrow funds.
  • Counseled commercial loan servicing company through breach incidents involving phishing attacks that resulted in the theft of sensitive financial records.
  • Represented insurance company on intermediate appeal by defending trial order that compelled the discovery of corporate financial records over privacy objections.
  • Developed questionnaire that helps companies better determine whether the GDPR applies to their business.
  • Developed checklist used for reviewing and analyzing external privacy policies to ensure compliance with latest developments in online privacy policy laws.

Select Litigation Matters

  • Southern Alliance for Clean Energy, et al. v. Fla. Power & Light Co., 16-CV-23017 (S.D. Fla.). Representing defendant in a Clean Water Act case involving a nuclear power facility.
  • James Tracy v. Florida Atlantic University, et al., 18-10173 (appeal pending, 11th Cir.) and 16-cv-8065 (S.D. Fla.). Representing a tenured professor allegedly fired in retaliation for blogging activity and challenging the constitutionality of the school’s conflict-of-interest policy as it applies to blogging.
  • Albert v. School Board of Manatee County, Fla., 17-CA-004113 (Fla. 12th Cir. Ct.). Represented defendant in a W-2 data disclosure class action.
  • MetroPCS Comm’ns v. Porter, No. 3D17-0375 (Fla. 3d DCA Dec. 26, 2018). Reversed order in putative class action denying the telecommunication provider’s motion to compel arbitration contained in the terms and conditions of service. The appellate court held that the consumer was on inquiry notice of the arbitration provision based on text messages he received while using the service.
  • Nieburg v. Sulzberger, et al., No. 3D16-1905 (Fla. 3d DCA Oct. 31, 2018). Affirmed dismissal of legal malpractice complaint brought by alleged third-party beneficiaries.
  • Holmes Regional v. Allstate, 225 So. 3d 780 (Fla. 2017). Represented medical care providers in medical malpractice litigation with respect to the application of the equitable subrogation doctrine, where an unsatisfied judgment had been entered against the initial tortfeasor. The Florida Supreme Court reversed the Fifth District and required dismissal of the subrogation claim against the medical care providers.
  • Brevard Estates v. Attorneys’ Title Ins. Fund, 14-26285-CA-20 (Fla. 11th Cir. Ct. 2016). Defense verdict obtained in $12 million action against title insurer for negligence and breach of fiduciary duty. Appeal pending.
  • Block 40, LLC v. CND Grp., LLC, 14-003876 CACE (05) (Fla. 17th Cir. Ct. 2016). Judgment obtained in a multi-million dollar commercial transaction concerning the issue of tender and attorney’s fees. Affirmed on appeal. 16-4001 (Fla. 4th DCA 2017).
  • MetroPCS Comm’ns, Inc. v. Porter, 225 So. 3d 843 (Fla. 3d DCA 2016). On remand, enforcing the court’s mandate to limit the scope of discovery in advance of hearing the telecommunication provider’s motion to compel arbitration.
  • Linde v. Linde, 199 So. 3d 1102 (Fla. 3d DCA 2016). Challenge to a decision in an emergency guardianship proceeding finding the ward not to be incapacitated.
  • SP Healthcare Holdings, LLC v. Surgery Ctr. Holdings, LLC, 208 So. 3d 775 (Fla. 2d DCA 2016). Affirmed multi-million dollar judgment stemming from the purchase and sale of health care centers, and on cross-appeal reversed the final judgment to include prejudgment interest and to allow appellees to offset their prevailing party attorney’s fees and costs against the earnout payment due under the parties’ contract.
  • McCabe v. Prudential Annuities Life Assurance Corp., 191 So. 3d 475 (Fla. 4th DCA 2016). Per curiam affirmance of summary judgment entered in favor of annuity provider on issues related to vicarious liability and statute of limitations.
  • Dixon v. Ford Motor Co., 150 So. 3d 1153 (Fla. 3d DCA 2014). Per curiam affirmance of defense verdict in asbestos case involving an evidentiary issue.

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Recognition

  • Selected for inclusion in Florida Super Lawyers Rising Stars (2018)

Professional & Community Involvement

  • International Association of Privacy Professionals (2016–present)
  • American Bar Association
    • Privacy & Data Security (2016–present)
      • Website Subcommittee Chair (2019-present)
    • Appellate Section (2013–present)
  • The Florida Bar
    • Business Law Section (2017-present)
    • Vice Chair, Technology and Computer Law Committee (2018-2019)
    • Member, Digital Currency Taskforce
    • Young Lawyers Division (2011–present)
    • Appellate Practice and Advocacy (2014–present)
  • Dade County Bar Association
    • Appellate Court Committee (2013–present)
  • Mortgage Bankers Association (2016–present)
  • InfraGard, South Florida Chapter (2016–present) 

Speaking Engagements

  • "Built It and They Will Come: the Explosion of the Esports Arena & the Gaming Facility," Ultimate Gamer Miami (March 9, 2019)
  • "Community Association Website Requirements: Navigating A Web of Confusion and Privacy Issues," Florida Bar RPPTL section webinar series (June 27, 2018)

Pro Bono

  • Helps non-profit organizations update and review their external and internal privacy policies.
  • Recipient of the firm’s 2017 pro bono award for work on the Miami and West Palm Beach team representing indigent clients seeking relief for civil rights violations under section 1983.
  • State v. Perez, 149 So. 3d 680 (Fla. 2014). Handled all aspects of representation of indigent client before the Florida Supreme Court on a certified question pertaining to a post-conviction legal standard. The court discharged jurisdiction, allowing the client's evidentiary hearing to go forward as desired. Read the brief. Watch the oral argument.

Credentials

Education
  • University of Florida Fredric G. Levin College of Law (J.D., cum laude, 2011)
  • University of South Florida (B.A., magna cum laude, 2006)
Bar Admissions
  • Florida
Clerkships
  • Hon. Jay P. Cohen, Florida Fifth District Court of Appeal

Background

  • Senior Law Clerk, The Honorable Jay P. Cohen, Fifth District Court of Appeal (2011-2013)
  • Certified Legal Intern, Virgil Hawkins Civil and Family Law Clinic, Full-Representation Division (2011)
  • Summer Clerk, U.S. Air Force Judge Advocate General’s Corps (2010)
  • Intern, The Honorable James S. Moody, Jr., U.S. District Court, Middle District of Florida

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.