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Steven Blickensderfer

Steven Blickensderfer

Associate

Overview

Steven Blickensderfer advises clients on 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;
  • Data processing agreement 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 the GDPR and Brazil's LGPD.

Steven is an active member of the data privacy and cybersecurity committees of the Florida Bar and American Bar Association. He publishes and speaks on topics related to data privacy and cybersecurity.

In addition to his data privacy practice, Steven co-chairs the firm's Esports and Electronic Gaming Practice. He counsels game developers, investment companies, content creators, event facilitators, industry organizations, and intellectual property holders on a wide variety of legal matters in this fast-paced and developing area. You can hear his thoughts on the latest issues facing the video game industry on his podcast, "LAN Party Lawyers."

Steve also 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.

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/Cybersecurity Matters:

  • Consults businesses on the development of global privacy compliance programs that take into account existing and proposed privacy legislation.
  • 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 email 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.
  • TracFone Wireless, Inc. v. Nektova Group, LLC, No. 19-20135-civ (S.D. Fla. Sept. 10, 2019). Awarded client more than $10 million in monetary sanctions against the defendant for cell phone trafficking.
  • Salcedo v. Hanna, No. 17-14077 (11th Cir. Aug. 28, 2019). Represented entity sued under the TCPA in a putative class action for sending a single unwanted text message. The Eleventh Circuit held that the plaintiff failed to allege a concrete injury sufficient to confer Article III standing.
  • 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.
  • Albert v. School Board of Manatee County, Fla., 17-CA-004113 (Fla. 12th Cir. Ct. Nov. 19, 2018). Represented defendant in a W-2 data disclosure class action.
  • Nieburg v. Sulzberger, 260 So. 3d 363 (Fla. 3d DCA 2018). Affirmed dismissal of legal malpractice complaint brought by alleged third-party beneficiaries.
  • Holmes Reg'l Med. Ctr., Inc. v. Allstate Ins. Co., 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 Corp. v. Attorneys' Title Ins. Fund, No. 14-26285-CA-20 (Fla. 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, No. 14-003876 (Fla. Cir. Ct. 2016), aff'd, 233 So. 3d 1117 (Fla. 4th DCA 2017). Judgment obtained in a multimillion-dollar commercial transaction concerning the issue of tender and attorneys' fees. Affirmed on appeal.
  • MetroPCS Commc'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 telecommunications 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 multimillion-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 attorneys' 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.

Featured Insights

All Insights


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Recognition

  • Finalist, Greater Miami Chamber of Commerce HYPE "Go Getter" Award (2019)
  • Selected for inclusion in Florida Super Lawyers Rising Stars (2018-2019)

Professional & Community Involvement

  • Esports Bar Association
    • Events Committee (2019-present)
  • International Association of Privacy Professionals 
    • CIPP/US (2016-present)
    • South Florida KnowledgeNet Chapter
  • American Bar Association
    • Section of Litigation
      • Privacy and Data Security Committee (2016–present)
        • Chair, Website Subcommittee (2019–present)
      • Appellate Practice Committee (2013–present)
  • The Florida Bar
    • Business Law Section (2017–present)
      • Chair, Computer and Technology Law Committee (2019-2020)
      • Blockchain and Cryptocurrency Task Force
      • Legislation Committee (2018-2019)
    • Appellate Practice Section (2014–present)
  • Dade County Bar Association
    • Appellate Court Committee (2013–present)
  • InfraGard, South Florida Chapter (2016–present)

Speaking Engagements

  • "Ninja Joins Mixer, FaZe Fights Back, Overwatch Team Worth Zero," The Business of Esports Podcast, Episode 37 (August 8, 2019) (listen here).
  • "Game Mode: Loot Boxes and the Law," NPR Podcast 1A (July 16, 2019) (listen here).
  • "Guardian Con 2019 Law Panel" on Streamer and Esports Contracts, IP Issues, and FTC Endorsement Guidelines, Orlando, FL (July 5, 2019) (watch here).
  • "Build 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 nonprofit 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 to the Honorable Jay P. Cohen, Florida Fifth District Court of Appeal (2011-2013)
  • Certified Legal Intern, Virgil Hawkins Civil/Family Law Clinic, Full-Representation Division (2011)
  • Summer Clerk, U.S. Air Force Judge Advocate General’s Corps (2010)
  • Intern to the Honorable James S. Moody Jr., U.S. District Court, Middle District of Florida (2009)

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.