Retired Partner
Andrew C. DeVore

PROFESSIONAL EXPERIENCE
Andrew DeVore retired from DeVore & DeMarco LLP in 2010 to become Vice President, Legal and Regulatory in the legal department at Amazon.com, Inc.

Mr. DeVore focused intensively on effectively managing the risks associated with e-commerce in private practice, and formed DeVore & DeMarco LLP in order to build a boutique law firm concentrating specifically on new technology investigations, counseling, and litigation. At DeVore & DeMarco he assisted clients ranging from Fortune 100 companies to start ups on a wide range of issues at the leading edge of law and new technology.  Those issues included intellectual property counseling and litigation; information security and privacy; responding to hacking, digital piracy, theft of trade secrets, and other on-line malfeasance through proactive Internet investigations, litigation, and law-enforcement referrals; and the legal and policy issues surrounding behavioral targeting, social networking, and other "Web 2.0" business initiatives.

Mr. DeVore previously served as an Assistant U.S. Attorney in the U.S. Attorney's Office for the Southern District of New York, where in 2001 he co-founded the Computer Hacking and Intellectual Property ("CHIPs") Unit. In that capacity he conducted and oversaw the investigation and prosecution of sophisticated Internet and computer crimes such as computer hacking and sabotage, theft of trade secrets, copyright and trademark infringement, and various forms of on-line fraud.

He developed deep expertise in both the wide range of criminal activity involving computers and the Internet and the US laws that govern the investigation and prosecution of such crimes. He also supervised and worked closely with agents of the FBI, Secret Service, Postal Inspection Service, and other federal and state agencies to investigate and prosecute such crimes, and provided crisis response, legal, and investigative expertise in support of the work of the New York Secret Service Electronic Crimes Task Force in response to the 9/11 terrorist attacks.

Mr. DeVore served an Adjunct Professor at Columbia Law School from 2003 through 2009, where he taught the Internet and Computer Crimes seminar. He has spoken regularly on emerging issues in e-commerce and Internet law and regulation, and has provided expert commentary in national and international media including CBS News, Fox News, the New York Times, the Wall Street Journal, and the BBC.

Before founding DeVore & DeMarco Mr. DeVore was a Partner at Manatt, Phelps & Phillips, LLP, which he joined when his prior firm, intellectual property litigation boutique Parcher, Hayes & Snyder, LLP, merged to become the litigation department of Manatt's New York office. Prior to joining the United States Attorney's Office Mr. DeVore was an Associate at Debevoise & Plimpton, where he divided his time between the intellectual property and white-collar crime groups. Mr. DeVore served as a Law Clerk to the Honorable Thomas C. Platt, U.S. District Court, Eastern District of New York.

Prior to attending law school, Mr. DeVore was a Legislative Assistant to United States Senator Brock Adams, responsible for energy and defense issues. He is actively involved in the affairs of his community, speaks conversational Spanish, and is an avid skier and decent guitar player.

• The Authors Guild et al. v. Google Inc. Represented group of authors in obtaining an extension of time in order to allow authors and others sufficient time to examine the proposed Google Books settlement of the Google Book Search copyright litigation and in raising significant objections to the proposed settlement and amended settlement.

• Counseled major television network on all aspects of new technology legal issues, including information privacy and security, breach analysis and response, interactive and other on-line communications activities and related policies and issue analysis, and on-line investigations and threat response. Handled various litigation and litigation threats.

• Photograph Copyright Litigation. Secured favorable settlement for major television network in copyright litigation alleging that network lacked sufficient authorization for the use of photographs in broadcasts and on-line media.

• Counseled major music label on all aspects of new technology legal issues, including content protection and analysis of web-based content distribution platforms, analysis of copyright issues in digital media, with investigation and response to sophisticated international hacking scheme, information privacy and security, breach analysis and response, on-line fraud investigation and response. Handled intellectual property and entertainment litigation.

• Advised major publisher on FTC Red Flags Rule compliance.

• Assisted major financial services in connection with theft of high-value trade secrets, including conducting substantial investigation of electronic evidence, referral to law enforcement, and support of and assistance to law-enforcement investigation and prosecution.

• Tony Iommi Trademark Litigation. Secured confidential settlement of trademark litigation against Signatures Network regarding the Black Sabbath trademark in the Southern District of New York. Represented Tony Iommi against claims by Ozzy Osbourne to have an ownership interest in the Black Sabbath trademark in the Southern District of New York.

• Advised international bank on information security and privacy issues, including international data transfer, secure backup storage, and disaster recovery.

• Bear Stearns CDO Investigations and Litigation. Represented individuals in connection with criminal investigation, prosecution, and related regulatory proceedings and litigation relating to the creation and sale of collateralized debt obligations by individuals at Bear Stearns Asset Management.

• Represented major financial institution in investigation relating to disparaging web postings and related analysis and strategy.

• Represented family in connection with investigation of destructive content posted at numerous websites and successful related proceedings to remove that content.

• Represented major television network in investigation of check fraud scheme conducted by network employee and successful referral to law enforcement.

• Rolling Stones Copyright Litigation. Won dismissal with prejudice of federal case alleging that members of the Rolling Stones and other parties engaged in copyright and trademark infringement relating to a book about the Rolling Stones, breach of contract, interference with business relations, and other claims. Secured affirmance of order of dismissal by the United States Court of Appeal for the Third Circuit after plaintiffs appealed.

• Conducted full-scale consumer information privacy and security assessment for major magazine publisher and electronic media company.

• Counseled major telecommunications provider on the legal, policy, and consumer privacy implications of software tools designed to review and analyze system-wide Internet communications for purposes of customer and network protection.

• Represents non-profit corporation to ensure across-the-board protection of its intellectual property assets, including prosecuting actions to take down infringing websites, conducting consumer information privacy and security assessment and developing and implementing related policies, and securing trademark and copyright registrations.

• In Re Sony BMG Copy Protection Litigation. Represented software development company in federal and state consumer class actions and Attorneys General investigations relating to copy protection software, electronic security, and consumer notice and consent.

• Slim CD, Inc. v. Heartland Payment Systems, Inc. Represented developer of secure Internet gateway for processing credit card transaction data in litigation regarding allegations of spyware.

• CBS Radio, Inc. v. Howard Stern, et al. Defended Howard Stern in case alleging breach of contract and violations of payola laws in connection with Howard Stern's move to Sirius Satellite Radio. Reached confidential settlement before trial.

• State of New York v. Intermix Media, Inc. Defended Intermix Media in investigation and civil action filed by New York Attorney General Eliot Spitzer alleging that Intermix engaged in the distribution of "spyware" applications without adequate consumer notice and consent. Reached settlement before trial.

• David Reuben et al. v. Time, Inc. et. al. Defended Time, Inc. and Fortune magazine in a libel action filed in London alleging that an article describing the plaintiffs' business activities in the Russian aluminum market in the early 1990s defamed the plaintiffs by associating them with criminal activity. Directed an international investigation to substantiate truth of the article, prepared the case for trial, and ultimately secured a favorable settlement after commencing formal discovery in the U.S. in furtherance of trial preparation.

• Cloud Computing: Privacy Storm on the Horizon, Andrew C. DeVore, Albany Law Journal of Science & Technology, Vol. 20, No. 2, 2010.

• Prosecution and Defense of Stock Option Backdating Cases, Andrew C. DeVore and Steven F. Reich, ALM Business Crimes Bulletin, Vol. 15, No. 2, October 2007.