Erich M. Falke

Partner

Philadelphia
T +1.215.564.6529
F +1.215.568.3439

Overview

A member of the firm’s Chambers USA-ranked Privacy and Data Protection team, Erich Falke focuses his practice on counseling clients on cybersecurity and data privacy issues, including helping clients comply with federal and state laws after experiencing data incidents. Erich draws on his substantial experience as an intellectual property litigator and his electrical engineering education to ensure that clients get sound and practical solutions that minimize regulatory and litigation risk in the rapidly changing area of privacy and data protection. Prior to practicing in the data privacy area, Erich spent more than a decade litigating technology cases, including patent infringement, trademark and trade dress infringement, trade secret misappropriation, and Computer Fraud and Abuse Act claims.

Erich is designated as a Certified Information Privacy Professional/US with the International Association of Privacy Professionals and has been listed as one of The Best Lawyers in America® since 2013. 

Select Experience

  • Counsels clients on all aspects of data security incident evaluations and responses, including investigating security systems to determine cause(s) of breach, identifying types of affected data, and analyzing applicable international, federal and state laws that govern notice obligations.
  • Served as a member of the Woodcock Washburn trial team that defended Microsoft in AT&T v. Microsoft, in which Microsoft prevailed in the U.S. Supreme Court.
  • Served as lead trial counsel representing a clinical stage drug development company and secured an award of more than $4 million.
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Experience

  • Counsels clients on all aspects of data security incident evaluations and responses, including investigating security systems to determine cause(s) of breach, identifying types of affected data, and analyzing applicable international, federal and state laws that govern notice obligations.
  • Served as a member of the Woodcock Washburn trial team that defended Microsoft in AT&T v. Microsoft, in which Microsoft prevailed in the U.S. Supreme Court.
  • Served as lead trial counsel representing a clinical stage drug development company and secured an award of more than $4 million.
  • Served as lead counsel representing a medical device company in a patent infringement suit involving spine pedicle screws.
  • Served as lead counsel representing a semiconductor company in a patent infringement suit involving compliant interconnect assemblies.
  • Represents a large international specialty chemicals and materials company in a patent infringement suit involving flash chromatography devices.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America© (2013 to 2017)
    • Philadelphia: Litigation - Intellectual Property
  • Pennsylvania Super Lawyers "Rising Star" (2007 to 2008, 2013 to 2015)

Memberships

  • Pennsylvania Bar Association
  • Philadelphia Intellectual Property Law Association
  • International Association of Privacy Professionals (IAPP)
    • Certified Information Privacy Professional – United States (CIPP/US)

Publications

Alerts

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Patent and Trademark Office, Registration No. 49,049
  • Pennsylvania

Education

  • J.D., University of Dayton School of Law, 2000
  • B.S., Electrical Engineering, Lehigh University, 1997

Blog

In The Blogs

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Data Privacy Monitor
No More Tears: A Few Recommended Steps in Response to WannaCry Ransomware
By Erich M. Falke
May 13, 2017
On May 12, 2017, thousands of companies across the globe saw the first signs of a prolific malware outbreak. The malware, a ransomware variant labeled WannaCry, is capable of encrypting files on a device and moving laterally to encrypt...
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Data Privacy Monitor
Deeper Dive: Frequency and Severity
By Erich M. Falke
April 18, 2017
All industries are affected by cyberattacks, but how often and to what extent they occur vary greatly by industry type. Industry Type As for frequency, the healthcare industry in 2016, for the third year in a row, saw the greatest number...
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Data Privacy Monitor
Crowdsourcing Cybersecurity in 2017
By Erich M. Falke
April 11, 2017
BakerHostetler began publishing its Data Security Incident Response Report in 2015. Although we were the first law firm to do so, inspiration for the report came from similar reports that cybersecurity firms issue. We will be publishing...
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Data Privacy Monitor
New Mexico passes data breach notification and protection bill
By Erich M. Falke
March 20, 2017
Then there were two. On March 16, 2017, the New Mexico state legislature passed a bill requiring that New Mexico residents be notified if their “personal identifying information” was affected by a breach of electronic data. Upon signature...
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Data Privacy Monitor
Federal agencies given new breach response and preparation guidelines
By Erich M. Falke
January 17, 2017
The White House has made a step toward implementing in federal agencies some breach response best practices currently used in the private sector. On Jan. 3, the White House issued a memorandum (Memo) updating for the first time in almost a...
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