Andrew B. Serwin is a partner in the Global Privacy and Data Security Practice Group at Morrison & Foerster’s San Diego and Washington, D.C. offices. Mr. Serwin is internationally recognized as one of the leading consumer protection and privacy lawyers, as well as a thought leader regarding information, and its role in society and the economy. Mr. Serwin also serves as the CEO and Executive Director of the Lares Institute, a think tank focused on information management issues, and is also a member of the advisory team of the Naval Postgraduate School’s Center for Asymmetric Warfare.
Mr. Serwin advises a number of Fortune 500 and emerging companies regarding global privacy compliance and technology transactions, with particular emphasis on incident response and data breaches; international compliance; health care; mobile communications; behavioral advertising; information sharing concerns; cybersecurity; Electronic Communications Privacy Act (ECPA) and wiretap issues; electronic marketing concerns; information security; social media; and compliance with state and federal laws impacting the collection and use of information. Mr. Serwin also has unique experience in representing emerging companies because he founded an online political magazine and serves on the advisory boards of a number of emerging companies.
Mr. Serwin also has extensive litigation and enforcement experience, having served as lead counsel in numerous high-profile Federal Trade Commission (FTC) matters, matters before the Office of Civil Rights, class actions and enforcement matters brought by state attorneys general.
Security magazine named Mr. Serwin to its list of the “25 Most Influential Industry Thought Leaders” for 2009 – he is the only law firm lawyer ever to receive this award, and was ranked second in the 2010 Computerworld survey of top global privacy advisors.
He is recognized by Chambers USA as one of the top privacy and data security attorneys nationwide (2009–2013). Chambers USA 2013 notes that Mr. Serwin “attracts praise for his consultative and strategic approach to complex matters.” He was described by clients as “a tireless worker, holding onto the ever-shifting puzzle pieces of the law in this area in a way that other privacy lawyers cannot,” and noted as “an excellent privacy lawyer, a real expert in the field,” by Chambers Global 2012. TheLegal 500 recognized Mr. Serwin as a Leading Lawyer in data protection and privacy (2010–2012); clients stated that he “understands business concerns and provides practical, to-the-point advice.” He is recognized by Martindale Hubbell as an AV® Preeminent™ ranked attorney, the highest performance rating available to any individual lawyer. He was selected for inclusion in the San DiegoSuper Lawyers® lists (2007–2013), including being ranked in the Top 50 lawyers of 2012. Mr. Serwin was selected by his peers for inclusion in The Best Lawyers in America® in the field of information technology law (2010–2014). He is also recognized as a leading lawyer by the San Diego Daily Transcript (2013), and he received the 2012 Securing Our E-City Business Focus Awareness Award.
Mr. Serwin has written a number of books, articles, and studies on information, including the leading treatise on privacy, “Information Security and Privacy: A Guide to Federal and State Law and Compliance,” and “Information Security and Privacy: A Guide to International Law and Compliance” (West 2005–2013), which compose a 4,300-page, three-volume treatise, that examines all aspects of privacy and security laws, published by Thomson-West. The treatise has been called “the best privacy sourcebook,” “an indispensable resource for privacy professionals at all levels,” and “a book that everybody in the information privacy field should have on their desk.” It was cited by Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010), and the international title was named one of Thomson-Reuters’s Best Selling Books for 2010.
Mr. Serwin is a co-author of “Health Care Privacy and Security” (West 2013), “West’s Corporate Counsel’s Primer on International Privacy and Security,” and “Internet Marketing and Consumer Protection” (West 2005–2012). He was the lead author of Privacy, Security and Information Management: An Overview, published by the American Bar Association Business Law Section. He is also the author of several leading law review articles: “Privacy 3.0—The Principle of Proportionality,” 42 U. Mich. J.L. Reform 869 (2009); “Poised on the Precipice: A Critical Examination of Privacy Litigation,” 25 Santa Clara Computer & High Tech. L.J. 883 (2009), cited by Hammond v. The Bank of New York Mellon Corp., 2010 WL 2643307 (S.D.N.Y., June 25, 2010), and Joseph Oat Holdings, Inc. v. RCM Digesters, Inc., 2010 WL 5065037 (3d Cir. Dec. 13, 2010); and “The Federal Trade Commission and Privacy: Defining Enforcement and Encouraging the Adoption of Best Practices,” 48 San Diego L. Rev. 809 (2011).
Mr. Serwin serves as general counsel of the RIM Council of the Ponemon Institute, LLC; a member of the International Advisory Council of APCO Worldwide (a group of more than 60 recognized global leaders and policy experts); the University of San Diego School of Law Alumni Board; the Law Practice Management and Technology Section of the State Bar of California; and the Data Privacy Day Advisory Committee. He previously served as co-chair of the Survey Committee of the American National Standards Institute’s report on PHI, as well as the privacy and the legal subcommittees of the Public Service Accounting Board (PSAB) of the California Health and Human Services Agency. He also previously served as co-chair of the California State Bar’s Cyberspace Law Committee, as a member of the Committee of Administration of Justice, and as a member of the San Diego County Bar Association’s delegation to the Conference of Delegates to the State Bar of California. Mr. Serwin served as a member of the Publications Board for the Business Law Section of the American Bar Association, as well as on the San Diego Venture Group’s PitchFest Board. He is a member of the editorial board of the Cyberspace Lawyer.
Mr. Serwin received his J.D. cum laude from the University of San Diego School of Law in 1995, where he was a member of the Order of the Coif. He earned his B.A. in political science cum laude from the University of California, San Diego in 1992, where he was a member of the Provost's List (1988–1992). He is admitted to practice law in California, New York, and the District of Columbia.