Andrew B. Serwin is a partner in the Global Privacy and Data Security Practice Group at Morrison & Foerster LLP's San Diego and Washington, D.C. offices. Mr. Serwin has handled a number of high-profile privacy and consumer protection matters, including multiple privacy enforcement matters before the Federal Trade Commission, and is internationally recognized as one of the leading consumer protection and privacy lawyers.
Mr. Serwin advises a number of Fortune 500 and emerging companies regarding global privacy compliance and technology transactions, with particular emphasis on: international compliance; health care; mobile; behavioral advertising; ECPA and wiretap issues; electronic marketing concerns; security incidents; social media; and compliance with FTC requirements. He has provided advice to companies in a diverse set of industries, including: financial services; health; retail; data brokers; online businesses; hospitality; utilities; and insurance. Mr. Serwin also has unique experience in representing emerging companies because he founded an online political magazine, and serves on the advisory boards of emerging companies.
Mr. Serwin also has extensive litigation and enforcement experience, having served as lead counsel in a number of FTC matters, matters before the Office of Civil Rights, and consumer protection and privacy litigation matters based upon the alleged misuse of personal information, including 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 also received the 2012 Securing Our E-City Business Focus Awareness Award.
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. The Legal 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 Diego Super 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).
Mr. Serwin serves as executive director of the Lares Institute, a think tank focused on information management issues. He is also a member of the advisory team of the Naval Postgraduate School's Center for Asymmetric Warfare; 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 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 served 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.
Mr. Serwin has written a number of books, 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.
He is also a co-author of "Health Care Privacy and Security" (West 2013), "West's Corporate Counsel's Primer on International Privacy and Security," "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 also is 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, (3rd Cir. December 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). He has written more than 190 articles and presented more than 200 times on litigation and privacy topics.
His works have been cited by numerous law reviews and treatises, including: American Law Reports (ALR); American Jurisprudence 3rd Edition; California Law Review; Callmann on Unfair Competition; Harvard Journal of Law & Technology; Iowa Law Review; Southern California Interdisciplinary Law Journal; Stanford Law Review; and Wright & Miller, Federal Practice and Procedure—Criminal.
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.