Navigating New Technology

99 Park Avenue, Suite 1100

New York, New York 10016

Tel: 212.922.9499 Fax: 212.922.1799

People

people-phJoseph V. DeMarco is a partner at DeVore & DeMarco LLP where he specializes in counseling clients on complex issues involving information privacy and security, theft of intellectual property, computer intrusions, on-line fraud, and the lawful use of new technology. His years of experience in private practice and in government handling the most difficult cybercrime investigations handled by the United States Attorney’s Office have made him one of the nation’s leading experts on Internet crime and the law relating to emerging technologies.

From 1997 to 2007, Mr. DeMarco served an Assistant United States Attorney for the Southern District of New York, where he founded and headed the Computer Hacking and Intellectual Property (CHIPs) Program, a group of five prosecutors dedicated to investigating and prosecuting violations of federal cybercrime laws and intellectual property offenses. Under his leadership, CHIPs prosecutions grew from a trickle in 1997 to a top priority of the United States Attorney’s Office, encompassing all forms of criminal activity affecting e-commerce and critical infrastructures including computer hacking crimes; transmission of Internet worms and viruses; electronic theft of trade secrets; illegal use of “spyware”; web-based frauds; unlawful Internet gambling; and criminal copyright and trademark infringement offenses. As a recognized expert in the field, Mr. DeMarco was frequently asked to counsel prosecutors and law enforcement agents regarding novel investigative and surveillance techniques and methodologies, and regularly provided advice to the United States Attorney concerning the Office’s most sensitive computer-related investigations. In 2001, Mr. DeMarco also served as a visiting Trial Attorney at the Department of Justice Computer Crimes and Intellectual Property Section in Washington, D.C., where he focused on Internet privacy, gaming, and theft of intellectual property.

Since 2002, Mr. DeMarco has served as an Adjunct Professor at Columbia Law School, where he teaches the upper-class Internet and Computer Crimes seminar. He has spoken throughout the world on cybercrime, e-commerce, and IP enforcement. He has lectured on the subject of cybercrime at Harvard Law School, the Practicing Law Institute, the National Advocacy Center, and at the FBI Academy in Quantico, Virginia, and has served as an instructor on cybercrime to judges attending the New York State Judicial Institute.

Prior to joining the United States Attorney’s Office, Mr. DeMarco was a litigation associate at Cravath, Swaine & Moore in New York City, where he concentrated on intellectual property, antitrust, and securities law issues for various high-technology clients. Prior to that, Mr. DeMarco served as law clerk to the Honorable J. Daniel Mahoney, United States Circuit Judge for the Second Circuit Court of Appeals.

Mr. DeMarco holds a J.D. magna cum laude from New York University School of Law. At NYU he was a member of the NYU Law Review. He received his B.S.F.S. summa cum laude from the Edmund A. Walsh School of Foreign Service at Georgetown University.
Mr. DeMarco is active in numerous professional associations including the:

  • International Bar Association (Technology and Litigation Sections);
  • American Bar Association, Criminal Justice Committee (Co-Chair, Cybercrime Committee, 2010-2011);
  • New York State Bar Association, Commercial and Federal Litigation Section (Co-chair, Internet and IP Committee, 2009-present); and
  • New York City Bar Association (Member, Copyright Committee; Past Member, Information Technology Committee).

Mr. DeMarco is a Martindale-Hubbell AV-rated lawyer for Computers and Software, Litigation and Internet Law, and is also listed in Chambers USA: America’s Leading Lawyers for Business guide as a leading lawyer nationwide in Privacy and Data Security. He has also been named as a “SuperLawyer” for his expertise and work in the area of Intellectual Property Litigation. He has published numerous articles and appeared on major news programs in his practice areas; is a member of the Professional Editorial Board of the prestigious Computer Law and Security Review (Elsevier); and serves on the Board of Advisors of the Center for Law and Information Policy at Fordham University School of Law.

Mr. DeMarco has received numerous professional awards, including the U.S. Department of Justice Director’s Award for Superior Performance, as well as the Lawyer of Integrity Award from the Institute for Jewish Humanities. In his spare time he enjoys parenting, golf, and listening to classical piano.

Experience

  • Assistant U.S. Attorney, US Attorney’s Office Southern District of New York (1997-2007)
  • Litigation Associate, Cravath, Swaine & Moore (1993-1997)

Honors and Awards

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  • Selected as one of the top Intellectual Property Litigators in the New York area in Super Lawyers 2011 , Metro Edition.
  • United States Department of Justice, Directors Award for Superior Performance (1999)

Scholarship

  • Adjunct Professor of Law, Columbia University School of Law, teaching upper-class seminar Internet and Computer Crime

Speaking Engagements

  • Brooklyn Law School-ACLU Panel, iPhone or iSnitch? What is Your Cell Phone Saying About You? Brooklyn, New York, April 2010
  • Burapha University, Guest Lecture, Cyberlaw in Criminal Cases, Chonburi, Thailand, January 2010
  • New York City Bar Association, Public Affairs Luncheon, Identity Theft, Information Security, and Terrorism-the Hidden War on America, October 2009
  • New York State Bar Association, Commercial and Federal Litigation Section Spring Meeting, Fighting Pirates-A Case Study in the Legal Battle Against Global Copyright Infringers, Cooperstown, New York, May 2009
  • GovSec 2009 Conference, Demystifying E-Discovery-A Practical Guide, Washington, D.C., March 2009
  • New York State Judicial Institute 2009 Judicial Winter Seminar, training seminars in Cyberlaw for New York State Judges, White Plains, New York, January 2009
  • Investigative Management Group Speakers Series, Information Privacy and Security: Existing Threats, Emerging Regulations, New York, New York, July 2008
  • New York State Judicial Institute 2008 Judicial Summer Seminar, training seminars in Cyberlaw for New York State Judges, Rye Brook, New York, June 2008
  • Surefire Anti-Terrorism Forum, Identity Theft, Information Security and Terrorism: The Hidden War on America, New York, New York, April 2008
  • New York State Bar Association, Intellectual Property Law Section Annual Meeting, Crimes and Misdemeanors in IP Cases, New York, New York, January 2008
  • ALI-ABA, E-Discovery and Criminalization of Evidence Spoliation, New York, New York, January 2008
  • Fordham Law School, Information Law and Policy Roundtable, Online Gambling of US Intellectual Property Rights: Will Antigua's Gamblers Beat US Copyright Protection at the WTO Tables?, New York, New York, September 2007
  • IQPC, Second Annual Anti-Counterfeiting & Brand Protection Conference, Combating the Escalating Danger of Global Counterfeiting, New York, New York, September 2007
  • New York State Bar Association, Commercial and White-Collar Section Spring Meeting, Privacy, Technology, and the Law, Lenox, Massachusetts, May 2007
  • LegalTech, Overcoming IT Hazards, New York, New York, January 2006
  • Federal Bureau of Investigation, Attorney-Instructor, FBI Moot Court for Computer Forensic Examiners, Portland, ME, September 2005
  • U.S. Embassy Italy, Brand Protection and Piracy IPR Judicial Workshop, Montecatini, Italy, April 2004
  • New York County Lawyers' Association, Data Security and Privacy Law-Regulatory Compliance and Remedies, New York, New York, February 2003
  • Department of Justice, National Advocacy Center, On-Line Undercover Investigations and the Privacy Act, Columbia, South Carolina, February 2003
  • New York County Lawyers' Association, Nuts and Bolts of Copyright Litigation-Criminal and Civil, New York, New York, April 2003
  • U.S. Department of State, Cybercrime and E-Commerce Summit, Alexandria, Egypt, September 2003
  • High Technology Crime Investigators Association, International Conference and Exposition, Atlantic City, New Jersey, October 2002
  • Practicing Law Institute (PLI), Second Annual Institute on Privacy Law-Strategies for Legal Compliance in a High-Tech and Changing Regulatory Environment, New York, New York, June 2001
  • Federal Bar Council, Litigation In An Electronic World: Jurisdiction, Discovery, and Computer Forensics, New York, New York, April 2000

Education

  • New York University School of Law, J.D., magna cum laude,
  • New York University Law Review, Articles Editor, Order of the Coif
  • Georgetown University, B.S.F.S., summa cum laude, Phi Beta Kappa

Clerkship

  • Honorable J. Daniel Mahoney, United States Court of Appeals for the Second Circuit (1992-1993)

ADMISSIONS

  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • New York State

MEMBERSHIPS

  • Co-Chair-Cybercrime Committee of the Criminal Justice Section, American Bar Association
  • Co-Chair-Internet and IP law Committee of the Commercial and Federal Litigation Section, New York State Bar Association
  • Chair-Cybercrime Sub-committee of the White Collar Crime Committee, Commercial and Federal Litigation Section, New York State Bar Association
  • House of Delegates, New York State Bar Association
  • Federal Bar Council
  • Association of the Bar of the City of New York: Committee on Information Technology (2006-present)
  • International Association of Privacy Professionals (IAPP)
  • Information Systems Security Association (ISSA)
  • U.S. Secret Service Electronic Crimes Task Force
  • FBI InfraGard
  • Guild of Catholic Lawyers of the Archdiocese of New York