Howard R. Feldman

Howard R. Feldman

PARTNER
hfeldman@wtplaw.com
BALTIMORE
T: 410.347.8793
F: 410.223.4393



Mr. Feldman is an experienced commercial litigator with a strong interest and experience in technology issues. He co-chairs the firm's Electronically Stored Information practice and the Cyber Security and Information Privacy group.

Certifications

  • Certified Public Accountant
  • Certified Information Privacy Professional/US (CIPP/US)
 

Recognitions

  • Listed in Maryland Super Lawyers: 2012 - present
  • Listed in Best Lawyers in America: 2010 - present: Electronic Discovery and Information Management Law; Information Technology Law
  • Named Best Lawyers' 2013 Baltimore Information Technology Law "Lawyer of the Year"
  • AV Peer Review Rated: Martindale-Hubbell
  • Recipient:  Distinguished Service Award, Maryland State Bar Association, Young Lawyers Section, 1993
 

Memberships & Activities

Professional

  • Co-chair: ESI Subcommittee, Bench-Bar Liaison Committee of the United States District Court for the District of Maryland
  • Sedona Conference, Member of Working Group on Electronic Document Retention and Production (WG1)
  • Law Clerk to the Honorable William H. Adkins, II, Court of Appeals of Maryland (1988 - 1989)
  • Member: Maryland Association of Certified Public Accountants
  • Member: Maryland State Bar Association; Former Chair of MSBA Planning Committee
  • Member: District of Columbia Bar Association
  • Member: Bar Association of Baltimore City
  • Member: Bar Association of Baltimore City Judicial Selections Committee
  • Former Board of Governors Member: Maryland State Bar Association
  • Former Member: Maryland State Bar Association Planning and Technology Committees
  • Former Member: Bar Association of Baltimore City Judicial Administration Committee (1999-2006)
  • Former Adjunct Professor: University of Baltimore School of Law


Civic Activities & Public Service

  • Member: Maryland Cybersecurity Council
  • Board Member: Maryland/Israel Development Center
  • Former Member: Johns Hopkins University Homewood Technology Commercialization Advisory Board
  • Co-Chair: Caring Commission of The Associated, Jewish Community Federation of Baltimore; Member, Community Planning & Allocations Executive Committee; Board Member
  • Former Board Member: My Sister's Circle
  • Author: A Circle of Friends in Baltimore, MD, The NPR Blog, August 18, 2012
  • Board Member: Civic Works
  • Graduate: Greater Baltimore Committee, the LEADERship, 2009
  • Graduate: Leadership Baltimore County, 2006
  • Former Member: Baltimore Jewish Council Board of Directors
  • Former Chair: Baltimore Jewish Council Metropolitan Issues Commission
  • Former Board Member and Treasurer: Society for the Preservation of Federal Hill and Fells Point
  • Volunteer: Maryland Volunteer Lawyers Service
  • Volunteer: Public Justice Center
  • Best Lawyers Designation

Electronically Stored Information (ESI)

  • Co-Chair: Electronically Stored Information Group
 

Cyber Security and Information Privacy

  • Co-Chair: Cyber Security and Information Privacy Group
  • Advises clients regarding compliance with privacy and data breach notification laws
  • Assists clients in preparing privacy policies, information security plans and other policies relating to information technology and data collection
  • Assists clients with breach assessment and response
  • Advises clients on procurement of cyber insurance
 

Business and land use Litigation

  • Obtained dismissal, which was affirmed on appeal, on behalf of Montgomery County, Maryland in litigation brought by developer/property owner alleging that County land use regulations constituted a taking of property and violations of due process and equal protection
  • Obtained summary judgment, which was affirmed on appeal, on behalf of Curtiss-Wright in litigation brought by former officer of subsidiary seeking stock options
  • Successfully represented Litigation Trust in liquidation of air logistics company (Air Cargo, Inc.) in prosecuting litigation against logistics software vendor
  • Successfully represented retail electricity supplier in arbitration proceeding against industrial customer in dispute over commercial electricity supply agreement
  • Successfully represented employers in enforcing non-competition agreements with former employees
  • Defended and obtained seven figure settlement in favor of Howard County, Maryland in lawsuit involving claims of environmental contamination
  • Represented property owners in condemnation actions
  • Represented Trustee of Creditors' Trust created in bankruptcy case involving liquidation of multi-state healthcare provider in litigation arising out of Medicare fraud and accounting malpractice
  • Represented nationally renowned healthcare system in mediation involving medical equipment leasing
  • Represented plaintiff in claim for specific performance of a commercial real estate contract
  • Represented and received summary judgment in action by seller against the purchaser of a pet supply company
  • Represented relators in successful action under the False Claims Act
  • Successfully represented defendant in claim for libel
 

Intellectual Property & Technology

  • Advises IT companies, negotiates and drafts licensing and distribution agreements
  • Drafts and negotiates licensing agreements
 

Intellectual Property Litigation

  • Represented software company in the recovery of royalties and intellectual property from global manufacturer of enterprise technology products
  • Represented mobile office and storage leasing company in patent infringement matter
  • Successfully represented client in enjoining termination of software licensing agreement
  • Successfully represented client in royalty dispute
  • Successfully represented Litigation Trust in liquidation of air logistics company (Air Cargo, Inc.) in prosecuting litigation against logistics software vendor
 

Accountant and Auditing Malpractice

  • Counsel to the Plan Administrator and Disbursing Agent appointed in the bankruptcy case of the Texas Rangers Baseball Partners (“TRBP”) in investigating and successfully pursuing claims against TRBP’s former auditor
  • Served as Special Counsel to Chapter 7 trustee in liquidation of Just for Feet, Inc. (the second largest national shoe and sporting apparel retailer) and successfully litigated against its former officers, directors, and independent accounting and auditing firm
  • Represented plaintiff corporation and obtained favorable settlement in auditing malpractice claim against corporation's accounting/auditing firm
  • Counsel to Creditors' Trustee and Plan Administrator in Liquidation of Health Essentials Solutions, Inc. and its affiliates (a national healthcare provider) in preference litigation and litigation involving accountant malpractice and director and officer liability
 

Professional Liability

  • Defended legal malpractice action against Baltimore law firm arising out of estate and tax planning
  • Represented corporate plaintiff in a legal malpractice claim arising out of antitrust counseling and advice
  • Defended, and won by summary judgment, a lawsuit for legal malpractice arising out of attorney's representation of client in litigation
  • Successfully represented environmental consulting firm against professional malpractice claim in connection with issuance of Phase I environmental assessment
 
  • Life Sciences

  • Member of the Life Sciences Industry Group which provides legal services to emerging and established companies in Maryland's growing biotech industry

PRESENTATIONS & PUBLICATIONS

Co-Presenter: FastForward -  Starting a Business in Maryland – General Principles, February 2, 2019

Presenter:  Association TRENDS – Take a Proactive Approach to Incident Response: Save Money and Protect Your Reputation, October 9, 2018

Presenter: Cybersecurity Association of Maryland - Cyber: Legal, Regulatory and Insurance Landscape, September 27, 2018

Presenter: Leading Age Virginia Conference -  Understanding & Preparing for Cyber Threats, June 7, 2018

Presenter: Maryland Women’s Business Center -  A Sea of Risk: Understanding and Preparing for Cyber Threats, April 24, 2018

Panelist:  PSA Insurance & Financial Services - Autopsy of a Cyber Nightmare, October 31, 2017

Presenter: Cybersecurity Association of Maryland -  From Chaos to Clarity: Security Strategies for the Cyber Age, October 10, 2017

Panelist: Johns Hopkins Cyber Security Conference for Executives, Changing Cyber Security and Privacy Legal Landscape, September 19, 2017

Presenter: Community Associations Institute -  Understanding, Preparing for, and Responding To Cyber Threats, January 19, 2017

Co-Author: "New ESI Principles in the District of Maryland," The Maryland Litigator, MSBA Litigation Section, January 2017

Presenter: CyberMaryland Conference - Good, Bad or Wacky? Recent Changes in Global Privacy & Security Laws, October 20, 2016

Presenter: AHA! Business Radio - Radio Program Discussion on Cybersecurity, September 13, 2016

Presenter: Cybersecurity Panel, Maryland Association of Certified Public Accountants, May 16, 2016

Presenter: Maryland State Bar Association - What Lawyers Need to Know about Cybersecurity and Data Privacy, April 14, 2016

Presenter: Passenger Vessel Association - Understanding, Preparing for and Responding to Cyber Threats, January 26, 2016

Presenter: Cybersecurity and Data Privacy - What Business Lawyers Need to Know, Maryland State Bar Association Annual Meeting, Business Law Section, June 12, 2015

Presenter: Cyber Risk Management for Professionals, Anne Arundel County Community College, December 9, 2014

Presenter: Joint Workforce Development & Commercial Cyber Forum Panel Discussion: Cyber Risk Management for Professionals, Chesapeake Regional Tech Council, April 2, 2014

Drafting Team Member: The Sedona Conference Commentary on Information Governance, Published October 2014

Presenter: Understanding, Preparing for, and Responding to Legal Risks that Cyber Threats Pose to Associations and Nonprofit Organizations, ASAE 2013 Technology Conference, December 5, 2013

Presenter: Legal Risks that Cybersecurity Threats Pose to Associations and Nonprofit Organizations, ASAE The Center for Association Leadership Annual Association Law Symposium, September 27, 2013

Author: Privacy Matters, Association TRENDS, September 5, 2013

Panelist: Model Orders, Default Standards, and Pilot Projects, The Sedona Conference Working Group 1 Mid-Year Meeting, April 27, 2012

Presenter: Practical Lessons Learned: An Overview of Cybersecurity Law & Information Governance, Association of Corporate Counsel (Baltimore Chapter), January 24, 2012

Presenter: Nuts & Bolts of E-Discovery, Maryland State Bar Association Annual Meeting, June 10, 2011

Presenter: Records Management - What Non-Profits Need to Know, Progressive Business Conferences Webinar, April 15, 2010

Presenter: Records Management for Lawyers, Maryland State Bar Association Annual Meeting, June 11, 2009

Author:  Chances as Protected Interests: Recovery for the Loss of a Chance and Increased Risk, University of Baltimore Law Review, 1987

ARTICLES

European High Court Invalidates Safe Harbor for Transfer of Personal Data

On October 6, 2015, the European Court of Justice — the highest court in Europe — invalidated an international privacy agreement between the United States and the European Union, known as the US-EU Safe Harbor.  The US-EU Safe Harbor allowed companies engaged in international business activities to transfer personal data from the European Union to the U.S. in compliance with the European Union Data Protection Directive (“EU Data Directive”).

Privacy Matters

The obligations imposed by the data breach laws enacted by almost every state and many foreign countries (particularly the European Union) and various federal privacy laws do not distinguish between for profit businesses and nonprofit organizations. Therefore, trade and professional associations must be vigilant to ensure compliance with these many laws and, when appropriate and necessary, implement a written information security program that includes appropriate technical, procedural and administrative safeguards for protecting private information.


EVENTS

LeadingAge Virginia's Annual Conference & Expo - WTP Speaking

On 6/7, Howard Feldman presents "Understanding and Preparing for Cyber Threats," at the LeadingAge Virginia Annual Conference and Expo at The Hotel Roanoke in Roanoke, VA. The program will broadly identify aging services providers' legal obligations regarding these types of information, the various types of cyber threats that are lurking, and provide guidance on procuring insurance that may protect against these threats.


Autopsy Of A Cyber Nightmare - WTP Speaking

Using today’s business technology is a double-edged sword – you need it to compete, yet it exposes you to a ghastly horde of cyber monsters. The ever-evolving cyber threat landscape is a dark and mystifying realm for non-technical executives, obscured by nightmarish tales spattered throughout the daily headlines.

Don’t let the fear of the unknown entomb your business. Our panel of spirited cyber experts will arm you with a goodie bag of straight-forward strategies to help protect your organization.


NEWS

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


Howard Feldman Interview on CyberWire

An interview with WTP Partner Howard Feldman was included in a special edition podcast on cyber risk presented by CyberWire, a Baltimore-based cyber security news service. CyberWire spoke with experts in the security, insurance and legal sectors about quantifying cyber risk: how you determine it, what you do with it, and why it matters. Click here for more.


Cyber Alert: Anthem Data Breach: Self-Insured Plans

On February 4, Anthem, Inc., the second largest health insurer in the U.S., reported that hackers breached one of its IT systems and stole personal information relating to consumers and employees.  Described as “very sophisticated,” the attack involved the records of an estimated 80 million people.  While information accessed apparently did not involve medical information or credit card numbers, it did include such personally identifiable information as names, social security numbers, and income data. 


Howard Feldman to Join Trade Mission to Israel

The Daily Record reports that Howard Feldman, Co-Chair of the firm’s Cyber Security and Information Privacy Group, will be a guest of the Maryland/Israel Development Center’s second trade mission to Israel in March.  MIDC is a nonprofit, public-private partnership between Maryland’s Department of Business and Economic Development, the Israeli Ministry of Industry, Trade and Labor, and The Associated: Jewish Community Federation.  Click here to read the full article.


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Whiteford, Taylor & Preston and Six Partners Named as "IP Stars" by Managing Intellectual Property

Whiteford, Taylor & Preston is pleased to announce that Managing Intellectual Property has given the firm’s Maryland Intellectual Property practice its highest rating and has singled out six partners for individual recognition in Maryland. 

In their commentary, the editors noted that the firm is “highly respected” and that the IP lawyers in the group “handle a split of contentious and non-contentious matters crossing over patent trademark and copyright matters.”


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”

Whiteford, Taylor & Preston is pleased to announce that 46 of its attorneys are listed among the 2012 Maryland Super Lawyers and Rising Stars.

The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.