Jason P. Gonzalez

What Do You Focus On?

I focus my practice on three primary areas.

Government Investigations, Prosecutions and Regulatory Matters

I leverage my nearly twelve years of experience as a federal prosecutor and deputy city attorney to represent entities and individuals under investigation by federal, state and local agencies. I’ve helped clients in matters brought by the criminal divisions of the Northern, Central, and Southern District of California U.S. Attorney’s offices, as well as from the Department of Justice’s Antitrust Division, the San Francisco District Attorney’s Office’s Economic Crimes Unit, the District of Alaska U.S. Attorney’s Office, the California Department of Justice, the California Department of Health Care Services and the Tax Division of the Central District U.S. Attorney’s Office.  I’ve also served clients facing matters brought by federal agencies including the SEC, FBI, FAA, Customs, DHS, HHS, TSA, the Federal Maritime Commission and the IRS. In addition, I assist clients through internal investigations and compliance with the requirements attached to conducting business on a global scale, including the Foreign Corrupt Practices Act.

Commercial Litigation

I’ve personally handled over 25 jury trials and dozens of arbitrations and other contested court proceedings. I leverage this experience to help clients involved in commercial litigation regarding alleged violations of the Telephone Consumer Protection Act (TCPA), breach of contract, alleged violations of the California wiretapping statute, commercial fraud claims and alleged violations of the Computer Fraud and Abuse Act.

Data Security and Privacy

I use my training and experience as a former federal prosecutor and as a managing director of a digital risk management and computer forensics firm to help clients assess and improve their data security and compliance with data privacy laws.

What do you see on the horizon?

The government is increasingly using criminal law to address issues formerly handled through civil enforcement and is more heavily relying on (and incentivizing) private “whistleblowers.” Clients should proactively address this increasingly risky business environment through effective compliance and, if necessary, vigorous defense.

Presentations

• “Forensics and Incident Response Post GDPR and CCPA,” Daily Journal Cyber Forum 2019, A California Perspective: Ground Zero for Data Security and Privacy, February 2019 (panelist)
• “Crazy Litigation Strategies That Just Might Work (and Tried-and-True Ones That Might Not),” Hispanic National Bar Association’s Annual Convention, Philadelphia, PA, September 6, 2018 (moderator)
• “Cybersecurity and Data Breaches,” Council for Affordable and Rural Housing Annual Meeting, Washington, D.C., June 19, 2018 (co-presenter)
• “Keeping Out of the Eagle’s Claws: US Government Regulation, Enforcement, Investigation, and Prosecution in 2018,” The U.S. Enforcement Environment and the Unique Exposure of Israeli Financial Companies, Tel Aviv, Israel, April 16, 2018
• “Cannabis: A Legal High?” To Live & Law in LA Podcast, February 7, 2018
• “Cybersecurity and Data Breaches,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017
• “Reducing Risk in Trade Secrets Litigation,” presentations in Hong Kong, Shenzhen, Guangzhou, and Beijing, November 2017
• “Cybersecurity and Data Breaches,” Legal Issues in Museum Administration conference, Los Angeles, April 2016 (co-presenter)
• “The FCPA and International Bribery,” Korean Chamber of Commerce Conference, New York, March 8, 2016
• “Business, Technology and Cybercrime,” Nixon Peabody Annual MCLE Seminar, Los Angeles, January 21, 2016
• “Data Privacy & Cybersecurity Roundtable,” Nixon Peabody Roundtable, Rochester, New York, October 21, 2015
• “Data Privacy & Cybersecurity Roundtable,” Nixon Peabody Roundtable, Buffalo, New York, October 20, 2015
• “Cybersecurity,” American Bar Association Fourth International White Collar Crime Institute, October 2015, London (co-presenter)
• “Ethical Issues in Government Investigations,” Nixon Peabody Seminar, January 14, 2015
• “What to Do When the Government Comes Knocking,” Nixon Peabody client presentation, July 24, 2014
• “The Definitions of ‘Foreign Official’ and ‘Instrumentality’ in the Asian Landscape: What Recent Enforcement Actions in Asia Tell Us About US DOJ and SEC Priorities in the Region,” FCPA Bootcamp, American Conference Institute, October 2, 2013
• “An Overview of HIPAA, FCC, and FTC Regulation of Mobile Health Technology in the U.S.,” Triple Ring Technologies Technology Frontiers Collaborative Symposium, May 30, 2013
• “Shedding Light on the Sunshine Act Final Rule: Implications for Health Care Providers,” Nixon Peabody Webinar, February 13, 2013
• “When Attorneys Are Whistleblowers: Ethical Issues,” Nixon Peabody Seminar, January 13, 2013
• “Data Privacy and Security Issues with Mobile Technology,” Nixon Peabody Seminar, October 4, 2012
• “ESI and the Fourth Amendment,” American Bar Association Criminal Justice Section Spring Meeting, April 13, 2012 (panelist)
• “Social Media in Criminal Cases,” Orange County Criminal Bar Association, January 26, 2012
• “Mobile Devices and Attorney Ethics: What Are the Issues?”  BNA’s The United States Law Week, December 6, 2011
• “Authenticating Electronic Evidence,” Law 360: Expert Analysis, July 5, 2011 (co-author)
• “Criminal and Multi-Jurisdictional Issues for Trade Secret and Non-Compete Cases,” CLE Presentation, Bridgeport Continuing Education, June 24, 2011 (co-presenter)
• “E-Discovery and Social Media: Evolving Litigation Challenges,” Webinar, Strafford Publications, April 14, 2011 (co-presenter)
• “Mobile Phone and PDA Forensics and Evidence: An Overview for Lawyers,” Webinar, West Legal Education Center, February 24, 2011 (co-presenter)

Publications

• “California’s Own GDPR? Big win for consumer privacy advocates could spell trouble for companies that sell personal data,” Nixon Peabody Client Alert, July 2, 2018
• “New SEC Guidance on Public Company Cybersecurity Disclosures,” Nixon Peabody Client Alert, February 23, 2018
• “Trending Cybersecurity Disclosures,” Nixon Peabody Cybersecurity Alert, January 17, 2017
• “The Privacy Shield Comes Into Focus,” Nixon Peabody Privacy Alert, March 3, 2016
• “Mobile Devices and Attorney Ethics: What Are the Issues?” BNA’s The United States Law Week, December 6, 2011
• “SEC Staff Issues Guidance Regarding Cybersecurity Risks,” Nixon Peabody Securities Law Alert, October 28, 2011
• “Authenticating Electronic Evidence,” Law 360: Expert Analysis, July 5, 2011 (coauthor)
• “Lessons from the Casey Anthony Trial,” Stroz Friedberg Advisor Industry Alert, June 2011 (co-author)
• “Mobile Device Forensics: A Brave New World?” Bloomberg Law Reports, May 16, 2011 (coauthor)
• “What is a DDoS Attack and How Can You Prevent One,” Corporate Compliance Insights, February 14, 2011