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

• “Cybersecurity and data breaches,” Nixon Peabody Annual MCLE Seminar, San Francisco, January 2017
• “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
• “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 LegalEdCenter, February 24, 2011 (co-presenter)

Publications

• “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)
• “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