Resume of Daniel H. Fingerman

Dan Fingerman Headshot

Sections of my resume:

References are available upon request.

Professional Work Experience

  1. Principal, Mount, Spelman & Fingerman, P.C.
    San Jose, California
    Principal: 2010 – present
    Associate: 2004 – 2010 (firm was then known as Mount & Stoelker)

    Experience: IP litigation & licensing; Business litigation; Managed & trained associates; Clearance of IP and other rights; Counseling in technology/law and litigation avoidance; "Outsourced in-house counsel" for hardware company; Negotiation and drafting of contracts and licenses

    IP experience: patent, trade secret, copyright, trademark, design patent, trade dress, unfair competition, DMCA, false marking, domain names

    Business experience: privacy, contracts, corporate, officer & director liability, supplier and distributor relationships, unfair competition, non-compete, employment, commercial real estate, insurance coverage

    Technology areas: software (proprietary & open source), communication protocols, digital & analog signals, signal filtering, semiconductor manufacturing, electronic design automation (EDA), circuit simulation, memory devices, input devices, interface devices, power supplies, mechanical devices, business methods, pool covers, pet products, flashlights, optics, eyeglasses, sunglasses, food recipes

    Litigation experience: jury trials (second chair); bench trials (first & second chair); commercial arbitration (first & second chair); appeals; Markman briefing & hearings; MSJ briefing & hearings; pleading-related motions; jury instructions; in limine motions; depositions (taking & defending); eDiscovery collection, management, processing, analysis, vendor selection; prosecuting sanctions & contempt proceedings; injunctions (preliminary & permanent); venue challenges; jurisdictional challenges (personal & subject matter jurisdiction); settlement negotiation & drafting; judgment enforcement

  2. Volunteer Law Clerk, Bay Area Legal Aid
    San Mateo, California: August 2003 – January 2004
    Assisted attorneys representing indigent clients in family law matters including divorce, custody, domestic abuse; unlawful detainer (eviction) and other landlord-tenant disputes. Drafted demurrers and motions; negotiated settlements; documented evidence of living conditions in habitability and domestic-violence cases.
  3. Summer Associate, Wiggin & Dana LLP
    New Haven, Connecticut: Summer 2002
    Legal research and writing; prepared disclosures and other documents in patent prosecution; drafted client advisory on changes in patent law; drafted copyright licenses; prepared disclosures to SEC for corporate merger; participated in litigation strategy sessions; attended client meetings.
  4. Intern, Judge Mark L. Wolf, U.S. District Court for the District of Massachusetts
    Boston, Massachusetts: 1997
    Assisted Judge and Clerks in reviewing case materials, preparing for hearings, and drafting bench memoranda on legal and factual issues.
  5. Representative, Alcohol and Drug Abuse Advisory Board
    Howard County, Maryland: 1994 – 1996
    Elected office with constituency of 10,000. Chaired two committees, assessed effectiveness of drug education programs, and organized experimental conference on parent-child communication on drug-related issues.
  6. Student Attorney, Greater Boston Legal Services
    Boston, Massachusetts: 2001 – 2002
    Represented indigent clients in judicial and administrative litigation involving eviction, divorce, unemployment benefits, and Social Security appeals. Work done in the context of the Civil litigation clinic at the Boston University School of Law.
  7. Paralegal & Legal Secretary, McRoberts & Roberts LLP (now McRoberts, Roberts & Rainer, LLP)
    Boston, Massachusetts: Summer 2001

Bar Membership Status

  1. Admitted to the State Bar of California (2003)
  2. Admitted to the U.S. District Courts for the Northern, Southern, Eastern, and Central Districts of California (2004) and the Eastern District of Texas (2010)
  3. Admitted to the U.S. Circuit Courts of Appeals for the First Circuit, Ninth Circuit and Federal Circuit (2004)
  4. Member of the Santa Clara County Bar Association
  5. Member of the State Bar of California Intellectual Property Section

Other Experience

  1. Webmaster
    1997 – 2009
    Various organizations, including volunteer and pro bono work. Full list of sites bearing my programming available upon request.
  2. Database Programmer and Network Administrator, Regional Center of the East Bay
    Oakland, California: 1998 – 2000
    Duties included database programming, web site programming and maintenance, network administration, and general technical support.
  3. Volunteer, Technology Access Center
    New Haven, Connecticut: 1999 – 2000
    TAC provides inner city residents with free access to computers and the Internet. Duties included teaching classes and staffing a help desk.
  4. Master's Aide, Saybrook College
    Yale University, New Haven, Connecticut: 1997 – 2000
    Administrative assistant to the Master (chief administrator) of Saybrook College. Saybrook is one of Yale's 12 colleges.
  5. Intern, Abell Foundation
    Baltimore, Maryland: Summer 1997
    The Abell Foundation is a nonprofit, grant-making agency which funds community projects and programs in Baltimore. Duties included designing and conducting an empirical study in Baltimore's homeless shelters. The study measured service providers' knowledge of substance abuse issues and available treatment options.
  6. Reader and Computer Technician, National Federation of the Blind
    Columbia, Maryland: 1992 – 1995
    Personal assistant to the President of the National Federation of the Blind of Maryland. Assisted blind persons with reading, computer work, and other tasks.

Education

  1. Boston University School of Law
    Degree: J.D., cum laude (2003)
    Grade Point Average: 3.67 (list of courses) (transcript)
    Concentration in Intellectual Property with Honors
    Thesis: Static Measurements and Moving Targets: Privacy, Biometrics and the Consumer-Bank Relationship
  2. Yale University
    Degree: Dual B.A. in Economics and Political Science (2000)
    Grade Point Average: 3.43
    Thesis: The Futures of e-Politics: Assessing Predictions of Political Discourse on the Internet
  3. Harvard University
    Summer coursework in communication theory and political philosophy (1995)
  4. Johns Hopkins University
    Center for Talented Youth (CTY)
    Summer coursework in writing, etymology, astronomy, geology (1992 – 1994)
  5. Oakland Mills High School
    High School Diploma (1996)
    Located in Columbia, Maryland
    Grade Point Average: 4.0

Writing & Publications

  1. Demurrer Opposition
    In 2008, I was forced to sue Capital One and one of its agents for invasions of privacy. This writing sample is my opposition to Capital One's demurrer.
  2. Motion for Summary Judgment
    This motion sought partial summary judgment for my client, Sonoma Cheese Factory, in a trademark lawsuit. The basis for the motion was a complete defense based on the statute of limitations.
  3. The True Stella Awards, Columnist, 2007–2008
    This electronic newsletter examines lawsuit abuse in the United States.
  4. Spam Canned Throughout the Land? Summary of the CAN-SPAM Act With Commentary
    This was the cover story in the February 2004 Journal of Internet Law (volume 7, issue 8, page 1).
  5. Static Measurements and Moving Targets: Privacy, Biometrics and the Consumer-Bank Relationship
    This was my law school thesis paper, written during the winter of 2002 – 2003.
  6. Moot Court Brief (2001)
  7. Office Memorandum (2002)

Interests & Hobbies

  1. Washington Capitals hockey
  2. Antique telegraph technology
  3. Skeptical inquiry
  4. Modern folklore
  5. Volleyball
  6. Unicycling

Civic & University Involvements

  1. Coach, varsity Mock Trial team at Andrew P. Hill High School in San Jose, California
  2. Reality Check Acting Troupe: Founder, Producer, Actor
  3. Brights Network
  4. Bay Area Legal Aid: Volunteer Law Clerk, Database Programmer
  5. Moot Court at Boston University School of Law
  6. Boston University Law School Assembly: Chairman, Committee Chair
  7. Habitat For Humanity: Volunteer, Crew Leader
  8. St. James Homeless Shelter: Volunteer
  9. Eastern Coalition Against Substance Abuse: Student Representative, Student Coordinator
  10. Maryland Youth Wellness Conference: Jurisdiction Leader, Planning Staff Member
  11. Boy Scouts of America: Senior Patrol Leader, Patrol Leader, Instructor. Rank: Life Scout.
  12. Saybrook College Council: President, Public Relations Officer, Elected Representative
  13. Yale College Council: Senior Associate, Saybrook College Representative, Webmaster, Communications Committee Chair
  14. Yale Law and Technology Society
  15. Yale Internet Law Society

Honors & Awards

  1. Honored by the Eastside Union High School District in San Jose, California for service to the District, April 17, 2008. Recognition was made for four years of success as the coach of the varsity Mock Trial team at Andrew P. Hill High School.
  2. Nominated for the Jan Jancin Award, a national award for outstanding achievements in intellectual property law during law school, 2003
  3. Saybrook College Master's Prize, 2000
  4. Coca-Cola Scholars Foundation Scholarship, 1996
  5. Maryland State Department of Education's "Faces of the Future Award" for Leadership in Drug Prevention, 1996
  6. Columbia Council Spear Family Community Service Scholarship, 1996
  7. Presidential Academic Fitness Award, 1996
  8. Maryland Distinguished Scholar, 1996
  9. Dr. Charles Ecker Howard County Executive CommunityService Award, 1996
  10. Maryland High School Certification of Merit, 1996
  11. Howard County High School Scholar, 1996
  12. Oakland Mills High School Parent, Teacher, Student Association Scholarship, 1996
  13. Oakland Mills High School Foreign Language Student of the Year: French, 1996
  14. Principal's Academic Excellence Award, Oakland Mills High School, 1996
  15. Oakland Mills High School Leader of the Year Award, 1996
  16. Daughters of the American Revolution "Good Citizen" Award, 1995
  17. National Merit Commended Student, 1995
  18. Howard County Science Fair Award of Excellence, 1993
  19. SHOP Student of the Year, 1995
  20. Xerox Corp. Award for Outstanding Achievement in the Humanities and Social Sciences, 1995
  21. Gold Honor Roll, Oakland Mills High School, 4 years, 1992 – 1996

High School Activities

  1. Students Helping Other People (SHOP): President, Vice Pres. of Public Relations, Secretary (2 terms)
  2. Peer Leaders Of Oakland Mills (PLOOM): Coordinator, workshop leader
  3. Young Democrats of Oakland Mills: Newsletter Editor-in-Chief
  4. Prom Promise: Oakland Mills High School Coordinator
  5. Oakland Mill High School Improvement Team: Student Body Representative, committee chair
  6. Yearbook: Section Editor
  7. National Honor Society (NHS)
  8. French Club: Public Relations Officer (3 terms)
  9. Human Relations Committee