Philip R. Schenkenberg

Transcription

1 Shareholder 2200 IDS Center 80 South Eighth Street Minneapolis, MN p: f: Phil Schenkenberg is co-chair of the firm s Business Litigation section, and is a member of the Telecommunications group, the Privacy, Data Security and Cybersecurity group, and the Trusts and Estates Disputes and Litigation Group. Phil practices principally in the areas of: Telecommunications litigation Telecommunications regulatory matters Data security and cyber security Trust litigation Banking litigation Business litigation Phil advises clients on data and cyber security issues. In his role in the Privacy and Data Security practice group, Phil offers a full range of services to help clients prevent, prepare for and minimize the impact of security breaches and cyber attacks. He also advises clients on the General Data Protection Regulation (GDPR), a European law that imposes objections on many U.S.-based companies. Phil is also active in the data security industry. He is a member of the InfraGard (Minnesota chapter), a non-profit organization creating a partnership between U.S. businesses and the FBI, focusing on the development, management and protection of infrastructure. Phil also serves on the Cyber Security Summit's board of advisors. At the 2017 Cyber Security Summit in Minneapolis, Phil presented with associate Cyrus Malek. Materials from their presentation, "Cybersecurity for Small & Mid-Size Businesses," can be found here: assets/htmldocuments/css2017.pdf. As a member of the Telecommunications practice group, Phil has represented clients before the FCC, more than 20 state public utilities commissions and in federal and state courts. Practice Areas Privacy, Data Security and Cybersecurity Business Litigation Administrative & Regulatory Telecommunications Trust and Estate Disputes and Litigation Education University of Minnesota Law School, J.D., 1995, Cum Laude University of Minnesota, M.A., 1996 University of Illinois, M.A., 1991 Trinity University, B.A., 1990, Cum Laude - Phi Beta Kappa Bar & Court Admissions Minnesota Iowa U.S. District Court District of Minnesota U.S. District Court District of Colorado U.S. Court of Appeals 8th

2 Phil has handled numerous complex intercarrier compensation disputes in federal and state courts, including disputes regarding traffic pumping, wireless traffic and VOIP traffic. Phil has represented wireless and landline carriers in interconnection negotiations in more than 30 states, and in multiple interconnection arbitrations conducted in accordance with the 1996 Telecommunications Act. Recently, these arbitrations have included the manner in which parties interconnect using Internet protocol (IP Interconnection). He has also worked with clients to draft and negotiate IRU and fiber sale contracts, and to resolve disputes arising under such agreements. U.S. Court of Appeals 9th U.S. Court of Appeals 10th U.S. District Court Northern District of Iowa U.S. District Court Southern District of Iowa U.S. District Court Eastern District of Michigan In his regulatory practice, Phil has assisted clients in developing regulatory compliance programs, drafted comments for federal and state rulemaking proceedings and worked with clients involved in corporate transactions with other designated entities. He has also drafted and filed comments in federal and state rulemaking proceedings, addressing interconnection, compensation and universal service obligations. Phil has worked with clients to develop and file comments in FCC and state proceedings addressing regulatory requirements applicable to wireless carriers. Phil works closely with the firm s estate planning lawyers when estate planning, administration and trust issues end up in litigation. Phil has represented trustees, conservators and guardians, as well as individuals involved in family disputes. Phil s banking litigation practice is focused on the representation of lenders and the enforcement of creditors remedies. Phil has litigated loan participation disputes, handled large commercial foreclosure cases and successfully enforced the terms of loan documents. Phil has handled a wide variety of general litigation matters and has tried cases in Minnesota state courts, the Minnesota Tax Court, and federal courts in Minnesota, South Dakota, Virginia and Louisiana. While in law school, Phil was an editor of the Minnesota Law Review. Experience Phil's representative work includes: Assisted a large, consumer-facing company in working through response and remediation issues caused by a cyber attack. 2

3 Advised an entity subject to Gramm-Leach-Bliley on its contracts with vendors who obtained access to customer information. Advised clients as they evaluated their cyber insurance needs and coverage options. Represented long-distance carrier in federal court regarding access charge compensation claims related to calls to chat lines and conference bridges. Represented wireless companies in federal courts in disputes with local telephone companies regarding compensation for calls between parties' networks in multiple states. Represented wireless carriers in state commission interconnection arbitration proceedings under the 1996 Telecommunications Act. Represented clients in federal district court proceedings regarding lawfulness of state public utilities commission interconnection arbitration orders. Obtained order from federal district court in California sanctioning plaintiff for spoliation of forensic evidence and ordering adverse jury instructions. Obtained a favorable trial verdict on behalf of a trust beneficiary. Represented an individual in a defamation case arising out of a family dispute. Represented banking clients on loan participation disputes. Represented long-distance company in federal court proceedings regarding intercarrier compensation dispute for Voice over Internet Protocol traffic. Advised clients on managing data security and cyber security risks. Provided regulatory due diligence analyses of universal service obligations and compliance in corporate merger and acquisition transactions in numerous states. Represented and successfully defended student loan lenders and servicers in bankruptcy adversary proceedings related to discharge of student loan debt. Represented bank challenging dischargeability of credit card debt in bankruptcy. Represented bank on lien priority challenge asserted by architect. Represented client, pro bono, in obtaining damages for $86,885 due to improper home inspection. Represented clients before the FCC in intercarrier compensation and notice and comment proceedings. Represented clients in state public utility commission proceedings on a variety of regulatory matters in numerous states. Represented clients in state public utility commission proceedings to obtain CLEC certificates of authority. Represented lender in priority dispute with mechanic's lien claimant. Represented long-distance company in state commission complaint proceeding against company not properly certificated by state commission. 3

4 Represented municipality in eminent domain case; case tried on valuation. Represented municipality in inverse condemnation claim. Represented municipality on assessment appeal based on improvement to property. Represented plaintiff in dispute arising out of letter of intent to sell business. Represented plaintiff in fraud claim arising out of sale of inventory. Represented student loan creditor challenging dischargeability of student loan debt in bankruptcy. Represented taxpayer seeking refund based on sales tax exemption for chemicals used in medical testing. Represented wireless carrier in state commission proceeding regarding telephone companies' dialing parity obligations. Represented wireless carrier in state proceedings to challenge application of SS7 signaling charges. Represented wireless carriers in obtaining eligible telecommunications carrier designation from Federal Communications Commission and various state public utility commissions. Represented wireless company in federal court litigation seeking to enjoin the enforcement of telephone company tariffs. Affiliations Professional Affiliations Minnesota State Bar, Member Hennepin County Bar Association, Member InfraGard (Minnesota chapter), Member Cyber Security Summit, Board of Advisors Certified Information Privacy Professional/United States Pro Bono St. Paul Festival and Heritage Foundation News & Insights News Phil Schenkenberg Discusses Cyber Security with FOX9 News October 25, 2017 Phil Schenkenberg Featured in Minneapolis/St. Paul Business Journal s Cybersecurity Table of Experts October 2,

5 Briggs Partners with 2017 Cyber Security Summit to Educate Small, Mid-Size Businesses on Data Security September 15, 2017 Events Minnesota State Bar Association CLE, Communications Best Practices and Pitfalls for Trusts and Estates Lawyers, Presenter, Minneapolis March 8, Cyber Security Summit: Cyber Security for Small and Mid-size Businesses, Presenter, "Legal Considerations and Case Studies," Minneapolis, Minnesota (Click here for presentation materials) October 24, 2017 St. Cloud State University Central Region Small Business Development Center: Cybersecurity Colloquium, Presenter, "Reasons Businesses Call a Cyber Lawyer," St. Cloud, Minnesota May 18, 2017 Publications Alert: The California Consumer Privacy Act of 2018: It s time for Businesses to Get Serious July 9, 2018 ALERT: Sabre Data Breach May Require Hotels, Hospitality Agencies, and Other Companies to Notify Clients and/or Employees July 5, 2017 Attorneys Phil Schenkenberg and Lauren Lonergan author "Cyber Insurance Coverage Disputes: Not What Your Company Expected" July 14,