David J. Loundy

Work Address:                                                                                                                      David@Loundy.com

6445 N. Western Ave.                                                                                                      Phone: (773) 465-2500

Chicago, IL  60645                                                                                                     http://www.Loundy.com/

Work                Corporate Counsel, Devon Bank                                                                    1/03-Present

Experience:         Assist bank officers with legal issues, spearhead Islamic finance program, overhaul and supervise mortgage department, establish off-shore investment companies, and work on special projects.  Also member of Board of Directors.

Adjunct Professor, DePaul University College of Commerce (MBA).                                                                                                                     12/00-2003

“Internet Law.” (See Cyberlaw, below.)

Solo law practice, author and lecturer.                                        5/94-7/97, 1/02-2/04

Counseling and contract drafting/negotiation. Copyright and trademark filings and licensing, ICANN domain name disputes. Clients include individuals, small companies, medium-sized privately held companies and publicly-traded companies.

Associate Director, Center for Information Technology & Privacy Law                                                                                                          9/01-12/02

of the John Marshall Law School

“Cyberlaw,” Su2002. (Taught aspects of the on-line business environment such as jurisdiction, sources of regulation, on-line contracting, trans-border data flow,

Adjunct Professor, The John Marshall Law School (LLM Program).                                                                                                              8/98-12/02

“Cyberlaw,” Su2002. (Taught aspects of the on-line business environment such as jurisdiction, sources of regulation, on-line contracting, trans-border data flow, technological restrictions; data havens; privacy; defamation; obscenity; indecency; copyright; trademark; trade secrets and computer crimes.)

“Computer Crime, Information Warfare & Economic Espionage,” F1999, F2000, & Sp2002. (Topics included intrusions, theft of service, viruses, identity theft, trade secrets, economic espionage, national security, infrastructure security, hactivism, interception of electronic communications, on-line fraud, and international computer crime.)

“Governance and Regulation of Cyberspace,” Fall, 1998. (Course covered mechanisms of on-line regulation and dispute resolution.)

Co-Chair, Intellectual Property & Technology Law Practice Group,                                                                                                                     1/01-9/01

Masuda, Funai, Eifert & Mitchell                                                                                   

Marketing and promotion of I.P./I.T. practice to U.S. and Asian businesses through presentations (in the U.S. and Korea), writing, committee participation, and individual prospective client meetings. Counseled clients; drafted, reviewed, and negotiated contracts; obtained and enforced intellectual property protection; coordinated legal needs with other practice areas for clients ranging from individual entrepreneurs to multi-national corporations, with emphasis on Japanese companies conducting business in the U.S. Substantive areas included a wide-range of Internet issues including acceptable use policies, privacy policies, Web site terms and conditions, on-line sales/distribution issues, on-line and traditional copyright and trademark issues, information technology, and entertainment law.

Associate Attorney, D’Ancona & Pflaum.                                                       7/99-12/00

Internet, copyright, trademark, information technology, and entertainment law. Client counseling; contract drafting, review and negotiation; policy creation and implementation, litigation and arbitration; copyright and trademark filings, licensing and protection; participation in related aspects of mergers and acquisitions, financing, and business plan review and development. Primary attorney on five ICANN domain name arbitrations. Assembled a coalition of plaintiffs and successfully litigated a lawsuit involving on-line copyright infringement (direct and third-party liability as well as copyright management information tampering), and violations of right of publicity law. Worked on several “corporate cybersmear” investigations. Clients included individuals, small to medium-sized privately-held and publicly-traded companies with an emphasis on entrepreneurial ventures. Served as co-chair of the firm’s high-tech marketing committee. Served on the firm technology committee that was responsible for analysis, selection, budgeting and implementation of firm’s technology needs. Generated more business than any associate at the firm at the time.

Associate Attorney, Davis, Mannix & McGrath.                                               7/97-6/99

Represented clients in the areas of Internet, copyright, trademark, computer, computer crime, communications, entertainment commercial litigation, securities fraud, and corporate law. Some client counseling, contract drafting and review, litigation, arbitration, policy creation, copyright and international and U.S. trademark filings, licensing and enforcement (including coordination of a 37-country trademark registration program). Successfully brought one of the first lawsuits against a poster of infringing works to Usenet News (copyright and trademark infringement), and one of the first anti-spam suits (violation of the federal Computer Fraud and Abuse Act, breach of contract, trespass to chattels). Clients included individuals and small businesses with an emphasis on entrepreneurial ventures. Generated more business than any associate at the firm at the time.

Associate Attorney, McConnell & Mendelson (firm now defunct).              11/93-4/94

Provided research and litigation support in the areas of information technology, corporate law, defamation, and professional responsibility.

Education:       Post-Graduate Diploma, March 2004.  Institute of Islamic Banking & Insurance, London, England.

J. D. with distinction, May 1993.  University of Iowa College of Law, Iowa City, Iowa.

B. A. with distinction, in Telecommunications, May 1990.  Purdue University, West Lafayette, Indiana.

Professional      Chicago Bar Association Computer Law Committee (Chair, 1997-98; Vice-Chair, 1996-97)

Activities:         Chicago Bar Association Patents, Trademarks and Copyrights Committee

Chicago Electronic Crimes Task Force (est. per USA PATRIOT Act by the U.S. Secret Service)

Computer Professionals for Social Responsibility (Chair, Law Working Group)

Editorial Board, The Cyberspace Lawyer

Illinois State Bar Association Intellectual Property Section Council (appointed: 1996-2004; Secretary, 2000-1; Vice-Chair, 2001-2; Chair, 2002-3; Chair, Internet Law sub-committee)

InfraGuard member (FBI)

Honors &          Sheikh Mohammed Bin Rashid Al Maktoum Award in Islamic Finance in the category of

Offices:                “Vision: North America” (awarded to Devon Bank for program I designed).

                        Chair, Illinois State Bar Association Intellectual Property Section (2002-03).

Member of UNESCO Innocence in Danger, US Law, Law Enforcement and Regulatory Task Force Advisory Committee

Chair, Chicago Bar Association Computer Law Committee (1997-98)

Illinois State Bar Association Standing Committee on Media Law (appointed, 1995-96)

Listed in “An International Who's Who of Internet and E-Commerce Lawyers” (Law Business Research, listed as a result of peer nominations)

Member, Phi Kappa Phi National Honor Society

Member, Golden Key National Honor Society

Member, Phi Eta Sigma National Honor Society

President, Purdue University Fencing Club (1989–1990)

Member, Purdue University Fencing Team

Secretary and founding member, Audio Engineering Society, Purdue Chapter

Publications:    Over 100, including practitioner-oriented columns formerly in the Chicago Daily Law Bulletin and The Cyberspace Lawyer, scholarly law review articles, a treatise and other law reference book chapters, an encyclopedia chapter, legal newsletter articles, articles in computer-oriented press, and a case book “Computer Crime, Information Warfare & Economic Espionage” (ISBN 0-89089-110-9).  Publications have been translated into French, Japanese, and Korean.  (Publications listed separately.)

Formal             Over 60, not including teaching and in-house presentations. Presentations have included

Speeches &     solo speaking, panel presentations, and radio and television appearances. Audiences have

Presentations:  included legal, technology, government agency, judiciary, and other industry conferences,

C.L.E. meetings and seminars, and school groups. Presentations have been simultaneously-translated into Korean, Japanese and Turkish.  (Presentations listed separately.)

Bar                   Illinois, November 1993.

Admission:       U. S. District Court, Northern District of Illinois, June 1995.


Publications & Citations

 

Books &            “Cybercrime,” Chapter 21 in Intellectual Property Law (2005 Edition), Illinois Institute

Chapters:              of Continuing Legal Education

“Computer Crime, Information Warfare & Economic Espionage,” Carolina Academic Press, January 2003, ISBN 0-89089-110-9.

“Law of Cyberspace,” Chapter 21 in “Computer Software: Protection/Liability/Law/Forms” L. J. Kutten, ed., regularly updated treatise.

“Cyberstalking” chapter in The Internet Encyclopedia, John Wiley & Sons, January, 2004.

Beikoku Internetto-Hó: Horitsu ni Miru Ronten (U.S. Internet Law: Most Recent Cases and Laws), co-author, Japan External Trade Organization, Feb. 22, 2002, ISBN 4-8224-0937-6.

Copyright law chapter, “Cyberspace Hou (Cyberspace Law),” Kenkyu Kai and Makoto Ibusuki ed., 2000, Nihon Hyouron Sha, Tokyo Japan, ISBN 4-535-51197-7

Columns:         “Technology Law,” monthly column, Chicago Daily Law Bulletin, from Jan., 1995 to May, 1998. 

“E-Law,” monthly column, The Cyberspace Lawyer, Apr., 1996 to June, 1998.

Former contributing author, Government Technology magazine.

Journal            “E-Law 4: Computer Information Systems Law and System Operator Liability,” 21

Articles:                  Seattle University Law Review 1075 (1998).

“Trademark Law and Internet Addresses: Significant Cases in Selected Jurisdictions” (co-author), 13 World Bulletin 78 (Sept.-Dec., 1997), Institute of International Legal Studies, University of the Philippines (refereed).

 “A Primer on Trademark Law and Internet Addresses,” 15 John Marshall Journal of Computer & Information Law 465 (Spring, 1997).

“A Basic Primer on Copyrights on the World Wide Web,” 80 Journal of Applied Communication 1 (No. 4, 1996) (refereed).

“Revising the Copyright Law for Electronic Publishing & Distribution,” 14 John Marshall Journal of Computer & Information Law 1 (1995).

“E-Law 2.0: Computer Information System Law and System Operator Liability Revisited,” E-Law Journal, Volume 1, Number 3 (1994), Murdoch University School of Law, Murdoch, Australia (refereed).

“E-Law: Legal Issues Affecting Computer Information Systems and System Operator Liability,” 3 Albany Law Journal of Science & Technology 79 (1993), also published in 12 Computer/Law Journal 101 (1993).

Other               “Property v. Privacy,” Illinois State Bar Association Intellectual Property Section

Articles:                  Newsletter, June, 2002.

“An Overview of On-Line Stalking” The Cyberspace Lawyer, Apr., 2002.

“Is That Boat Really Intended for This Safe Harbor?” E-Commerce Law Report, August, 2001, reprinted in Illinois State Bar Association Intellectual Property Section Newsletter, Jan., 2002.

“When is “Notice” Really Notice? Service Provider Liability Under the DMCA,” E-Commerce Law Report, Mar., 2001.

“All the Rage and a Significant Concern: Application Service Provider Agreements,” The Cyberspace Lawyer, May, 2000, reprinted in Illinois State Bar Association Intellectual Property Section Newsletter, June, 2000.

“The Online Copyright Infringement Liability Limitation Act,” Illinois State Bar Association Intellectual Property Section Newsletter, Feb., 1999.

“Student Content and Copyright Law: Separating Fact from Fiction,” Classroom Connect, Feb., 1999.

“Avoid Liability with the Online Copyright Infringement Liability Limitation Act,” Boardwatch Magazine, Jan., 1999.

“An Overview of Some Aspects of the Digital Millennium Copyright Act,” E-Commerce Law Report, Dec., 1998/Jan., 1999.

“To Filter or Not to Filter,” Classroom Connect, Nov., 1998.

“Internet Governance through Self-Help Remedies,” Computer Professionals for Social Responsibility Newsletter, Summer, 1998.

“Junk e-mailers face attack on several fronts,” Illinois State Bar Association Intellectual Property Section Newsletter, Jun., 1998.

“Navy goes overboard in hunt for submariner,” Illinois State Bar Association Intellectual Property Section Newsletter, Mar., 1998.

“Database providers collect court decisions,” Illinois State Bar Association Intellectual Property Section Newsletter, Jan., 1998.

“Surge in online disputes won't be suppressed in '98: Net prophets,” Chicago Daily Law Bulletin, Year End Special, Dec. 30, 1997 (co-author).

“Internet users aim to can unwanted ‘spam’,” Illinois State Bar Association Intellectual Property Section Newsletter, Aug., 1997.

“Digital wins suit to block alternate vista,” Illinois State Bar Association Intellectual Property Section Newsletter, May, 1997.

“Licensing Tiff Results in New Graphics Format,” 8 Intellectual Property Litigation (American Bar Association Section of Litigation, Committee on Intellectual Properties Litigation newsletter) 1, Spring, 1997.

“Duke Nukem battle radiates with issues,” Illinois State Bar Association Intellectual Property Section Newsletter, Feb., 1997.

“Long arm of the law reaches into cyberspace,” Illinois State Bar Association Intellectual Property Section Newsletter, Nov., 1996.

“Vigilante Copyright Enforcer Aims at Freeloaders,” Illinois State Bar Association Intellectual Property Section Newsletter, Sept., 1996.

“Finding the Right Fit Among On-Line Options,” New Jersey Law Journal, technology supplement, page S-3, May 6, 1996.

“Is Your T-Shirt a Lethal Weapon?” Roadside U.S.A. (a former “community area” on America Online), May, 1996.

“CompuServe Lays Ein Egg,” Roadside U.S.A., Apr., 1996.

Book review, “A Survival Guide for Road Warriors,” Chicago Daily Law Bulletin, “Law Day” special issue, Apr. 27, 1996.

“Senate Proposal Takes Wrong Turn on Info Highway,” Chicago Daily Law Bulletin, Sept. 26, 1994.

“Whose Standards? Whose Community?” Chicago Daily Law Bulletin, Aug. 1, 1994.

Cited in:           White v. White, 344 N.J.Super. 211, 781 A.2d 85 (2001).

Fraser v. Nationwide Mutual Insurance Co., 135 F.Supp.2d 623 (E.D.Penn. 2001).

People v. Gall, 30 P.3d 145 (Colo. 2001).

Lockheed Martin Corp. v. Network Solutions Inc., 985 F.Supp. 949 (C.D. Cal. 1997).

Davis v. State, 67 Okl.B.J. 1346 (Okla. Crim. App. 1996).

 


Guest Lectures and Presentations

 

Presentation on Islamic finance regulation in the United States, IIR Middle East, Dow Jones Indexes and the Saudi Economic & Development Company, International Islamic Finance Forum (Dubai, United Arab Emirates), May 7-9, 2004.

Presentation on issues in information technology administration, Illinois State Bar Association Intellectual Property Section, Intellectual Property in the Classroom: Reading, Writing, Arithmetic, and Litigation in the Internet Age, May 5, 2004 (Chicago).

Panelist, “Operational Responses to Security Risks,” Illinois Center for International Education and Research (CIBER), Corporate Security and International Operations: Threat, Prevention, Intervention, Oct. 30, 2003.

Panelist, “Cybercrime and Cybersecurity,” University of Dayton School of Law, 14th Conference on Law and Technology, Mar. 6, 2003.

Panelist/moderator, “Unwanted Corporate Contact: Viruses, Trespass & Spam,” American Bar Association and The John Marshall Law School, National Cybercrime Conference, May 10, 2002.

Panelist, “Privacy in a Wired World,” Center for Education and Research in Information Assurance and Security, Purdue University, CERIAS Research Symposium, Apr. 17, 2002.

“Computer Law Pitfalls,” Illinois State Bar Association, Intellectual Property Pitfalls, Apr. 11, 2002.

Speaker on the legal issues of service contracts, Web site design computer security, on-line privacy and intellectual property rights enforcement, Japan External Trade Organization (Chicago), Risk Management in the Internet Age, May 11, 2001.

Presentations on domain name disputes and on digital signatures, (Korean) Ministry of Information and Communications, Korea Advanced Institute of Science & Technology, The John Marshall Law School and Handong University, International Conference on Business, Technology & Intellectual Property in the I.T. Age (Seoul, Korea), Apr. 26-27, 2001.

“Domain Names and Trademarks,” Illinois State Bar Association, Establishing a Presence on the World Wide Web: A Primer, Apr. 19, 2001.

“Domain Name Issues,” Illinois State Bar Association, Brown Bag Lunch Seminar, Mar. 8, 2001.

Discussion of the 9th Circuit decision in A&M Records v. Napster, WXRT-93.1 FM, “Sound Opinions,” February 13, 2001.

Presentation on the law and ethics of Napster, Northside College Prep. High School, Oct. 12, 2000.

Panelist, “Chance, Coincidence and Causation in a Computer Network Environment: Who Cares?” Hispanic National Bar Association, 25th Anniversary Convention, Oct. 6, 2000.

Guest discussing legality of “TheBurglar.com,” Court TV, “Pros and Cons,” Aug. 15, 2000.

Panelist, Napster and on-line music copyright infringement, WBEZ-91.5 FM, “Odyssey,” Jul. 28, 2000.

“Internet Security and Vulnerability: Are Entities Subject to Security Breaches Victims or Culprits?” American Health Lawyers Association, “Health Information & Technology Conference,” May 5, 2000.

“Domain Name Disputes,” Chicago Bar Association Patent, Trademark and Copyright Committee, Feb. 20, 2000.

Panelist, “Privacy in the workplace,” WUSN-99.5 FM, “Chicago Up Close,” Jan. 17, 2000.

“An Overview of Internet Law,” Washington State Judiciary, Washington Judicial Conference, Oct. 5, 1999.

“Keynote: Technology and the Law,” Washington State Judiciary, Washington Judicial Conference, Oct. 5, 1999.

“Domain Name Disputes in the U.S. Courts,” The Intellectual Property Law Association of Chicago and The  John Marshall Law School Center for Intellectual Property Law, “Master your Domain (Name)” conference, Mar. 24, 1999.

“Domain Name Ownership Issues,” The Chicago Bar Association Computer Law Committee, “E-Commerce and the Law: The Growth Potential—Keeping Ahead or Falling Behind?” Feb. 17, 1999.

“Electronic Mail and Confidentiality,” Chicago Computer Society, Illinois State Bar Association, ISBA Mutual Insurance and Apple Computer, Jan. 18, 1998.

“Cyberspace Law Update,” Computer Professionals for Social Responsibility, Chicago chapter meeting, Dec. 15, 1998.

“Cyberspace Law and Governance: The Present, the Future,” Pacific Northwest Judicial Conference, “Visions 2020” conference, Aug. 27, 1998.

“Copyrights and Trademarks in the On-Line World,” CLE Online, on-line continuing legal education seminar, May 18-May 29, 1998.

“Legal Eagle Update” (current issues in on-line law), Council for the Advancement and Support of Education “Public Relations and Publications in Cyberspace” conference, May 8, 1998.

Panelist and conference chair, Chicago Bar Association, “Current Issues in Computer Crime for Law Enforcement Officers and Municipal Attorneys,” May 6, 1998.

“Trademarks, Other Proprietary Interests, and Unfair Competition on the Internet,” Illinois State Bar Association, “Technology and Competition in Illinois” conference, Mar. 17, 1998.

“Copyright Law in the Digital Context,” U.S. Information Agency and The John Marshall Law School Center for Intellectual Property Law, “Comprehensive Intellectual Property Program for Government Officials and Private Practitioners,” Feb. 25, 1998.

“An Introduction to Copyright and Trademark Law,” various sponsoring organizations, “Computers, Freedom & Privacy—CFP98” conference, Feb. 18, 1998.

Panelist, Year 2000 problem, WBEZ-91.5 FM, “Odyssey,” Feb. 17, 1998.

Moderator and conference chair, The John Marshall Law School Center for Information Technology and Privacy Law and The Chicago Bar Association Computer Law Committee, “Doing Business in a Networked World,” Jan. 15-16, 1998.

Panelist, Year 2000 problem, WTTW-Channel 11, “Chicago Tonight,” Dec. 11, 1997.

“Finding a Job in the Field of Information Technology Law,” John Marshall Law School Information Technology Law Society, Dec. 1, 1997.

“Copyrights and Trademarks in the On-Line World,” CLE Online, on-line continuing legal education seminar, Nov. 13-Nov. 21, 1997.

“Law on the Electronic Frontier,” Council for the Advancement and Support of Education, “Management Institute for Senior Communications Professionals” conference, Nov. 6, 1997.

Roundtable participant, Microsoft and anti-trust, Fox News Channel, “Fox in Depth,” Oct. 21, 1997.

Roundtable participant, “Cyberporn and Sex Chat,” Fox News Channel, “Fox in Depth,” Oct. 6, 1997.

Presentation on copyright law and electronic publishing, Council for the Advancement and Support of Education, “Public Relations and Publications in Cyberspace” conference, Apr. 4, 1997.

“Internet Torts, the Work Place & Cyberspace,” The John Marshall Law School Center for Information Technology and Privacy Law and The Chicago Bar Association Computer Law Committee, “Internet & Web Law: Online Commerce and Law,” Feb. 13, 1997.

In-house training session on current Internet law developments, BBN Corporation, Feb. 10, 1997.

Presentation on copyright law in the computer context, Computer Professionals for Social Responsibility, Chicago chapter meeting, Dec. 10, 1996.

Guest lecture, state issues in Internet law, University of Iowa College of Law, “91:318, Law of Electronic Media,” Dec. 4, 1996.

Guest lecture, copyright law on the Internet, University of Iowa College of Law, “91:318, Law of Electronic Media,” Nov. 13, 1996.

Workshop presentation, legal issues to consider when setting up an Internet presence, Faulkner & Gray, “Credit Card Marketing Conference ’96,” Nov. 10, 1996.

“Responsibility and Liability,” Argonne National Laboratory & Associated Colleges of the Chicago Area, “Fall 1996 ACCA Computer Science Seminar Series,” Nov. 5, 1996.

Panelist at “Legal Liability for Information System Security Compliance Failures,” National Security Agency's National Computer Security Center & The National Institute for Standards and Technology, “19th Annual Information Systems Security Conference,” Oct. 23, 1996.

Panelist at “Copyright, Fair Use & Freedom of Expression” program, International Communication Association, May 24, 1996.

“The Internet and Copyright Law,” Wisconsin Intellectual Property Law Association, May 22, 1996.

“An Overview of Copyright Law on the Internet,” Illinois State Bar Association Standing Committee on Media Law & The John Marshall Law School Center for Informatics Law, “A Journalist’s and Lawyer’s Guide to the Internet and the Law” conference, May 9, 1996.

“Policies and the Law,” Council for the Advancement and Support of Education “Public Relations and Publications in Cyberspace” conference, Apr. 26, 1996.

Presentation on copyright law and electronic distribution, Writer’s Workshop, Feb. 29, 1996.

“Legal and Copyright Issues,” Agricultural Communicators in Education, “Mastering the Web” conference, Nov. 3, 1995.

“Copyright Law and Liability Issues for Electronic Publishing and Distribution,” Purdue InfoMasters (and a videoconferenced Civil Engineering class), Sept. 20, 1995.

“Encryption and Communicating on On-Line Services,” Chicago Bar Association Computer Law Committee, Sept. 19, 1995.

“Copyright in Electronic Media: Obstacle or Innovator?” Illinois Library Association, May 2, 1995 annual meeting pre-conference seminar.

“Uses of the Internet for Lawyers,” Chicago Bar Association Computer Law Committee, Feb. 21, 1995.