David Bender, Special Counsel, Data Privacy, was recently quoted in an article by Legal Tech News on large tech companies’ ability to operate overseas in the midst of gag orders prohibiting them from informing their customers of government collection.

For David Bender, special counsel of data privacy at GTC Law Group, client concerns are the driving force behind tech companies’ legal battles against gag orders. “Presumably these companies believe in 1stamendment and 4th Amendment rights, but they are fighting for their bottom line,” he said. Bender explained that public compliance with such orders can create unease in many privacy-minded consumers and business clients, especially those in the privacy-sensitive European Union.  

The problem, he added, is that adhering to these federal gag orders perpetuates “the perception, particularly in the EU, that U.S. companies are subject to constant [government] surveillance.” Insofar as these gag orders harm these companies’ integrity and reputations, therefore, tech companies’ public legal challenges will assure and potentially grow their client base, he added.

 In addition to being a recognized international expert on data privacy, David has extensive litigation, counseling, and transactional experience in Privacy, Intellectual Property, and Information Technology. David is the author of Bender on Privacy (LexisNexis 2017)Computer Law (LexisNexis, presently in Release #71), and over 100 articles in law reviews and conference proceedings. He is a frequent speaker and has made over 300 presentations in the United States and 19 other nations at conferences sponsored by various organizations. He is rated AV Preeminent by Martindale-Hubbell, was listed annually as a New York City “Super Lawyer” in IT, andwas named a Ponemon Fellow in 2017. He presently teaches Privacy Law as an Adjunct Professor at the University of Houston and Pace University. He is admitted to the bars of New York and the US Patent and Trademark Office, and is a former president of the International Technology Law Association.