David Opderbeck

Professor David Opderbeck

Professor of Law, Co-Director of the Institute for Privacy Protection, and Co-Director of the Gibbons Institute for Law Science and Technology

  • Degrees:

  • Ph.D., University of Nottingham | LL.M., New York University School of Law | J.D., Seton Hall Law School | B.A., Gordon College

  • Contact:

  • [email protected]
  • Tel: 973-642-8496
  • SSRN Site link
  • Curriculum Vitae

  • Courses:

  • Intellectual Property, Torts

David Opderbeck is Professor of Law and Co-Director of the Gibbons Institute of Law, Science & Technology. His work focuses on intellectual property, cybersecurity and technology law and policy. David's publications concerning cybersecurity law and policy consider the law and economics of data breach litigation and executive power in cyber emergencies. He recently administered a multi-year project at the Law School funded by the Bergen County Prosecutor's Office that convened special programs and government working groups on cybersecurity issues. In the intellectual property field, David's work examines issues such as settlements in Hatch-Waxman litigation, cybersecurity policy, intellectual property restrictions on essential medicines in developing countries, open source biotechnology, patent damages reform, and the interaction of law and social norms concerning music file sharing.

Professor Opderbeck is also interested in the relationship between law, theology and science. He recently completed a Ph.D. in Systematic and Philosophical Theology at the University of Nottingham, where his thesis offered a theological appraisal of the emerging discipline of “neurolaw.” Prior to his academic career, David was a Partner in the Intellectual Property / Information Technology practice at McCarter & English, LLP.

Professor Opderbeck maintains a website relating to his work at http://www.davidopderbeck.com. He also, blogs at thecybersecuritylawyer.com and can be found on Twitter at @cyberseclawyer.

SELECTED PUBLICATIONS

LAW REVIEW ARTICLES

The Skeleton in the Hard Drive: Encryption and the Fifth Amendment, 69 Fla. L. Rev. 883 (2018) (Examines Fifth Amendment right against self-incrimination as applied to decryption keys and related passwords.)

Encryption Policy and Law Enforcement in the Cloud, 49 Conn. L. Rev. 1657 Symposium (2017) (Evaluates legal and policy frameworks for strong consumer encryption relating to cloud-based technologies.)

Lex Machina Non Est: A Response to Mark Lemley's "Faith-Based Intellectual Property", 55 U. Louisville L. Rev. 219 (2017) (Argues for the application of religious and other ethical norms to intellectual property theory.)

Current Developments in Data Breach Litigation: Article III Standing after Clapper, 67 S.C. L. Rev. 599 Symposium (2016) (Surveys case law concerning Article III standing in recent consumer data breach litigation.)

Cybersecurity, Data Breaches, and the Economic Loss Doctrine, 75 Maryland L. Rev. 935 (2016)

Drone Courts, 44 Rutgers L.J. 413 (2014)

The Problem With NeuroLaw, 58 St. Louis Univ. L.J. 497 (2014)

Towards a Theology of Intellectual Property as Social Relations, 10 St. Thomas L.J. 738 Symposium (2014)

Does the Communications Act of 1934 Contain a Hidden Internet Kill Switch, 65 Federal Communications Law J. 1 (2013)

Social Network Analysis of Patents and Trade Secrets as Social Relations, 41 Aipla Q. 355 (2013)

Cybersecurity and Executive Power, 89 Washington U. L. Rev. 795 (2012)

Rational Competition Policy and Reverse Payment Settlements Under the Hatch-Waxman Act, 98 Georgetown L.J. 1303 (2010)

Deconstructing Jefferson’s Candle: Towards a Critical Realist Approach to Cultural Environmentalism and Information Policy, 49 Jurimetrics 203 (2009)

Patent Damages and the Shape of Patent Law, 89 Boston University Law Review 127 (2009)

A Virtue Ethics Approach to the Biotechnology Commons (or, The Virtuous Penguin), 59 Maine Law Rev. 316 Symposium (2007)

The Penguin’s Paradox: The Political Economy of International Intellectual Property and the Paradox of Open Source, 18 Stanford Law & Policy Rev. 101 Symposium (2007)

Patents, Essential Medicines, and the Innovation Game, 58 Vanderbilt Law Review 501 (2005)

Peer-to-Peer Networks, Technological Darwinism, and Intellectual Property Reverse Private Attorney General Litigation, 20 Berkeley Technology Law J. 1 (2005)

The Penguin’s Genome, or Coase and Open Source Biotechnology, 18 Harvard Journal of Law and Technology 168 (2004)

OTHER PUBLICATIONS

Can Origen Help Us Understand Adam, New Blackfriars, 99:1083, 561-577 (August 2018) (Recovers insights from Origen of Alexandria on human nature.)

Cybersecurity, Encryption, and Corporate Social Responsibility, 18 Geo. J. Int'l. Affairs 105 (2017) (Applies CSR principles to corporate entities that supply private encryption and security technologies.)

Apple v. FBI:, Brief in Support of Neither Party, with Prof. Justin (Gus) Hurwitz (2016 (submitted but not filed))

ICANN’s Transition Proposal, New Jersey Law Journal (June 17, 2016)

Implications of the Google Books Project Settlement for the Global Library Community, International Information & Library Review 48:3, 190-195 (2016) (Survey of the Google Books litigation for information science and library professionals.)

Preparing for Cybersecurity Incidents: Insurance Considerations, PLI Think Like a Lawyer Talk Like a Geek (2016)

Recent Developments in Cybersurveillance, New Jersey Law Journal (May 13, 2016)

The Apple iPhone Unlock Showdown: What is at Stake?, New Jersey Law Journal (March 7, 2016)

Brief of Amicus Curiae, Prof. Opderbeck Supported by the Mass. Chiefs of Police Ass’n; & NW3C, Inc., Commonwealth v. Gelfgatt, II N.E.3d 605 (Mass. 2014) (SJC-11358)

FTC v. Actavis, Brief in Support of Neither Party, with Prof. Erik Lillquist, 133 S. Ct. 2223 (2013)

PRESENTATIONS

Full list of presentations available in Curriculum Vitae

Civil Liability for Data Breaches, “Data Breach Litigation Update", South Carolina Law Review, Symposium (February 2016)

Cybersecurity Compliance Issues, Compliance Week, New York, NY (May 2016)

Cybersecurity for Law Firms, New Jersey Institute for Continuing Legal Education, New Brunswick, NJ (May 2016)

Data Breaches and the Economic Loss Doctrine in the Payment Card Industry, Program on Economics & Privacy, Digital Information Policy Scholars Conference, George Mason University Law School (April 2016)

Philosophy of Intellectual Property Roundtable, George Mason University Law School, Discussant, Jekyll Island, Georgia (May 2016)

Dealing With Hackers, Practicing Law Institute, New York, NY (November 2015)

Dealing With Hackers, Itechlaw 2014 World Technology Law Conference, New York, NY (May 2014)

The NSA is/and the Antichrist, Religious Legal Theory Conference, Emory Law School (March 2014)

Cyber Threats and Network Security Countermeasures: Keeping Your Intellectual Property and Secret Safe, American Bar Association Webinar (May 2013)

Federal Circuit Year in Review, Seton Hall University, Gibbons Institute of Law, Science & Technology (September 2013)

Law and the Human Person Roundtable, University of Notre Dame Law School, South Bend, IN, Organizer and Moderator (April 2013)

Mobile Payment Systems and Cybersecurity, New York State Wireless Association Meeting, New York, NY (June 2013)

Towards a Theology of Intellectual Property as Social Relations, University of St. Thomas Law School, Minneapolis, MN, Intellectual Property and Religious Though Conference, (March 2013)

Beyond Bits, Memes and Utility Machines:  Intellectual Property, Theology, and Metaphysics, Religious Legal Theory Conference, Pepperdine Law School, California (February 2012)

Cybersecurity Law Update, New Jersey Prosecutors’ College, Atlantic City, NJ (September 2012)

Cybersecurity, Cyberwar, Cyberterrorism, and Civil Rights, U.S. Military Academy, West Point, NY (April 2012)

Does the Communications Act of 1934 Provide an Internet Kill Switch?, Internet Law Works in Progress Conference, New York Law School (March 2012)

International Intellectual Property and Access to Medicines, L'École Supérieure Catholique de Droit de Jérémie, Haiti (March 2012)

Think Like a Lawyer, Talk Like a Geek:  Dealing With Hackers, Practicing Law Institute, New York, NY (November 2012)

Computer Crimes and Cyber-Terrorism, New Jersey Marine Corps Reserve Terrorism Symposium, New Jersey Institute of Technology (October 2011)

Computer Crimes Update, New Jersey Prosecutor’s College, Atlantic City, (September 2011)

Computer Crimes Update, New Jersey Public Defender’s CLE, Trenton, (November 2011)

Symposium, Preparing for a Pharmaceutical Response to Pandemic Flu, Seton Hall Law School, October 2008: “State Sovereignty, Flu Viruses, and Intellectual Property.” (October 2008)

Symposium, The Evolution of Life-Saving Drugs: The Open Source Model and Beyond, Temple Journal of Science, Technology and Environmental Law, Temple Law School, February 2006: “Challenges for Open Source Biotechnology.” (February 2006)

Symposium, Peer-to-Peer Networking at the Crossroads, Seton Hall University Law School, April 2004: “Copynorms and Filesharing Litigation.” (April 2004)