- Email: Brian.Zurich@lewisbrisbois.com
- Phone: 973.792.8754
- Fax: 973.577.6261
Brian R. Zurich, CIPP/US, is a partner in the Newark office of Lewis Brisbois and a member of the Complex Business & Commercial Litigation and Data Privacy & Cybersecurity Practices. A former in-house counsel at Wyndham Hotels & Resorts, the world’s largest hotel franchising company, Mr. Zurich has a firm understanding of the practical and legal concerns of operating a business.
Complex Business & Commercial Litigation
Mr. Zurich litigates a wide variety of business matters in all sectors in contract disputes, unfair business competition claims, construction claims, and preliminary and final injunction hearings. He also litigates a range of commercial real estate matters, including complex title disputes, tax appeals, and actions in lieu of prerogative writs defending or challenging zoning board and planning board land use decisions.
Mr. Zurich’s representative business and commercial litigation engagements include:
- Successfully defending an international telecommunications company and its United States subsidiary in a litigation involving breach of contract, quasi-contract, and tort-based claims.
- Obtaining dismissal of product liability claims asserted against the Italian subsidiary of a multinational company based upon a lack of personal jurisdiction.
- Obtaining dismissal for a pharmaceutical product manufacturer based upon federal preemption.
- Successfully opposing an order to show cause requesting a temporary restraining order and preliminary injunction regarding an alleged violation of a non-compete clause.
Data Privacy & Cybersecurity
Mr. Zurich also counsels clients regarding data privacy and cybersecurity matters, with a particular emphasis on regulatory compliance, including most recently the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR). He also assists clients with preparing for and responding to data security incidents and privacy enforcement and litigation matters. His representations involve every aspect of breach preparedness and response, from drafting incident response plans to advising on consumer and regulator notices, responding to regulators, and defending companies in litigation relating to the incident. Mr. Zurich’s experience also includes drafting and implementing privacy policies and processes, terms of service, and other governance documents, third-party vendor review, and drafting and negotiating vendor agreements such as cloud data hosting, software license, IT consulting, and Software-as-a-Service (SaaS) agreements.
Mr. Zurich’s representative data privacy and cybersecurity engagements include:
- Representing a publicly traded health care provider against claims of negligence, breach of fiduciary duty, and violation of state law arising from the loss of a laptop.
- Counseling a university regarding unauthorized access to student financial and medical records.
- Preparing and sending data breach notification letters to consumers and state agencies for an international automobile manufacturer.
- Successfully defending a public education authority against Telephone Consumer Protection Act (TCPA) and other tort-based claims.
After graduating law school, Mr. Zurich clerked for the Hon. Earl S. Hines, United States District Court for the Eastern District of Texas.
- "How to Avoid and Respond to a Cybersecurity Breach," Westlaw (Volume 33, Issue 7), September 11, 2015.
- "D&O’s Best Defense Against Shareholder Demands Over Cybersecurity," Cyber Risk Network, January 7, 2015.
- "Ethical Issues that Arise from Social Media Use in Courtrooms," New Jersey Lawyer Magazine, October 14, 2013.
Certified Information Privacy Professional (CIPP/US)
State Bar Admissions
- New Jersey
- New York
Rutgers Law School