Mark C. Mao

Partner

San Francisco
Business Phone: 415.477.5717
Business Fax: 415.477.5710

mark.mao@troutman.com

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Hsiao ("Mark") Mao focuses primarily on intellectual property (IP) and data privacy. Mark has resolved more than 400 cases in litigation and advised organizations on hundreds of products and services. He assists companies throughout various business and product life cycles for their evolving IP needs, in addition to their questions regarding data privacy.

Mark has successfully defended numerous organizations through difficult IP disputes, including patent, trade secret, and copyright and trademark litigation. In addition, he frequently handles litigation involving technology errors and omissions (Tech E&O) and directors and officers (D&O) of technology companies. The consumer class actions he resolves often include evolving privacy and regulatory issues, such as in the areas of data breach and misuse, wiretap acts, the Fair Credit Reporting Act (FCRA), and unfair and deceptive acts and practices (UDAP) litigation.

Mark advises and litigates on behalf of companies across a broad spectrum of data-driven products, including:

  • The Internet of Things (IoT)
  • Autonomous vehicles (AV)
  • Smart infrastructure
  • Automation/machine-learning (AI)
  • Real-time targeting technologies
  • Shared-economies
  • Augmented and virtual reality (AR & VR)
  • Gaming
  • Fin-tech
  • Blockchain technology
  • Aggregation technologies
  • Broadband
  • Security software and hardware

A well-recognized leader in the privacy field, Mark is certified by the International Association of Privacy Professionals (IAPP) and was one of its first Fellows of Information Privacy (FIP). He is also a certified Information Privacy Technologist (CIPT) and a Certified Information Privacy Professional for the United States (CIPP/US). Mark was previously an IT-consultant at Arthur Andersen Consulting LLP, implementing database software.

For years, Mark has served as a go-to source for numerous publications in their data privacy and cybersecurity reporting. As a prolific speaker on intellectual property and privacy, Mark frequently presents at industry conferences nationwide. Benchmark Litigation named Mark to its “40 & Under Hot List” in 2018, and Martindale-Hubbell has consistently named Mark a “Platinum Client Champion.”

Representative Matters

  • Obtained dismissal in case involving alleged violations of consumer protection laws by misuse of aggregated real estate appraisal and insurance data
  • Obtained favorable resolution in dispute involving cyberhack of initial cryptocurrency offering on social media platform.
  • Obtained favorable resolution in numerous business to business litigation involving alleged discrepancies in reported results for targeted advertising services.
  • Obtained dismissal in data misuse class action involving short-term loans data.
  • Obtained favorable resolution in competitor patent litigation involving a mechanical patent.
  • Obtained favorable resolution in data breach litigation involving malicious intrusion through vendor network.
  • Obtained dismissals in competitor patent litigation involving mechanical patents, partly by collateral IPR proceedings.
  • Obtained dismissal in data misuse class action involving sound-based beacon technology.
  • Prevented litigation in pre-litigation dispute involving vulnerability in malware protection software relating to millions of application users.
  • Defeated class certification in data misuse class action involving use of driver’s license data.
  • Obtained favorable resolution in data breach class action involving malicious code injection.
  • Obtained favorable resolution in data breach class action involving web application vulnerability relating to over two hundred thousand consumers.
  • Prevented litigation in pre-litigation dispute involving predictive artificial intelligence technology for use in marketing data analytics.
  • Obtained favorable resolution in business to business litigation involving fraudulent transfer of funds.
  • Obtained dismissal in data breach class action relating to over six million consumers.
  • Obtained dismissal in competitor patent litigation involving mechanical patents.
  • Obtained favorable resolution in software copyright litigation involving total number of virtual and actual users.
  • Obtained favorable resolution in software contract dispute involving database support.
  • Handled over a hundred data breaches and incidents, involving numerous variants of attacks and vulnerabilities.
  • Advised and supported organizations and individuals on hundreds of data-based products and services, on issues relating to intellectual property, data use, and cybersecurity.

Publications

Presentations and Speaking Engagements

  • “Financial Privacy and Security,” American Bar Association: Ninth Annual National Institute on Consumer Financial Services Basics, October 11, 2018.
  • “Blockchain & Its Impact On Insurance,” NetDiligence Cyber Risk Summit, October 3, 2018.
  • “Data Use In a New Connected World (2018),” Southern California Association of Corporate Counsel, August 8, 2018.
  • "Piracy Privacy: Autonomous Cars & Privacy Concerns," KUCI 88.9, June 11, 2018.
  • “Data Privacy 101 For Real Estate Attorneys (2018),” California Association of Realtors, May 4, 2018.
  • “Data Breach! The Impact of Recent High Profile Data Breaches,” Troutman Sanders LLP, February 20, 2018.
  • “Regulation Update,” Advisen Cyber Risk Insights Conference, February 13, 2018.
  • “What Does It Take to Insure a Law Firm Against Cyber Risks?,” Duff & Phelps’ Law Firm Cyber Security Summit, February 8, 2018.
  • “Diversity & Tech,” Troutman Sanders LLP & UC Hastings School of The Law, January 29, 2018.
  • “Connected Things And Autonomous Cars: The Future of Post-Spokeo Litigation,” Berkeley Information Privacy Law Association, October 31, 2017.
  • “PCI Compliance And The Security of Payments,” NetDiligence Cyber Risk & Privacy Liability Forum, October 12, 2017.
  • “How to Underwrite Emerging Connective Technologies,” PLUS, October 2, 2017.
  • "Patent Damages." U.C. Berkeley School of Law, September 1, 2017
  • “Data Use In a New Connected World (2017),” Troutman Sanders, May-June 2017.
  • “Data Privacy 101 For Real Estate Attorneys (2017),” Troutman Sanders, February 23, 2017.
  • “Cross-Border Privacy Issues And Jurisdictional Differences,” 32nd Global Legal & IP ConfEx, February 23, 2017.
  • “Employment Law: Five Areas to Watch In 2017,” LexisNexis, February 22, 2017.
  • “B2B Privacy Claims,” Data Privacy Litigation & Investigation Forum 2017 (HB Litigation Conferences), January 24, 2017.
  • “Regulator & Enforcement Perspectives: Role of Government Agencies & How to Work With Them,” Data Privacy Litigation & Investigation Forum 2017 (HB Litigation Conferences), January 24, 2017.
  • Developments With Cyber Liability Litigation, Handling Privacy Class Actions In Light of Spokeo Decision, And Recent Developments In Cyber Insurance Coverage Litigation, ACI 14th Advanced Forum On Cyber & Data Risk Insurance, December 1, 2016.
  • "Advanced Data Use & Security – Lessons From Privacy Litigation," ACC SoCal ACCess, November 2, 2016.
  • "Standard of Care," NetDiligence Cyber Risk & Privacy Liability Forum, October 18, 2016.
  • "Big Data In The Privacy Context: Impact of The FTC's Report On Use of Big Data And a Look Into How Big Data Will Be Regulated In The Future," ACI 20th Advanced Global Legal And Compliance Forum, October 13, 2016.
  • On Augmented Reality,KUCI 88.9, August 29, 2016.
  • "Unresolved Issues & Advanced Strategies in Data Privacy Litigation," Troutman Sanders, August 23, 2016.
  • " Cross-Device Targeting: What Is It?; What Are the Risks?; What Should a Compliance Regime Look Like?; and a Brief Focus on Regulation and Self-Regulation Regarding Targeted Advertising to Mobile Devices," ACI 19th Advanced Global Legal and Compliance Forum on Cyber Security and Data Privacy & Protection, June 24, 2016.
  • The Three T’s of the Digital Economy: Technology, Threat and Trust,Chertoff Group Security Series, May 19, 2016.
  • The Apple vs. FBI Crypto Debate,The Information Security Media Group (iSMG), March 23, 2016.
  • High Exposure Litigation,The CEU Institute, March 22, 2016.
  • Privacy Issues in Mobile Healthcare,Troutman Sanders Second Annual Pharma Law Conference, March 3, 2016.
  • "Cars, Cars, Cars!!!" ABA Midyear Meeting, February 4, 2016.
  • "The Rising Specter of Cyber Risks For Directors & Officers," PLUS, August 3, 2015.
  • " On Emerging Cyber-Breach Cases, KUCI 88.9, July 6, 2015.
  • " On Writing Privacy Policies," KUCI 88.9, February 16, 2015.
  • " Privacy Piracy: Wearable Technology and Big Data Regulations," KUCI 88.9, September 10, 2014.
  • "On ‘Canvas Fingerprinting,’" Daily Journal’s Video Interview, August 27, 2014.

Professional and Community Involvement

  • Professional Liability Underwriting Society (PLUS), Northern California Chapter, Committee Member

Rankings and Recognition

  • Named to “40 & Under Hot List” by Benchmark Litigation (2018)
  • Named "Platinum Client Champion" by Martindale-Hubbell (2017-2018).
  • Named a “Rising Star” by Super Lawyers Magazine (2016-2018).

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Education

  • University of California, Berkeley, J.D., 2004
    Jurisprudence Award in Remedies
  • University of California, Berkeley, B.A., summa cum laude, 2000

Bar Admissions

  • California

Court Admissions

  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California

Languages

  • Mandarin