Cameron G. Shilling
Director & Chair of the Privacy and Data Security Group
City Hall Plaza,
900 Elm Street,
Manchester, NH 03101
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Cameron is a Director in our Litigation Department, and Chair of our Privacy and Data Security Group. In his 18 years as a lawyer, Cameron has managed, litigated and resolved numerous commercial matters involving business, technology, and employment issues in New Hampshire, Massachusetts, New England, and around the country. His education and depth of legal experience, as well as his professional interests and passions, are strengths that Cameron leverages to provide the highest quality counseling and litigation services to clients.
Drawing on deep experience with complex commercial litigation, Cameron has developed particular areas of expertise in business, technology and employment litigation. He is adept at disputes concerning misappropriation of trade secrets, and breaches of non-competition and non-disclosure agreements. Likewise, cases involving corporate and shareholder disputes, breaches of the duty of loyalty, and unfair competition are areas in which he excels. Cameron’s aptitudes with technology and commercial litigation also have enabled him to develop an extensive body of knowledge and skill with electronic discovery.
Combining his business, technology and employment interests, Cameron has developed a depth and breadth of experience in privacy and data security. His résumé includes managing data security audits, preparing and implementing written security policies, addressing day-to-day security issues, and investigating and remediating security breaches. Cameron has dealt with these issues under a wide range of state and federal laws, including the Gramm-Leach-Blilely Act (GLB), Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH), Securities and Exchange Commission (SEC) regulations, Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), and a number of state data security laws.
Cameron received a J.D. from Cornell Law School in 1995, and a B.A. from Lewis & Clark College in Portland, Oregon in 1992, with honors in Business. While in law school, he interned for United States District Court Judge Royce Lamberth in Washington, D.C.Areas of Focus
- Business Litigation
- Labor & Employment Law
- Privacy and Data Security
- Labor & Employment
- Privacy and Data Security
- Privacy and Data Security
- Create and implement data security policies for businesses under Massachusetts’ data security regulations, including a variety of retailers (online and bricks & mortar), mobile application developers, manufacturers, and service providers.
- Create and implement security and privacy policies and statements and business associate agreements for health care providers and other businesses subject to the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH).
- Advise independent schools in Massachusetts and New Hampshire regarding necessary and appropriate document and data management systems, information use and social media policies, and data security policies and practices.
- Create and implement data security policies and information use policies for financial advisors and wealth managers in compliance with Massachusetts’ data security regulations, and the regulations and guidance issued by the United States Securities and Exchange Commission (SEC).
- Create and implement social media policies for numerous businesses that provide a wide range of products and services.
- Prepared and obtained Safe Harbor Certifications from the United States Department of Commerce pursuant to the US-EU Privacy Program.
- Investigated, remediated and provided notices to employees and State Attorneys General where a company’s online hosted payroll system was maliciously hacked and payroll payments were redirected to the hacker’s bank accounts.
- Investigated data security breach involving theft of an iPhone owned by an employee of a medical practice. Prepared analysis of the likelihood of breach under the regulations issued pursuant to the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health Act (HITECH). Remediated breach through restructuring of data security policies and procedures.
- Forensic analysis of the scope of a data breach that occurred when a virus sent emails to the wrong patients of a medical practice. Worked with the practice and a software developer to remedy the circumstances of the breach. Created and sent notices of the breach to the affected patients, State Attorneys General, and federal Government.
- Forensic analysis of the nature and extent of a data security breach when a hacker accessed the network of a company that provides online financial database services. Worked with client and third party service providers to remediate data security breach. Create and send notices to individuals affected by breach and several State Attorneys General.
- Represented a Massachusetts retailer in an investigation of a data security breach caused by an Internet hacker. Coordinated with state and federal law enforcement authorities, and provided notices to individuals under Massachusetts’ data security regulations.
- Responded to a data security breach at an environmental consulting services company caused by the theft of the laptop of its Director of IT.
- Responded to a data security breach at a financial services company caused by the theft of a laptop used by its advisors.
- Forensic interception of data transmitted by employee using company laptop during investigation of data security breach and computer fraud. Worked with company to remedy circumstances of breach, and provide notice to affected individuals concerning breach.
Non-Competition and Trade Secret Litigation
- PC Connection, Inc. v. Newegg, Inc. and Merle McIntosh, United States District Court, New Hampshire. Defended one of the largest worldwide online retailers of computer and electronics equipment and an individual defendant against claims for breach of a non-competition agreement, interference with contract, misappropriation of trade secrets, and unfair competition.
- Donlen Corporation v. Merchants Automotive Group, Inc., Circuit Court of Cook County, Illinois. Defended national vehicle fleet leasing company and four individual defendants against claims for breach of non-solicitation agreements, interference with contract, misappropriation of trade secrets, and unfair competition.
- Boston Analytical v. Michael Mrvos, New Hampshire Superior Court. Defended former employee of pharmaceutical testing laboratory against claims for breach of a non-competition agreement, interference with contract, and misappropriation of trade secrets.
- Direct Mail Holding, LLC v. June Bush et al., United States District Court, Middle District of Florida, and District Court of Bexar County, Texas. Brought lawsuit against former employee and her new business partners for conspiracy, breach of a non-competition agreement, breach of duties of loyalty, interference with contract, and misappropriation of trade secrets, and unfair competition.
- Global Resource Technologies, Inc. v. Cleaves et al., New Hampshire Superior Court, Business and Commercial Dispute Docket. Avoided entry of preliminary injunction against client under non-competition and non-disclosure agreement where client developed new mobile app independently from former employer’s mobile app.
- ANSYS, Inc. v. Computational Dynamics North America, Ltd. et al., United States District Court in New Hampshire and First Circuit Court of Appeals. Represented developer and distributor of high tech engineering software in action against its primary competitor and former employee for violations of and interference with non-competition agreements, misappropriation of trade secrets, and unfair competition.
- Allot Communications, Ltd. v. Cullen, New Hampshire Superior Court, Business and Commercial Dispute Docket. Represented global leader in broadband network optimization industry in action seeking injunction to prevent inevitable disclosure of trade secrets.
- Hoffman Engineering Corporation v. Sapphire Solutions, LLC, United States District Court in North Carolina. Represented the largest manufacturer in the United States of highly specialized light measurement equipment in an action against its former senior product engineer for misappropriating its trade secrets by using them to manufacture highly complex equipment in direct competition with the company.
- Integrated Labeling Systems, Inc. v. Avalon Integration, Inc., United States District Court in New Hampshire. Represented one of the largest domestic manufacturers of radio frequency infrared devices (RFID) for the packaging industry in an action against its former regional sales director and his new employer for breach of the sales director’s non-competition agreement and misappropriation of trade secrets.
- Bauer Nike Hockey USA, Inc. v. Champagne, New Hampshire Superior Court. Obtained preliminary injunction preventing former vice president of product development from working for direct competitor based on inevitable disclosure of trade secrets.
- Labsphere, Inc. v. SphereOptics Hoffman, LLC, New Hampshire Superior Court. Defended a start-up company in the high tech area of integrating spheres and the four founders of the company against claims brought by the founders’ former employer that the new company’s technology was based on the former employer’s trade secrets.
- M . Braun, Inc. v. LC Technology Solutions, Inc., New Hampshire Superior Court. Defended start-up company and its founder against claims brought by founder’s former employer, a large manufacturer of devices used to conduct scientific experiments, alleging that the founder misappropriated the plaintiff’s trade secrets.
- Tri State Fire Protection, LLC v. Ultimate Fire Protection, New Hampshire Superior Court. Represented major New Hampshire based fire protection system installation and inspection company in lawsuit against former employee and regional competitor for the misappropriation of its confidential customer information. Obtained a court order preventing the competitor and former employee from competing with respect to certain customers for a specified period of time.
- Netria Corporation v. First Trade Solutions, Ltd., New Hampshire Superior Court.Represented computer equipment broker in an action to enforce non-competition agreement against its former employees, and to prevent its former employees and a competitor from misappropriating its confidential customer and business information and from competing unlawfully. Successfully obtained a preliminary injunction and court order imposing monetary and evidentiary sanctions for destruction of evidence.
- TechExcess, LLC v. Taubensee, New Hampshire Superior Court. Represent an on-line retailer of specialized computer equipment against its former lead internet salesman in an action for breach of his fiduciary duties and non-competition agreement when he used the company’s confidential information to start a directly competing on-line site.
- Jyco Sealing Technologies, Inc. v. Hutchinson Sealing Systems, Inc., United States District Court in New Hampshire. Represented original equipment manufacturer of specialty seals for the automotive industry in lawsuit against its former chief technical engineer and its primary competitor involving misappropriation of its proprietary manufacturing processes through the inevitable use of its trade secrets.
- Hilb, Rogal & Hobbs Company v. USI Insurance, Inc., New Hampshire Superior Court. Represented one of the largest insurance intermediaries in the world in an action against one of its primary domestic competitors and its former New Hampshire manager in an action to enforce the manager’s non-competition agreement and to recover damages for breach of contract and interference with the agreement.
- Regional Service Center, Inc. v. Unit Dose Solutions, LLC, United States District Court in North Carolina. Represented largest unit dose re-packager of pharmaceuticals in the United States in an action for violation of a technology licensing agreement and for misappropriation of trade secrets related to a highly confidential process & procedure manual and proprietary software program.
- Southern New Hampshire Internal Medicine Associates v. Hanlon, New Hampshire Superior Court. Represented medical practice against one of its former physicians, and obtained a preliminary injunction preventing him from violating his non-competition agreement by starting a competing practice under hospital employment.
- Atlantic Cardiology Associates v. Goodkin, New Hampshire Superior Court. Represented medical practice against one of its former physicians to obtain a preliminary injunction enforcing physician’s non-competition agreement and prohibiting physician from further violating his fiduciary duties.
- C3 Supply, LLC v. Carol L. Mitchell, New Hampshire Superior Court. Represented a company that provides specialized construction materials for high-end residences against its former vice president for breaching her fiduciary duties by starting and operating a competing business while she was still employed by the company and then misappropriating and using the company’s confidential customer information for her competing business.
- Turner Group, Inc. v. Harriman Associates et al., New Hampshire Superior Court. Represented one of the State’s largest architectural and engineering firm to obtain an injunction against its former director of engineering and his new employer to prevent them from misappropriating the client’s proprietary software and engineering programs for a highly specialized heating and ventilation system.
- GMI Asphalt, LLC v. Vincent P. Miner, New Hampshire Superior Court, Business and Commercial Dispute Docket. Successfully obtained preliminary injunction prohibiting former employee from soliciting or providing services to company’s customers on the basis that employee had breached his fiduciary duties to company.
- Clear Cast Group, Inc. v. Bilt Management Corporation, United States District Court in Ohio. Defended former vice president of plaintiff and vice president’s company against claims by his former employer that he had misappropriated trade secrets, and that he and his new company were competing unfairly.
- Corning Data Services, Inc. v. Kermick, United States District Court in the Northern District of New York. Defend an individual against allegations made by his former employer that he had breached his fiduciary duties by joining a competitor after his resignation from the company, even though he had no non-competition agreement.
- Ardex, Inc. v. DryTek Flooring Solutions, Inc., United States District Court in Puerto Rico. Defended one of the largest domestic manufacturers of self-leveling cement in a case brought by the largest global manufacturer of such products alleging misappropriation of trade secrets by the plaintiff’s former sales representative in Puerto Rico.
- Paper Thermometer Company, Inc. v. Duerig, United States District Court in New Hampshire. Defended former shareholders in action for copyright infringement, breach of a purchase and sale agreement, and rescission of $5 million promissory note.
- Witaschek v. The Harbor Group, Inc., New Hampshire Superior Court, Business and Commercial Dispute Docket. Represented a financial services company and its two owners in an action brought by a former employee claiming ownership in the company and a right to transfer clients to his new employer.
- WHB Concert Productions, LLC v. New England Audio Technologies, LLC, New Hampshire Superior Court. Represented the part owner of a company that provides and installs specialized audio and visual equipment for concert venues in an action to assert his right to re-take sole management control over the company and recover the amount that defendant was obligated to pay when it purchased a portion of his company.
- Stone v. New England Document Systems, Inc., New Hampshire Superior Court. Defended document and data storage company against claims by a shareholder and former employee of company for breach of shareholder agreements, judicially compelled dividends, claim for shareholder freeze-out, and judicial dissolution.
- Wolfe v. Contact Telecom, LLC et al., New Hampshire Superior Court, Business and Commercial Dispute Docket. Represented a telecommunications company and two of its owners in an action brought by the third owner alleging a shareholder freeze-out and seeking a buy-out of his ownership interests.
- IDEaCOM Integrated Technologies, Inc. v. SIGNET Electronic Systems, Inc., United States District Court in Massachusetts. Represented a telecommunications company in an action to enforce its rights under a purchase and sale agreement and challenge the enforceability of restrictive covenants in the agreement.
- Mitsubishi International Corp. v. Global Resource Options, Inc., United States District Court in the Southern District of New York. Defend one of the largest manufacturers in the United States of renewable energy systems for residential homes against in an action to recover for liabilities incurred by a company that it had acquired.
- Car Component Technologies, Inc. v. B&U Corp., United States District Court in the Eastern District of Michigan. Represented largest domestic remanufacturer of used automobile axles in a breach of contract action against the designer and manufacture of two highly specialized pieces of capital equipment.
- Seko Benelux, B.V. v. Quadriga Art, Inc., New York Supreme Court, Trial Division. Represented largest provider of direct mail services to charitable organizations in action brought by a Belgian supplier. Counterclaims alleging that the supplier caused over a million dollars of damages by failing to timely handle a direct mail project.
- DeZaine et al. v. Applebee’s International, Inc., New Hampshire Superior Court. Defended restaurant chain against claims by a class of employees under the New Hampshire Wage Law based on the company’s nationwide tip sharing agreement.
- Benoit et al. v. Stom Companies, Inc., Massachusetts Superior Court. Defended New Hampshire and Massachusetts based seal coating company against class of plaintiffs alleging that the employer failed to pay them the applicable rate under Massachusetts labor laws.
- Rosado v. ETC Service Solutions, Inc., Massachusetts Superior Court. Defended a residential cable installation company in an action brought by its former employees challenging the company’s designation of its drivers as independent contractors.
- Massachusetts Laborers’ Health and Welfare Fund v. New Hampshire Boring, Inc., United States District Court in Massachusetts. Defended New Hampshire and Massachusetts based well drilling company against claims asserted by several union pension funds under ERISA and the Labor Management Relations Act alleging that the employer failed to make all necessary contributions to the funds.
- McCarthy v. Mectrol Corp., United States District Court in New Hampshire. Represented manufacturer in disability discrimination claim under the Americans with Disabilities Act.
- Knight v. Industrial Distribution Group, Inc., United States District Court in New Hampshire. Defended one of the largest distributors of industrial goods on the East Coast in an action for discrimination, failure to reinstate, and retaliation under the Family and Medical Leave Act.
- Bernier v. Container Manufacturing Co., United States District Court in New Hampshire. Defended manufacturing company against claims of pregnancy discrimination under Title VII and the New Hampshire Law Against Discrimination.
- Quiles v. Quadriga Art, Inc., United States District Court in New Jersey. Defended largest worldwide provider of direct mail services to non-profit organizations in an action brought by one of its former managers claiming interference and retaliation under the Family and Medical Leave Act.
- Gomez v. Quadriga Art, LLC, United States District Court in the Northern District of Texas. Defended largest worldwide provider of direct mail services to charitable organizations in action brought by a former employee alleging race discrimination, retaliation under the Family and Medical Leave Act, and wrongful termination.
- Remick v. Consolidated Utility and Equipment Corp., New Hampshire Superior Court. Defended manufacturer of specialty commercial trucks against claims by its former controller of whistle blowing and wrongful termination related to alleged complaint about tax accounting practices.
- Vasseaur v. Paul Davis Restoration, New Hampshire Superior Court. Represent the New Hampshire franchisee of a national residential fire restoration company against wage claims asserted by a former salesperson.
- Welsh v. Dare Mighty Things, Inc., United States District Court in Massachusetts. Defended an employer against a claim asserted by the spouse of one of its employees alleging that the employer was liable for intentional infliction of emotional distress arising out of an affair between the plaintiff’s spouse and another co-worker. Successfully obtained a judgment dismissing the case for failure to state a claim.
- New Hampshire Supreme Court – New Hampshire Bar
- Massachusetts Supreme Judicial Court – Massachusetts Bar
- U.S. Court of Appeals for the First Circuit
- U.S. District Court in New Hampshire
- U.S. Bankruptcy Court in New Hampshire
- U.S. District Court in Massachusetts
- U.S. District Court in Connecticut (pro hac)
- U.S. District Court in New Jersey (pro hac)
- U.S. District Court in the Southern District of New York (pro hac)
- U.S. District Court in the Northern District of New York (pro hac)
- U.S. District Court in the Northern District of Ohio (pro hac)
- U.S. District Court in the Eastern District of Michigan (pro hac)
- U.S. District Court in the Eastern District of North Carolina (pro hac)
- U.S. District Court in the Middle District of Florida (pro hac)
- U.S. Tax Court
- Connecticut Superior Court (pro hac)
- New York Supreme Court, Trial Division (pro hac)
- Missouri Circuit Court (pro hac)
- Texas District Court (pro hac)
Cameron is the Editor of McLane’s Privacy and Data Security Blog (http://blog.mclane.com
). He also publishes 5-10 other articles per year, presents at business and legal meetings 10-15 times per year, and is periodically interviewed by media in his areas of expertise. The following is a sample of Cameron’s articles, presentations and interviews in the areas of business litigation, privacy and data security, technology and employment law.
- Privacy and Data Security
- HIPAA Security and Privacy Risks and Regulations (2013)
- Social Media and the NLRB – A Legal Analysis (2013)
- Digital Privacy and Data Security for Independent Schools (2012)
- Social Media and the NLRB – Businesses Beware (2012)
- Privacy and Data Security – Massachusetts and Federal Law Perspectives (2012)
- Navigating Through the Technology Jungle (2012)
- Employee Privacy in the Digital Age (2012)
- Records Management and Retention for Independent Schools (2012)
- Social Media and Data Privacy – New Hampshire Bar Association (2012)
- Privacy and Data Security: New Challenges of the Digital Age (2011)
- Quon v. City of Ontario – The United States Supreme Court’s First Foray into Digital Privacy (2011)
- Thought Leader Interview on Data Privacy (2011)
- New Hampshire Public Radio, Word of Mouth Interview on Data Privacy (2011)
- Science Café New Hampshire Interview on Data Privacy (2011)
- Companies Face Privacy and Data Security Challenges (2011)
- Digital Privacy: Ready or Not, Here It Comes (2011)
- Company vs. Employee – Social Media and Data Privacy (2011)
- Data Privacy under Massachusetts and Federal Law (2011)
- Data Privacy in Family Law Disputes (2011)
- Are Your Facebook Postings Private? (2011)
- Data Security for In-House Counsel – No Longer Someone Else’s Problem (2011)
- Data Security – Planning for the Next Major Technology Issue (2010)
- Social Media and Digital Privacy in Schools (2010)
- Data Security for Schools (2010)
- Employee Privacy in the Digital Age (2010)
- Social Media/Net 2.0 – Digital Opportunities and Perils for Managers (2010)
- Best Practices and Critical Issues to Manage Email and Electronic Data (2009)
- The Cutting Edge of Technology in the Workplace (2009)
Non-Competition Agreements and Trade Secrets
- New Hampshire’s New Non-Competition Statute Present Hidden Traps for Unwary Businesses (2012)
- Trade Secret Protection Checklist (2011)
- Confidentiality Policies and Procedures (2011)
- Protecting the Company’s Trade Secrets and Confidential Information (2011)
- Enforcement of Non-Competition Agreements in Massachusetts (2011)
- Beware the Departing Employee (2010)
- Enforceability of Non-Competition Agreements and Protection of Trade Secrets (2006)
- Businesses Beware: You May Need to Do More to Protect Your Trade Secrets and Confidential Information (2006)
- Company vs. Employee – Enforceability of Non-Competition Agreements (2005)
- Restrictive Covenants: A Multi-State Survey Of Judicial Decisions From January 2003 Through January 2004 (2004)
- Inevitable Disclosure Doctrine: A Necessary, Precise Tool For Trade Secret Law (2004)
- The Cutting Edge of Trade Secrets - How Far Should The Law Go To Prevent Misappropriation By Memory And Inevitable Disclosure? (2002)
- Injunctions in New Hampshire State and Federal Courts (2010)
- TROs and Preliminary Injunctions in New Hampshire State Courts (2008)
- Shareholder Fiduciary Duties – Freeze-Out Claims (2008)
- Electronic Discovery: Litigation Crashes into the Digital Age (2007)
- Get a Step Ahead of the Next Legal Disaster: Prepare Your Company to Manage Its Electronic Evidence (2005)
- The Ten Steps of Leave under the ADA, FMLA and Workers’ Compensation (2006)
- FMLA & NH RSA 354-A – Comparison of Rights of Pregnant Employees (2006)
- Employee Leave: Can You Harmonize the ADA, FMLA and Workers’ Compensation Laws? (2005)
- Trends in Worker Lawsuits – Where Have Employers Prevailed and Where Are You at Risk? (2004)
- Individual Liability of Business Owners, Managers and HR Professionals Under the FMLA (2003)
- U.S. Supreme Court Expands Scope of Federal Employment Law (2003)
- Businesses Must Make Internet Websites Accessible to Visually Impaired Individuals (2003)
- Americans With Disabilities Act: The Frontier of Employment Law (2002)
- Is a Business Liable for Violence in the Workplace (2002)
- Patriotism in the Workplace and the Law of Military Leave (2002)
Legal Recognitions and Positions
- Best Lawyers in America (Employment Law) (2013-present)
- Chambers USA: A Guide to America’s Leading Lawyers (Labor and Employment) (2008-present)
- SuperLawyers (New Hampshire, New England, Corporate Counsel) (2007-present)
- Fellows of the American Bar Foundation (New Hampshire) (2010-present)
- Daniel Webster Inn of Court, Executive Director (2009-present)
- N.H. Bar Association, Business Litigation Section, Vice President (2011-present)
- N.H. Bar Association, Employment Law Section, President (2006-2008)
- Massachusetts Bar, Middlesex County Bar Association (2009-present)
- American Bar Association, Chair of Sub-Committee on Trade Secret and Non-Competition Agreement Litigation (2004-2007)
- Martindale-Hubbell, BV Peer Review Rated (2000-present)
Business Recognitions and Positions
- North Shore Technology Council (2010-present)
- New Hampshire High Technology Council (2010-present)
- Seacoast Human Resources Association, Legislative Chair (2005-2010)
- Granite State Human Resources Association, Program Chair (2009-2010)