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CharlesNerko

Partner

"I thrive on helping clients solve problems and achieve their goals."

Overview

Biography

As co-leader of the Cybersecurity Team, Charles principally represents clients in complex commercial litigation matters involving data protection, privacy, technology, and commercial contracts. He advises and litigates on behalf of clients whose critical business relationships, reputations, and confidential information are at risk. Charles also advises clients on strategies to achieve business goals while minimizing legal risks.

Charles serves as lead counsel to financial institutions throughout the United States in litigation matters against some of the largest providers of outsourced technology services to the financial industry. He also represents a wide range of clients in bet-the-company disputes concerning the protection of trade secrets as well as competitor law firms in a variety of disputes implicating legal ethics and the protection of privileged information.

As a former emergency medical technician, Charles dedicates his pro bono practice to emergency medical services advocacy and education initiatives.

Bar Associations

  • Federal Bar Council
  • Chaminade Lawyers' Association

Selected Memberships & Affiliations

  • Phi Beta Kappa
  • International Association of Privacy Professionals
Experience

Representative Experience

  • Advising numerous financial institutions on technology contract issues.
  • Defended the New York Credit Union Association in a dispute with a technology vendor.
  • Represented a data center owner in a data security incident and negotiating confidential pre-litigation settlements with the responsible vendor and affected customers.
  • Defended an accounting firm in a dispute with a competing firm arising from the alleged misappropriation of the competitor’s confidential information, and defeating the competitor’s application for a preliminary injunction.
  • Obtained a temporary restraining order and preliminary injunction requiring a client’s competitor to cease disparaging the client.
  • Prosecuted trade secret misappropriation claims on behalf of a leading optics manufacturer.
  • Advising entertainers and corporate executives on strategies to protect their personal information. 
  • Won a favorable arbitration award as lead counsel in an equipment leasing dispute.
  • Served on the trial team for a prominent bank in aircraft finance and collection litigation and obtained a substantial settlement after presenting the client’s case-in-chief.
  • Representing numerous foreign financial institutions and judgment creditors in enforcing foreign judgments in New York.
  • Defended a bank accused of infringing copyrights in electronic news publications.  
  • Obtained dismissal of a securities fraud class action brought against a professional services firm.
  • Defeated several Section 1782 applications seeking discovery from law and accounting firms.
  • Served as national coordinating counsel in multistate litigation arising out of a corporate merger.
  • Represented a nationally known entertainment company in a dispute concerning access to Michael Jackson’s medical records.
  • Won dismissal of misconduct charges brought against a college instructor in a Title IX proceeding.
  • Advising clients on complex discovery issues, including discovery strategy, cost recovery, privilege protection, evidence spoliation, and discovery abuse.

Prior Experience

  • Offit Kurman, PA, Principal
  • Vedder Price PC, Associate
  • O’Melveny & Myers LLP, Associate
  • US District Court for the Southern District of New York, Law Clerk to Chief Judge Loretta A. Preska

Selected Community Activities

  • Fordham University Advisory Board, Member
  • New York City Bar Association New Lawyer Enrichment Program, Faculty
  • KAFAS Volunteer Ambulance Service Town Funding Committee, Member

Selected Honors

  • Selected to Super Lawyers New York Metro Rising Stars: General Litigation, 2015–2021
  • Empire State Counsel Honoree, 2010
  • Fordham University School of Law, Archibald R. Murray Public Service Award, 2009
  • Fordham University School of Law, Moot Court Board, 2007–2009
  • Fordham University School of Law, Legal Writing Award, 2007
Knowledge

Selected Speaking Engagements

  • New York Credit Union Association's Compliance & Legal Conference, “Contracts & Vendor Due Diligence”
  • New York Credit Union Association's Compliance & Legal Conference, “Staying Ahead of the Curve: Conquering Future Threats to Your Credit Union”
  • Initial Assessment Conference, “Cybersecurity: Scene Safety in a Digital Environment”
  • University of Vermont Health Network/Elizabethtown Community Hospital, “Privacy & Risk Management”
  • St. John's University School of Law's Cyber Law Symposium, "Attorney-Directed Incident Response"

Selected Publications & Media

Featured Media

Alerts

Recent DOJ and OCR Settlement Highlights Provider Responsibilities to Deaf and Hearing Impaired Patients

Alerts

Court Rules in Favor of Office of Renewable Energy Siting Regulations in Article 78 Challenge

Alerts

HHS OCR Issues Guidance on HIPAA and COVID-19 Vaccine Information

Alerts

New York State Cannabis Control Board Holds First Meeting

Alerts

NYS DOH and DASNY Announce Availability of Funds for Residential Health Care and Other Providers

Alerts

To Dismiss or Not to Dismiss? Second Department Takes Another Look at Abandonment

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