Sherwin M. Yoder, CIPP/US, CIPP/E and CIPM

Experience

• Coached national on-line retailer of high-end specialty products through data breach notification process involving customer payment card information in 42 states and territories
• Counseled regional provider of ophthalmology services in negotiation of Administrative Services Agreement and Business Associate agreement
• Advise national nonprofit organization on development of written information privacy and security audit program
• Guided response of regional nonprofit provider of social services in response to incident involving breach of sensitive medical diagnosis in potential violation of HIPAA Privacy Rule
• Counseled affordable housing complex in complying with potential buyer due diligence involving proposed disclosure of tenant personal and medical information
• Counseled regional health insurer in responding to Civil Investigative Demand issued by the U.S. Department of Justice, Antitrust Division
• In wrongful death, medical negligence case, part of defense team that secured complete withdrawal of action against psychiatrist client without settlement payment, prior to trial resulting in $12 million jury verdict against remaining defendant
• On behalf of regional oil and propane supplier, prosecuted client’s former division manager for violation of noncompetition agreement, resulting in favorable settlement award and enforcement of agreement
• Prosecuted former commercial tenant and chemical industry giant for recovery of environmental remediation costs in federal court litigation, resulting in favorable settlement on eve of trial
• In wrongful death, failure to diagnose cancer case, obtained dismissal against  gastroenterologist based on novel issue of law under Connecticut Accidental Failure of Suit Statute
• On behalf of defendant psychiatrist in wrongful death, medical negligence case, successfully compelled the deposition of decedent’s adult children over objection of estate representative, immediately precipitating withdrawal of action and  dramatic reduction of settlement demand
• Member of trial team that obtained defense verdict for psychiatrist in wrongful death, medical negligence case with $4 million demand
• Obtained dismissal of novel constitutional law claims alleging $90 million in injuries from exposure to power-line electric and magnetic fields (EMF), including successful defense through two federal court appeals and petition for writ of certiorari to U.S. Supreme Court
• In computer crime and misappropriation of trade secrets case, secured employer-friendly federal appellate court decision providing novel interpretation of state statute governing court jurisdiction over out-of-state former employees
• Counseled international church denomination through federal prosecution and settlement of defamation claims against radio personality and web journalist
• In pro bono engagement for owner of home damaged by fire, obtained damages award against home improvement contractor that failed to finish job and made client whole through successful application to Connecticut Home Improvement Guaranty Fund
• Advised regional utility company during multi-state administrative review of merger transaction and defended related administrative appeals
• Won summary judgment for utility company in federal CERCLA action by scrap yard owner seeking $1.4 million recovery for remediation of PCB contamination
• Part of defense team that obtained noninfringement rulings for local distributor and Taiwanese manufacturer of coaxial cable connectors in action brought in the U.S. International Trade Commission
• In pro bono appointment for state inmate, obtained substantial settlement from federal government in civil forfeiture action
• For national internet software retailer, favorably resolved trademark and copyright infringement claims asserted by worldwide software maker
• Served as counsel for all check fraud prosecutions for regional banking institution
• On behalf of majority of commercial real estate partnership, obtained judgment dissociating partner for wrongful conduct
• Part of trial team that secured eviction of bank holding over in a commercial space on behalf of real estate partnership

Before Carmody

Before joining our firm, Sherwin clerked for the Honorable Alvin W. Thompson of the U.S. District Court in Hartford. Sherwin draws upon his experience with federal court clerks, judges, magistrates and government lawyers in order to counsel clients and out-of-state attorneys about federal practice in Connecticut. Before law school, Sherwin worked his way from examining short- and long-term disability claims for The Hartford Life Insurance Company to drafting group disability policies and advocating before state insurance commissioners.