Stephanie O. Sparks is a shareholder of, and chairs the firm’s Privacy & Data Security and Intellectual Property teams. She counsels companies on privacy laws and helps them create and implement administrative, technical and physical safeguards for data security.
Stephanie also conducts onsite data security and compliance assessments; provides privacy and data security awareness training; prepares record management policies, record retention/destruction schedules, and data breach incident response plans; negotiates business associate agreements mandated by HIPAA, and other agreements involving privacy and data protection, hosting, migration and transfer.
Stephanie manages an online service provider’s responses to government requests for information, including search warrants, pen register trap & trace orders, and Title III electronic surveillance orders. She helps firm clients prepare for, and she manages all aspects of, the inevitable data breach, whether resulting from the ubiquitous stolen laptop, phishing scams, the hacking of servers, or otherwise.
Stephanie was named a “Northern California Super Lawyer” in 2009, 2010, 2011, 2012, 2013 and 2014 as chosen by her peers and through the independent research of Law & Politics and San Francisco Magazine.
- Guided client companies through the aftermath of data breach crises due to theft of laptops and servers, hackers, phishing, etc., including investigation and computer forensics, notification processes, public relations, internal employee relations, insurance coverage, dispute resolution, and litigation.
- Secured a jury verdict for $6 million in liability and punitive damages, attorneys’ fees, and costs after a five-month jury trial involving trade secrets and unfair competition. Was responsible for key electronic evidence against the defendants through computer forensics. Also was responsible for the display of evidence in the courtroom using state-of-the-art technology, and successfully recovered those costs at the end of the trial.
- Negotiated a favorable settlement in a lawsuit against her client, an electronic component manufacturing company, for misappropriation of trade secrets.
- Prosecuted copyright infringement lawsuit to a favorable settlement for a commercial real estate mapping company.
- Successfully defended copyright infringement lawsuit to a favorable settlement for a business broker.
- Negotiated favorable resolution arising from complex patent license agreement.
- Successfully prosecuted and defended over 50 trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office, and abroad in over 10 countries.
- Prosecuted domain name disputes through the Uniform Domain Name Resolution Process (UDRP) on behalf of large, international private school and international skincare company, among others.
- Manages trademark portfolios of firm clients in the U.S. and in over 30 foreign jurisdictions.
Professional Activities & Speaking Engagements
Stephanie is a member of the International Association of Privacy Professionals (IAPP) and International Trademark Association (INTA) and facilitates INTA Roundtables in San Jose. She is also a member of the William A. Ingram Inn of the American Inns of Court. Stephanie supports the INTA Unreal Campaign, teaching high school students about counterfeit goods.
Stephanie routinely presents seminars on intellectual property, electronic discovery, and privacy and data security issues to special interest groups, businesses, accountants, and lawyers in California, Nevada and Utah, and was a guest lecturer at Santa Clara University School of Law. She participated in a panel presentation to members of the Association of Certified Fraud Examiners entitled, The Virtual Trip Wire: Litigation Holds & the Duty to Preserve Data in Security Breaches. Other recent and upcoming speaking engagements include:
Pictured: The Honorable Matthew Sciarrino, Jr., of New York City and Stephanie Sparks. Photo and permission by Josh Gilliland
Speaking Engagements & Articles
- Moderator, "New Developments in Intellectual Property," co-hosted with Santa Clara County Bar Association's High Technology Section, June 10, 2014
- "What Would You Do if Someone Hacked Into Your Computer or Stole Your Laptop?" presented at the Tri-Valley Estate Planning Council, November 7, 2013
- "Privacy, Data Security, and the Inevitable Breach," at The Estate Planning Council of Southern Alameda County, Fremont, California, September 12, 2013
- Panelist for Internal Revenue Service/San Jose State University MST Program, sponsored by CalCPA Silicon Valley-San Jose Chapter and the California Bar Taxation Section Young Tax Lawyers Committee, June 19, 2013
- “E-Discovery in the Data Breach Context” for Women in E-Discovery, November 14, 2012
- “The Virtual Office: Managing Information of a Remote Workforce” at ARMA (Association of Records Managers and Administrators) in Silicon Valley, November 8, 2012
- Panelist with the Honorable Matthew Sciarrino, Jr., New York City, on “E-Discovery, Privacy and Data Security Issues for Social Networking Web Sites”, and Moderator for expert-deposition boot camp at Paraben’s Forensic Innovations Conference, November 3-4, 2012
- “Take a Bite out of Data Security,” Abbott, Stringham & Lynch CPAs in San Jose, September 26, 2012
- Panelist with VISA, Oracle and others at San Jose State University, Edward Oates Symposium, “Security in the Cyber Age,” September 14, 2012
- Author, Can you quickly put your hands on a critical business record?