Representative Experience
Security-related matters handled by Mr. Gainer include:

• Co-counsel for hospital system in litigation and administrative proceedings related to theft of backup tapes

• Assisting ACLU in litigation against the National Security Agency challenging the NSA’s domestic surveillance program

• Successfully represented pathology laboratory in claim against software vendor that software failed to comply with HIPAA Security Rule, among other flaws

• Advises businesses regarding compliance with state data breach notification laws

• Advised U.S. business regarding request for information from the CIA

• Advised AT&T Wireless Services and other businesses regarding appropriate steps to take in response to attempts to penetrate their computer systems

• Assisted wireless broadband company to draft information technology security policies

• Advised on-line publisher regarding issues presented by reporter’s hacking into computer system to obtain information for a story

• Advised computer consultant regarding appropriate terms for penetration testing contract

• Advised telecommunications companies regarding effect of federal and state electronic signature laws on plans to enter into electronic contracts and to send electronic invoices

• Advised PKI software development company regarding effect of federal and state electronic signature laws

• Drafted EDI agreements for Starbucks Coffee Company

• Represents software developers, software companies, and other high-technology companies in license, distribution, and Trade Secret Act litigation

Prior Experience
Seattle City Attorney’s Office, Assistant City Attorney, 1987-1990

Publications and Presentations
Presenter, Merchant Risk Council 6th Annual Conference, Platinum Meeting, “What Happens If You Fail,?” March 4, 2008

Invited witness, U.K. House of Commons, Home Affairs Committee, “A Surveillance Society?,” June 7, 2007

Presenter, “Protecting PHI and Responding to Data Thefts,” Southern California Hospital Association Seminar, May 31, 2007; Oregon Association of Hospitals and Health Systems Seminar, May 10, 2007; Washington State Hospital Association Seminar, December 11, 2006

Presenter, “The NSA’s Warrantless Surveillance Program,” 17th Conference on Computers, Freedom & Privacy, May 3, 2007

Presenter, “Health Care Data Security,” Washington State Society of Healthcare Attorneys Seminar, January 30, 2007

Presenter, "Discovery Disputes About Electronically Stored Information Can Be Expensive: Who Should Pay?,” King County Bar Association and Federal Bar Association Electronic Discovery Seminar, June 1, 2006

Author, “The NSA’s Interception of Emails and Phone Calls in the US Is Unlawful,” Vol. 9, No. 8, Journal of Internet Law, February 2006

Author, “Legal Issues When U.S. Businesses Voluntarily Cooperate with the CIA,” in Dan Verton, ed., Critical Threads 2006:IT* Security, Homeland Defense Media 2006

Co-presenter, “Lessons from Choicepoint” (Stafford Publications), Teleconference, Aug. 18, 2006

Author, “Potential Business Liability for Failure to Secure Consumer Data,” 2 Mealey’s Privacy Report No. 2, August 2005

Presenter, “Managing Hospital IT Projects to Increase Success and Minimize Legal Risks,” May 18, 2004

Co-author, “Liability of Hospitals and Their Officials When Technology Projects Fail,” Vol. 12, No. 39, Health Law Reporter, 1528-1535, Oct. 2, 2003, © The Bureau of National Affairs, Inc. 2003

Co-author, “No Rest for the Wary,” Vol. 8, No. 20, Electronic Commerce & Law Report, 507-512, May 21, 2003, © The Bureau of National Affairs, Inc. 2003

Presenter, “New and developing theories of security obligations and their related liabilities,” Data Security seminar, June 30, 2003

Presenter, “Remedies and Damages Available in IT Cases,” Information Technology Litigation seminar, Dec. 13, 2001

Author, “Allocating the Risk of Loss for Bank Card Fraud on the Internet,” XV John Marshall Journal of Computer & Information Law 39, 1996

Memberships and Activities
Member, American, Washington State, King County and Federal Bar Associations

Member, Electronic Discovery Task Force (2003), Federal Bar Association

Education
J.D., with Honors, Indiana University School of Law, 1981

• Note Editor, Indiana Law Journal

• Phi Beta Kappa