Seth P. Berman leads Nutter’s Privacy and Data Security practice group and is a member of the firm’s White Collar Defense practice group. Corporations, boards of directors, and executives rely on Seth’s advice and counsel in each of these areas of expertise. Seth is regularly engaged to assist corporations and their boards in addressing the legal and strategic aspects of data privacy laws and cybersecurity risk, and to prepare for and respond to data breaches, hacking, ransomware attempts, and other cyberattacks. Seth also routinely represents corporate and individual clients in white collar criminal and complex civil cases, including clients facing indictment or dealing with civil or criminal government investigations, subpoenas, or other requests for information. Additionally, organizations and their boards frequently engage Seth to conduct internal investigations on their behalf.
Notable Experience and Client Impact
Privacy and Data Security Matters:
- Advised medical insurance company dealing with a cyberattack impacting its customers’ Personal Identifying Information (PII) and Protected Health Information (PHI). Representation of this client included managing its response to the resulting United States Department of Health and Human Services (HHS) investigation and negotiating with numerous state Attorneys General regarding the incident.
- Represented large corporate client facing ransomware demand from foreign hackers. Worked with client to investigate attack and interface on its behalf with law enforcement.
- Represented client facing an SEC inquiry into the adequacy of its public disclosure regarding a cyber security incident.
- Led investigation for international pharmaceutical company that discovered key intellectual property had been stolen and was offered for sale. Investigation ultimately disproved the company’s initial theory that an insider had stolen the data and demonstrated that their systems had been penetrated by a state-sponsored hacker.
- Led investigation for health care provider whose email system was breached in a major phishing attack. Worked with the company to understand what data had been implicated, ultimately finding that no PII or PHI had been accessed or exfiltrated by the hackers.
- Worked with a company to determine the source of a theft of intellectual property, ultimately building a case against several former employees who had left the company to start a competitor.
- Advised audit committee of insurance company seeking to test the company’s preparedness for a cyber attack, including conducting extensive physical and network penetration testing, and drafted report detailing suggested improvements to their security.
White Collar Defense Matters:
- Represented individual in federal court charged with conspiracy and mail fraud as part of the “Varsity Blues” college admissions scheme.
- Represented individual in federal court charged with securities fraud and related crimes arising out of alleged false statements made during the offering of securities.
- Conducted internal investigation into alleged wrongdoing of organization’s CEO on behalf of the special investigations committee of the organization’s board.
- Led internal investigation for multinational corporation into alleged international fraud and bribery scheme by its employees in a foreign country.
- Advised international financial institution accused of assisting tax fraud and money laundering in Switzerland in navigating the conflicting demands of U.S. criminal law subpoenas and Swiss data protection and bank privacy regulations.
- Organized electronic discovery project for massive international litigation involving an international bank accused of conspiring to manipulate interest rates, potentially violating criminal and securities laws in dozens of countries.
Before joining Nutter, Seth led the Boston, New York, and Washington offices of a leading cybersecurity and digital forensics investigations consulting firm. He also spent six years in London as the head of the consulting firm’s international practice, where he regularly assisted clients with international criminal and digital forensic investigations. Earlier in his career, Seth was an Assistant United States Attorney in the District of Massachusetts, where he investigated and prosecuted economic crimes and was one of the leading computer crimes prosecutors in the Commonwealth. Seth previously served as an Assistant District Attorney in the New York County District Attorney’s Office and was a member of the New York Electronic Crimes Task Force and was a partner at an international law firm specializing in white collar criminal defense and civil litigation. Seth obtained his bachelor’s degree from Princeton University and earned his J.D. from Cornell Law School, where he served as an editor of the Cornell Law Review.
Seth is a recognized thought leader in cybersecurity and criminal law. He has appeared on television in both the U.S. and the U.K. to comment on cybercrime issues and has written extensively on the subject. Seth teaches a Cyber Crime Law class at Harvard Law School.
- Palisade Corporation
Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.
- AppwoRx LLC
Nutter served as legal counsel to AppwoRx LLC, a Boston-based medical technology manufacturer, in connection with its acquisition by PatientNOW, a private equity-backed computer software company headquartered in Englewood, CO.
- Veristat, LLC
Nutter served as legal counsel to Veristat, LLC, a scientifically minded global clinical research organization (CRO), in its acquisition by WindRose Health Investors, LLC, a New York City-based health care private equity firm.
News & Insights
- 04.07.2021 | Press Release
- 03.22.2021 | Press Release
- 12.10.2020 | Media Coverage
- 08.20.2020 | Press Release
- 01.01.2020 | Media Coverage
- 12.27.2019 | Media Coverage
- 10.21.2019 | Media Coverage
- 08.15.2019 | Press Release
- 06.14.2019 | Media Coverage
- 04.19.2019 | Media Coverage
- 02.25.2019 | Media Coverage
- Seth Berman Weighs In on Amendments to the Massachusetts Data Breach Notification Law in Bloomberg Law01.22.2019 | Media Coverage
- 01.03.2019 | Media Coverage
- 12.06.2018 | Press Release
- Tom Curry and Seth Berman Quoted on How Community Banks Should Prepare for Cyberattacks in Independent Banker11.12.2018 | Media Coverage
- 08.15.2018 | Press Release
- 08.07.2018 | Media Coverage
- 06.11.2018 | Press Release
- 10.10.2017 | Media Coverage
- 09.15.2017 | Media Coverage
- 09.12.2017 | Media Coverage
- 09.08.2017 | Media Coverage
- Leading Cybersecurity/Privacy and White Collar Defense Authority Seth P. Berman Joins Nutter as Partner09.06.2017 | Press Release
- 09.05.2017 | Media Coverage
- Seth Berman to Moderate Cyberattacks and Incident Response Panel at the BBA’s Privacy & Cybersecurity Conference05.14.2019
- Steve Saunders Serves on the Advisory Committee, Seth Berman to Deliver Keynote at the BBA's High Tech & Emerging Tech Conference11.29.2018
- Seth Berman to Speak on How Leadership Should Best Approach Cyber Defense at the Cyber Security Summit06.05.2018
- Seth Berman Presents ‘Hacking City Hall’ at the Massachusetts Interlocal Insurance Agency Spring Conference04.03.2018
- Seth Berman Presents Cybersecurity Workshop at the Massachusetts Municipal Association’s Annual MeetingHynes Convention Center, 01.19.2018
- Ian Roffman, Jonathan Kotlier, and Seth Berman to Present at the Boston Bar Association’s Inaugural White Collar Crime ConferenceSeaport World Trade Center, 01.18.2018
- Seth Berman to Present on 'The Intersection of HR and Cybersecurity: How to Mitigate Threats from Within' at Labor, Employment and Benefits Breakfast BriefingNutter, 12.13.2017
- Fintech in Brief: Banking Agencies Request Information on the Use of Artificial Intelligence by Financial Institutions04.05.2021 | Legal Advisory
- 03.23.2021 | Legal Update
- Writing for Bloomberg Law, Seth Berman and David Ferrera Explore Risks for AI Medical Device Makers Under FDA’s New Action Plan03.08.2021 | Article
- Code Red: The FDA’s Artificial Intelligence/Machine Learning Action Plan Poses Potential Risks for Medical Device Makers02.05.2021 | Insights
- 01.06.2021 | Legal Advisory
- 12.09.2020 | Legal Advisory
- 10.29.2020 | Legal Advisory
- 10.29.2020 | Legal Advisory
- 10.12.2020 | Legal Advisory
- Treasury Department Warns of Potential Sanctions to Organizations Paying to Resolve Ransomware Attacks10.02.2020 | Legal Advisory
- 08.20.2020 | Legal Advisory
- 07.30.2020 | Legal Advisory
- Fintech in Brief: OCC Authorizes National Banks and Federal Savings Associations to Offer Cryptocurrency Custody Services07.28.2020 | Legal Advisory
- 07.23.2020 | Legal Advisory
- 07.22.2020 | Legal Advisory
- 07.16.2020 | Legal Advisory
- 07.02.2020 | Legal Advisory
- Fintech in Brief: Acting OCC Comptroller Announces Plans to Release a National Charter for Payments Companies06.26.2020 | Legal Advisory
- Fintech in Brief: New Acting OCC Comptroller Continues to Prioritize Innovation as OCC Proposes Rules on Digitizing Banking06.08.2020 | Legal Advisory
- Fintech in Brief: OCC Issues Final ‘Valid When Made’ Rule on Permissible Interest on Transferred Loan06.02.2020 | Legal Advisory
- Fintech in Brief: CFPB Issues No-Action Letter Templates for Affordable Small Dollar Lending and Mortgage Loss Mitigation05.29.2020 | Legal Advisory
- 05.27.2020 | Legal Advisory
- Critical Privacy Law Update for Food and Beverage Brands: California Consumer Privacy Act Enforcement Begins on July 105.26.2020 | Legal Advisory
- 05.19.2020 | Legal Advisory
- The SHIELD Act: NY’s Expanded Security Requirements and Data Breach Notification Law Asks More of Businesses (and not just those in New York)03.31.2020 | Legal Advisory
- 03.31.2020 | Legal Advisory
- 03.19.2020 | Legal Advisory
- Fintech in Brief: FDIC Signals Pending Decisions on ILC Applications and Proposes New Rules for ILCs and their Parent Companies03.18.2020 | Legal Advisory
- 03.18.2020 | Legal Update
- 03.16.2020 | Legal Advisory
- 03.14.2020 | Legal Update
- 03.13.2020 | Legal Advisory
- 03.13.2020 | Legal Update
- 03.13.2020 | Legal Advisory
- 03.12.2020 | Legal Update
- 02.26.2020 | Legal Update
- 02.14.2020 | Article
- 02.13.2020 | Legal Update
- Writing for Bloomberg Law, Seth Berman and David Ferrera Analyze Cybersecurity Concerns for Medical Device Makers02.06.2020 | Article
- 01.29.2020 | Legal Update
- Writing for Banker & Tradesman, Seth Berman Analyzes Monetization of Big Data in the Banking Industry12.29.2019 | Article
- 12.23.2019 | Legal Update
- 12.18.2019 | Legal Update
- 12.05.2019 | Legal Update
- 11.26.2019 | Insights
- 11.26.2019 | Legal Update
- 11.19.2019 | Legal Update
- 10.31.2019 | Legal Update
- 10.25.2019 | Legal Update
- 10.25.2019 | Legal Update
- 10.01.2019 | Article
- 09.30.2019 | Legal Update
- 09.04.2019 | Legal Update
- 08.30.2019 | Legal Update
- Fintech in Brief: Chairwoman Waters Outlines House Financial Services Committee’s Fall 2019 Agenda: Financial Innovation Remains Priority08.26.2019 | Legal Update
- 08.12.2019 | Legal Update
- Fintech in Brief: Federal Reserve Announces Plan to Develop A Real-Time Payment and Settlement Service08.07.2019 | Legal Update
- 07.29.2019 | Legal Update
- 07.24.2019 | Article
- 06.27.2019 | Legal Update
- 06.26.2019 | Legal Update
- 06.24.2019 | Legal Advisory
- 05.30.2019 | Legal Update
- Writing for Banker & Tradesman, Seth Berman and Nehal Khorraminejad Analyze Changes to the Massachusetts Data Privacy Law05.23.2019 | Article
- 05.22.2019 | Legal Update
- 05.16.2019 | Article
- Seth Berman and Charles Pierre Author Update to the ‘Domestic Privacy Profile on Massachusetts’ for Bloomberg Law: Privacy & Data Security05.15.2019 | Article
- 05.03.2019 | Legal Update
- 05.01.2019 | Legal Update
- 04.30.2019 | Legal Update
- 04.24.2019 | Article
- 04.19.2019 | Legal Update
- Fintech in Brief: The Clearing House Announces Adoption of Business Principles for Operation of the RTP® Network04.10.2019 | Legal Update
- 04.08.2019 | Legal Advisory
- 04.02.2019 | Legal Update
- 03.28.2019 | Legal Update
- 03.27.2019 | Legal Update
- 02.28.2019 | Legal Update
- 02.19.2019 | Legal Update
- 02.13.2019 | Legal Update
- 01.31.2019 | Legal Update
- 01.30.2019 | Legal Update
- Fintech in Brief: Ranking Member McHenry Calls for House Financial Services Committee Hearing on Financial Innovation01.24.2019 | Legal Update
- Fintech in Brief: Chairwoman Waters Outlines House Financial Services Committee’s Agenda: Priorities Include Financial Innovation01.22.2019 | Legal Update
- Fintech in Brief: Issues to Consider in Connection with the CFPB’s Proposed Product Sandbox and Policy Changes for No-Action Letters01.08.2019 | Legal Update
- 12.21.2018 | Legal Update
- 12.20.2018 | Legal Update
- Fintech in Brief: Bureau of Consumer Financial Protection Proposes Product Sandbox and Policy Changes for No-Action Letters12.17.2018 | Legal Update
- Seth Berman and Charles Pierre Author Domestic Privacy Profile on Massachusetts for Bloomberg Law: Privacy & Data Security11.19.2018 | Article
- 10.03.2018 | Insights
- 08.21.2018 | Article
- 06.28.2018 | Legal Advisory
- 05.24.2018 | Legal Advisory
- Writing for Government Technology, Seth Berman Analyzes How Effective GDPR Could Be in the United States05.23.2018 | Article
- Writing for Security Magazine, Tom Curry and Seth Berman Examine How Community Banks Can Overcome Cybersecurity Paralysis05.04.2018 | Article
- 04.27.2018 | Legal Update
- 04.05.2018 | Legal Advisory
- 04.03.2018 | Article
- 02.20.2018 | Article
- 01.29.2018 | Article
- How Community Banks Can Overcome Cybersecurity Paralysis: Insights from Nutter’s Tom Curry and Seth Berman01.25.2018 | Legal Update
- 01.09.2018 | Legal Advisory
- 12.19.2017 | Article
- 12.19.2017 | Legal Advisory
- The Intersection of Human Resources and Cybersecurity: How to Mitigate Threats from Within: Insights from Nutter’s Seth Berman12.12.2017 | Legal Update
- 11.01.2017 | Legal Update
- Wire Fraud Scams and Corporate Email Attacks: Beware of Tricks, Not Treats, During Cyber Security Awareness Month10.11.2017 | Legal Update
- 09.27.2017 | Legal Advisory
- 09.12.2017 | Article
- Equifax Breach is a Category 5 Incident Affecting You – Our Recommendations on How to Safeguard Your Data09.11.2017 | Legal Advisory
- The Best Lawyers in America, 2019-2021
Education & Admissions
Cornell Law School, J.D., magna cum laude, Order of the Coif
Princeton University A.B., cum laude
- New York
Seth is a recognized thought leader in cybersecurity and criminal law. He has appeared on the BBC and SkyNews commenting on cybersecurity issues, and has written extensively on the subject. Seth teaches a Cyber Crime Law class at Harvard Law School.
Prior to joining Nutter, Seth led the Boston, New York, and Washington offices of a leading cybersecurity and digital forensics investigations consulting firm. He also spent six years in London as the head of the consulting firm’s international practice, where he regularly assisted clients with international criminal and digital forensic investigations.