Shawn Tuma, CyberSecurity & Data Protection Partner, Scheef & Stone, L.L.P
Shawn Tuma is passionate about serving his clients. He honors the trust they place in him by working hard to achieve their objectives as effectively and efficiently as possible. His integrity, intensity, and drive for excellence have helped him become a nationally recognized thought-leader in cyber, data security, and information law.
Shawn represents clients across the United States in dealing with these legal issues and is often sought out by other lawyers to advise them when these issues arise in cases for their own clients.
Shawn has extensive experience in solving client problems in these areas of law:
- Computer fraud, cybercrimes, the Computer Fraud and Abuse Act, and the Texas Computer Crimes statute
- Misappropriation of trade secrets, data, and funds from companies by company insiders and outsiders
- Data and information security and compliance, data privacy, and data breach response
- Technology and intellectual property litigation including patent, trademark, copyright, and trade secrets litigation
- eCommerce, mCommerce, social media, and advertising
- Insurance coverage for cyber and technology related claims and companies
- Complex commercial litigation
Helping Companies Prepare for Cyber Risks
Shawn’s ideal role is to serve as an outside member of a company’s team to proactively prepare for and minimize its risks of doing business in the digital environment of today’s modern business world. After years of helping businesses prepare for these risks, Shawn has developed the unique CyberGard™ Business Cyber Risk Protection Program. CyberGard™ helps businesses assess the specific risks they face, audit their existing preparation and defenses, develop a strategy to minimize the identified risks based on threat level, and then execute the plan by developing and implementing protocols, policies, training, and coordinating third party assistance needed to effectively protect the business.
- Obtained complete dismissal of Computer Fraud and Abuse Act, Wiretap Act, and Stored Communications Act lawsuit against client within three months from filing of lawsuit.
- Obtained seven-figure judgment for client on Computer Fraud and Abuse Act claim on successful motion for summary judgment.
- Hired by law firm to prepare response to motion seeking dismissal of its client’s Computer Fraud and Abuse Act claim that resulted in court’s denial of motion against client.
- Hired by law firm to prepare Computer Fraud and Abuse Act claim in parallel proceeding, ultimately resulting in a favorable settlement for law firm’s client.
- Successfully obtained injunctive relief under Computer Fraud and Abuse Act against employee who had taken employer’s data for use in a competing business.
- Successfully obtained confidential six-figure settlement for client seeking insurance coverage for computer fraud claims under the policy.
- Served as breach coach for international company responding to a data breach that spanned over 20 countries and every US state; response was timely and effective, resulting in no fines or penalties by regulators and no claims by data subjects.
- Served as breach coach for eCommerce company responding to a data breach caused by malware on its website affecting consumers in every US state; response was timely and effective, resulting in no fines or penalties by regulators and no claims by data subjects.
- Served as breach coach for company responding to compromise of PHI data affecting people in every US state; response was timely and effective, resulting in no fines or penalties by regulators and no claims by data subjects.
- Served as breach coach for small healthcare provider responding to complaint to Department of Health and Human Services, Office of Civil Rights, for compromise of patient healthcare records; response and corrective actions were timely and effective, resulting in no fines or penalties by the OCR and no payments to data subject.
- Within six hours of being hired, obtained complete capitulation by defendant who had misappropriated highly confidential and proprietary trade secrets source code for company’s service and threatened public disclosure.
- Within three days of being hired, obtained complete capitulation by defendant who had misappropriated client’s customer list to use in a competing business.
- Obtained complete dismissal of seven-figure trade secrets lawsuit against client for $0.
- Successfully defended against injunctive actions in eight-figure trade secrets, patent, copyright, and trade mark litigation against clients.
- Successfully obtained confidential settlement for client of patent inventorship lawsuit.
- Successfully defended clients against claims for damages and injunctive relief for misappropriation of trade secrets resulting in confidential settlement requiring no payment by clients.
- Obtained confidential settlement of client’s copyright claims that resulted payment that more than doubled client’s actual damages.
- Successfully protected non-party client’s trade secrets from disclosure during litigation where plaintiff sought disclosure of the information to establish jurisdiction.
- Obtained dismissal and payment of legal fees under Texas Anti-SLAPP law against plaintiff claiming tortious interference with contract.
- Obtained dismissal under frivolous lawsuit rules for $500,000 claim against financial institution.
- Successfully defended clients against seven-figure claim for breach of fiduciary duty in partnership dispute and obtained confidential nuisance value settlement in low 5-figure range.
- Obtain summary judgment of damages plus full attorneys’ fees exceeding $250,000 for breach of a real estate title policy by insurance carrier.
- Confidential settlement of real estate dispute resulting in significant payment to client, obtained within four months of filing lawsuit.
- Obtain numerous summary judgments for client financial institution on claims for breach of loan agreements.
- Successfully resolved seven-figure litigation by negotiating for a business arrangement that provided opportunity for over $50 million in revenue to client over multiple years.
- Served in key managing and working attorney roles on case for fraud, negligent misrepresentation, and breach of contract that ultimately resulted in confidential eight-figure settlement for client.
- Primary working attorney on multiple cases for fraud against accounting firm client that were dismissed through successful summary judgments.
Shawn stays actively involved in the legal and cyber communities which allows him to stay informed of the latest threats against businesses so he can continue to develop and refine strategies for neutralizing those threats. He is a member in the following:
- Elected Council Member, Computer & Technology Section of the State Bar of Texas
- Chair, Civil Litigation & Appellate Section of the Collin County Bar Association
- Co-Chair, Cyber, Data Security & Intellectual Property Law Committee of the Collin County Bar Association
- College of the State Bar of Texas
- Privacy and Data Security Committee of the State Bar of Texas
- Litigation, Intellectual Property Law, and Business Sections of the State Bar of Texas
- Information Security Committee of the Section on Science & Technology Committee of the American Bar Association
- Social Media Committee of the American Bar Association
- FBI’s InfraGard Program
- Cybercrime Committee of the North Texas Crime Commission
- International Association of Privacy Professionals
- Dallas Bar Association
- Law Chair, Regent University Alumni Board
- Scribes Society of Legal Writers
Media, Publications and Speeches
- DarkMatters (contributor)
- Down the Security Rabbithole – Information Security Podcast (legal correspondent)
- Business Cyber Risk | Law Blog (manager and contributor)
- CSO Magazine quoted Shawn Tuma in After this judge’s ruling, do you finally see value in passwords?
- Platform Magazine quoted Shawn Tuma in The Public Relations Side of a Data Breach
- ComputerWorld quoted Shawn Tuma in A year after Swartz suicide, reform of anti-hacking law remains elusive – Calls for changing the Computer Fraud and Abuse Act have made little headway
- Forbes, BNET, PC World, and other news sources quoted Shawn Tuma in Who Owns Your LinkedIn Profile? It Might Not Be You.
- InsideCounsel quoted Shawn Tuma on the recent Computer Fraud and Abuse Act opinion by the Ninth Circuit Court of Appeals in U.S. v. Nosal in article titled Decision Deepens Circuit Split on Scope of CFAA
- Whistleblower and Bounty Law, Steve Kardell (quoting Tuma)
- Small Business Support quoted Shawn Tuma extensively on social media law in Your Business Needs a Social Media Policy: Here’s Why (and How)
- In 2011, Professor David R. Papke and his co-authors included an excerpt from Law in Texas Literature: Texas Justice—Judge Roy Bean Style in their law school course book entitled Law and Popular Culture: Text, Notes and Questions that is published by LexisNexis.
- Guest appearance on Capital Thinking, a national business talk radio show, to discuss the Computer Fraud and Abuse Act. The date of the program was October 13, 2011 and the archive is available HERE though Shawn’s segment begins at the 32:00 minute mark.
- Podcast interview discussing social media and computer fraud issues, available HERE
- The United States Court of Appeals for the Fifth Circuit cited Law in Texas Literature: Texas Justice—Judge Roy Bean Style in the case Buntion v. Quarterman, 524 F.3d 664 (5th Cir. 2008).
- In 2003, when the issue of enforceability of contracts entered into over the Internet was still an issue, a Virginia Circuit Court cited Contracting Over the Internet in Texas in the case Trinity Homes, LLC v. Fang, 63 Va. Cir. 409 (Va. Cir. Ct. Nov. 13, 2003).
- In addition to the courts, Shawn’s articles have been referenced by the Federal Sentencing Reporter, American Association of Law Schools Section on Contracts and cited in the following Law Review Journals:
New York University Law Review, Harvard Journal on Legislation, Columbia Science and Technology Law Review, Texas Law Review, Michigan State University Journal of Medicine & Law, Drexel Law Review, Journal of Technology Law & Policy, McGeorge Law Review, Baylor Law Review, Fidelity Law Journal, University of Chicago Legal Forum, Seton Hall Constitutional Law Journal, Regent University Law Review, South Dakota Law Review
Shawn is an avid writer and he has authored several published works. His publications have been cited by several courts (including the United States Court of Appeals for the Fifth Circuit), professional practice guides, and text books and are listed below:
- Computer Fraud and Abuse Act 101, Texas Lawyer, Dec. 19, 2011 edition
- “What Does CFAA Mean and Why Should I Care?” A Primer on the Computer Fraud and Abuse Act for Civil Litigators, The South Carolina Law Review, Volume 63, Number 1, Autumn 2011
- Law in Texas Literature: Texas Justice—Judge Roy Bean Style, The Review of Litigation, Volume 21, Number 3
- Contracting Over the Internet in Texas, Baylor Law Review, Volume 52, Number 2
- Municipalities & The Internet: A Few Legal Issues, Thurgood Marshall Law Review, Volume 27, Number 1
- It Ain’t Over ‘Til . . . A Post Y-2K Analysis of Y2K Litigation & Legislation, Texas Tech Law Review, Volume 31, Book IV
- Preserving Liberty: United States v. Printz and the Vigilant Defense of Federalism, Regent University Law Review, Volume 10, Number 1
- Featured Presenter on Cyber Security, Annual Conference, Association of Certified Fraud Examiners (ACFE) (5/15/15)
- Walking the Straight and Narrow: Strategies to comply with state, federal, and international privacy laws (lawyers panel), Strengthening the Weak Link: Cyber Security Essentials for the C-Suite Conference, North Texas Crime Commission (10/16/14) (link)
- Keeping Your Healthcare Practice “Off the Hook” – Is Your Practice “On the Hook” Webinar Series for Texas Dental Association and Oklahoma Dental Association, Smart Training LLC (9/10/14) (slides available upon request)
- Social Media Law: It is Real and, Yes, Really Can Impact Your Business, Marketing Executives Networking Group (MENG) (national webinar) (8/14/14) (slides)
- Using Social Media in Your Law Practice, 3rd Annual Outstanding Women Lawyers’ Roundtable (6/6/14) (Prezi)
- Combating Corporate Espionage, Cyber Fraud and Data Breaches: Case Studies and The Law, Dallas CPA Society Convergence 2014 (5/8/14) (slides available upon request)
- Combating Cyber Fraud, Data Breaches & Corporate Espionage, Renaissance Executive Forums (5/8/14) (slides)
- Cyber Fraud, Data Breaches, Corporate Espionage: How They Impact Your Law Practice, Collin County Bench Bar Conference (5/3/14) (Prezi)
- Using Social Media in Your Law Practice, Collin County Bar Association, General Bar (5/16/14) (Prezi)
- Using Social Media in Your Law Practice, Collin County Bar Association, Law Practice Management Section (4/28/14) (Prezi)
- Data Breach! Hacking! Corporate Espionage! — Are You Listening Yet???, Collin County Bar Association, Corporate Counsel Section (4/25/14) (Prezi)
- Digital Information Law & Your Business, The Alternative Board (4/1/14) (slides)
- The Legal Side of Data Breach and Third Party Risk, Institute of Internal Auditors (IIA) 9th Annual Fraud Summit (3/28/14) (slides)
- Espionage & The Law, Institute of Internal Auditors (IIA) 2nd Annual IIA Super Conference (10/25/13)
- Combating Corporate Espionage – Data Breach (and the law) (10/24/13) (Prezi)
- The Law Online – Posting Gone Wild!, Parenting Paper<less Conference (10/19/13) (slides)
- Fraud 2.0 – Overview and Update of the Computer Fraud and Abuse Act and a Few Lessons About Data Breaches, Privacy, Data Security, and eCommerce Committee of the State Bar of Texas (8/28/13) (slides)
- Anatomy of a Data Breach – What To Do When The Unthinkable Occurs, Texas Dental Association & Smart Training LLC (7/31/13) (Prezi)
- Fraud 2.0 – Helping Businesses Prepare for Computer Fraud and Data Breaches, The IAA – Association of Accountants and Financial Professionals in Business (5/16/13) (slides)
- Social Media Law, PlayMaker’s Radio Talk Show (3/13) (audio recording)
- Social Media Law – It is Real and, Yes, Really Can Impact Your Business, MENG – Marketing Executives Networking Group (11/9/12) (slides)
- Fraud 2.0 – An Overview of the Laws that Help Businesses and Individuals Combat Computer Fraud, Association of Certified Fraud Examiners (ACFE) (11/8/12) (slides)
- Social Media Law – It is Real and, Yes, Really Can Impact Your Business, Social Media Breakfast – Dallas (8/30/12) (video)
- Social Media Law – The Legal Do’s and Don’ts of Social Media, TrustPoint Management Group (8/10/12) (slides)
- The Evolving Computer Fraud and Abuse Act – An Overview and Update of Recent Activity, Dallas Bar Association Computer Law Section (4/23/12) (slides)
- Computer Fraud and Abuse Act – A Lunch Sampler With a Little Something for Everyone, Dallas Bar Association Computer Law Section (8/22/11) (slides)
Please see the following links to learn more about Shawn’s professional philosophy and his thoughts on case strategy and execution: Professional Philosophy
- State Bar of Texas
- United States District Courts for the Northern, Eastern, Southern, and Western Districts of Texas
- United States District Court for the Eastern District of Pennsylvania (pro hac vice)
- United States District Court for the Middle District of North Carolina (pro hac vice)
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Federal Circuit