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Gabriel M. Helmer
Associate
Boston
Although he has a varied litigation practice, Gabriel Helmer focuses on helping clients protect their sensitive business data and systems, as well as their intellectual property assets. He advises companies faced with electronic espionage and data theft, breaches of computer and network security, as well as electronic, audio and video surveillance, and has helped them prevail in court against the competitors and rogue employees who committed these actions. Gabriel also helps clients investigate and respond to anonymous Internet activity that involves the clients' intellectual property, including unauthorized transfers and public disclosures of proprietary information. As part of his information security work, he develops security policies and procedures that enable multinational companies to conduct internal investigations of security breaches, while complying with U.S. surveillance and privacy laws.
In addition to helping clients protect their data and trade secrets, Gabriel represents them in intellectual property litigation involving patents, trade secrets and copyrights. His clients have included Electro Scientific Industries, Inc., developer of machine vision applications; C.R. Bard, Inc., developer of medical device and catheter technology; QLT, Inc., the creator of an innovative treatment of age-related macular degeneration; DreamWorks Pictures; Home Box Office, Inc.; and member companies of the Recording Industry Association of America. Gabriel not only protects IP assets at trial, he also helps clients develop valuations for their intellectual property so that they can gauge the novelty of patented technology and the related risks and potential opportunities presented by civil litigation to protect it.
Gabriel has an active pro bono practice. In keeping with his general practice focus, he represented a sole proprietorship in a federal court mediation of copyright, trademark and trade dress disputes with competitor. He also represented the family of an American Airlines Flight 11 flight attendant before the September 11th Victim Compensation Fund, where he obtained an award for her family more than three times larger than initially indicated by Fund administrators. Also on a pro bono basis, Gabriel submitted an amicus brief to the Massachusetts Supreme Judicial Court on behalf of a consortium of state constitutional law professors.
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Federal Circuit
Representative Experience
The following is a brief summary of Gabriel's experience and accomplishments:
Represented a startup company in civil litigation in federal court against a well-established competitor that used spyware and other remote monitoring tools to obtain sensitive business information
Represented witnesses in grand jury investigations involving pharmaceutical pricing and tax issues
Implemented an internal investigation as well as a litigation strategy within 48 hours of the discovery of the theft of valuable data, that effectively prevented a rogue employee from distributing sensitive information to company competitors
professional / civic involvement
American Intellectual Property Law Association, Member
Intellectual Property Owners Association, Member
Boston Bar Association, Member
American Bar Association, Member
publications
Strip Search and the Felony Detainee: A Case for Reasonable Suspicion, 81 BU.L. REV 239 (February 2001).
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