Matthew S. Borick

University of New Hampshire School of Law, J.D., first-in-class

Northwestern University, M.A.

Dickinson College, B.S., summa cum laude, Phi Beta Kappa

• Represented a major online business in a copyright infringement action involving numerous photographs that appeared on various customer websites, and obtained a highly favorable settlement for the client.
• Counseled several non-profit organizations in the wake of the 2020 Blackbaud data security breach.  Assisted these organizations in investigating the relevant facts, identifying notice obligations, and providing required notices.
• Defended a bank in a lawsuit brought by a consumer following a data security incident. Obtained a court dismissal on the pleadings.
• Assisted several businesses with identifying their CCPA and GDPR obligations, updating their privacy policies and website terms, and getting procedures and systems in place for responding to consumer information requests.
• Assisted various businesses suffering potential data breaches as a result of phishing incidents and other exploits. Assisted these businesses in investigating the relevant facts, identifying notice obligations, and providing required notices.
• Defended an out-of-state bar association in a lawsuit brought by a lawyer who had been disbarred and was claiming damage to his ability to practice law in Vermont. Obtained a dismissal on the merits and successfully defended and argued an appeal to the Second Circuit.
• Represented a large tree nursery in a long and contentious contract and fraud action against a major tree service company. The matter successfully settled during the course of trial.
• Represented a manufacturer of sugaring equipment against a former employee who stole from the company and misused company funds for his own benefit. Achieved an out-of-court resolution through which the client recovered the entire sum it initially sought in the litigation.
• Successfully litigated a “trip and fall” negligence case for a New England supermarket chain from start to finish, ultimately obtaining a defendant’s jury verdict for the supermarket at trial.
• Defended a major insurance carrier in a coverage case involving water damage to a home after a roofing company had failed to adequately cover its work. Obtained summary judgment in favor of the carrier.
• Assisted in the prosecution of a trademark infringement action on behalf of a Burlington-based marketing firm against one of the largest marketing businesses in the world. The case resulted in a confidential settlement on favorable terms to DRM’s client.
• Supported a local high-tech software firm in a lawsuit against a former employee who had misappropriated trade secrets, defected to an international competitor, engaged in copyright infringement, and violated state and federal computer crime statutes. The litigation resulted in a favorable settlement for the client.
• Defended a nationally-known mortgage company in a negligence and breach of contract case brought by homeowners claiming improper disbursement of funds from a construction loan. Obtained summary judgment in favor of the mortgage company.
• Has worked successfully alongside a number of large national firms in handling class action and mass tort lawsuits filed in Vermont in the areas of securities fraud, pharmaceutical and other products liability, real estate transactions, and other issues. Many of these cases have resulted in dismissals in favor of the client, or in favorable settlements.
• Assisted three homeowners in a fraud and environmental litigation matter against a national bank. The case resulted in a multi-million dollar jury verdict for the homeowners.
• In a pro bono matter, assisted a widow and her daughter in reaching a resolution with the holder of an oppressive mortgage, which allowed them to retain their farm property and avoid foreclosure.

Vermont, 2004

U.S. District Court, District of Vermont, 2004

U.S. Court of Appeals, Second Circuit, 2006

U.S. District Court, Eastern District of Wisconsin, 2007

U.S. District Court, District of Colorado, 2019

Defense Research Institute

Tri-State Defense Lawyers Association (former Vermont President)

Vermont Bar Association

Chittenden County Bar Association

International Association of Privacy Professionals

DRI Data Management and Security Committee

Leadership Champlain Alumni Committee

Leadership Champlain Program Class of 2007

Board of Directors for South Burlington Youth Baseball & Softball

Youth sports coaching in South Burlington

Service on DRM United Way Committee

DJ’s Tree Service & Logging, Inc. v. Bandit Industries, Inc., 557 F.Supp.3d 511 (D. Vt. 2021)

Brennan-Centrella v. Ritz-Craft Corp. of Pennsylvania, 942 F.3d 106 (2d Cir. 2019)

MyWebGrocer, Inc. v. Adlife Marketing & Communications Co., Inc., 383 F. Supp. 3d 307 (D. Vt. 2019)

Montanio v. Keurig Green Mountain, Inc., 276 F. Supp. 3d 212 (D. Vt. 2017)

Montanio v. Keurig Green Mountain, Inc., 237 F. Supp. 3d 163 (D. Vt. 2017)

Golesorkhi v. Green Mountain Coffee Roasters, Inc., 973 F. Supp. 2d 541 (D. Vt. 2013)

Bergman v. Spruce Peak Realty, LLC, 847 F. Supp. 2d 653 (D. Vt. 2012)

Kellogg v. Wyeth, 762 F. Supp. 2d 694 (D. Vt. 2010)

State v. Howe Cleaners, Inc., 2010 VT 70, 188 Vt. 303, 9 A.3d 276 (2010)

In re Entergy Nuclear Vermont Yankee Discharge Permit 3-1199, 2009 VT 124, 187 Vt. 142, 989 A.2d 563 (2009)

Kellogg v. Wyeth, 612 F. Supp. 2d 437 (D. Vt. 2009)

Kellogg v. Wyeth, 612 F. Supp. 2d 421 (D. Vt. 2008)

R.L. Vallee, Inc. v. American International Specialty Lines Insurance Co., 431 F. Supp. 2d 428 (D. Vt. 2006)

Matt has authored numerous articles and papers including:

Author, Vermont Legislature Proposes New Consumer Privacy Legislation, www.drm.com (March 15, 2023)

Co-Author, Insurance Law: The Vermont Supreme Court Weighs in on COVID Claims, www.drm.com (October 19, 2022)

Co-Author, Vermont: Overview of the Data Broker Act, OneTrust DataGuidance (December 2021)

Author, Global Data Privacy – USA, Vermont (LexMundi, March 1, 2022 and previous)

Author, Vermont – Data Protection Overview (OneTrust DataGuidance, June 2023

Author, An Update on GDPR and Discovery, Tri-State Defense Lawyers Association Newsletter (June 6, 2019)

Author, Data breaches now the norm instead of the exception, Vermont Business Magazine (March 2015)

Author, The Vermont Supreme Court’s Latest Decision On Implied Indemnity: Exposing A Trap For The Unwary? (Winter 2015)

Co-Author, History Sniffing: Updates On Current Litigation, 3 Bloomberg Law Reports No. 23 (November 14, 2011)

Co-Author, History Sniffing, 3 Bloomberg Law Reports No. 5 (March 7, 2011)

Author, Increasing Your Stock Value at the Firm: Become an “ECF Guru”, Tri-State Defense Lawyers Association Newsletter (December 2008)

Author, A Look at Vermont’s Computer Crime Statute, 34 Vermont Bar Journal No.2, page 1 (Summer 2008)

Infographic regarding the Vermont Security Breach Notice Act.

Speaker, W.T.F. (Wire Transfer Fraud), 2023 Annual Meeting of the Tri-State Defense Lawyers Association (Portsmouth, New Hampshire, September 15, 2023)

Speaker, Your Website Looks Great! But Does It Violate Privacy Laws? (Burlington, Vermont, September 14, 2022)

Speaker, Data Security, Community Call of the Vermont Business Roundtable (Burlington, Vermont, May 21, 2021)

Speaker, Anatomy of a Data Breach, Expert Panel convened by Champlain College, Shields Up! Protecting Your Organization Against Cyber Threats (Burlington, Vermont, October 19, 2019)

Speaker, Anatomy of a Data Breach, Expert Panel convened by the Vermont Attorney General’s Office, 2018 Vermont Tech Jam (Essex Junction,
Vermont, October 19, 2018)

Speaker, Technology Issues for HR, Downs Rachlin Martin PLLC Labor and Employment Law Seminar (Lebanon, New Hampshire, October 18, 2018)

Speaker, Technology Issues for HR, Downs Rachlin Martin PLLC Labor and Employment Law Seminar (Burlington, Vermont, October 16, 2018)

Speaker, The GDPR from 20,000 Feet, 2018 Annual Meeting of the Tri-State Defense Lawyers Association (Portsmouth, New Hampshire, September 21, 2018)

Speaker, Anatomy of a Cyberbreach, Joint DRM-NPI Client Workshop (Burlington, Vermont, October 31, 2017)

Speaker, Digital Assets and Privacy, 8th Annual Elder Law Summit (Royalton, Vermont, October 6, 2017)

Speaker, Data Breaches: The Before, During, and After, 2016 VTCPA Accounting Conference – 2016 and Beyond! (Colchester, Vermont, April 28, 2016)

Speaker, Data Breach Class Action Lawsuits on the Rise: How to Bullet-Proof Your Company From Data Breach Liability, The Knowledge Group/The Knowledge Congress Live Webcast (March 15, 2016)

Speaker, Securing Personal Data for Office and Banking Transactions, NPI and KeyBank (Burlington, Vermont, October 6, 2015)

Speaker, PCI Compliance Seminar, Techgroup and KeyBank (Burlington, Vermont, September 23, 2015)

Speaker, DATA SECURITY BREACHES – Prevention, Response & Protection, Summit Financial Corp. (Andover, Massachusetts, September 22, 2015)

Speaker, 360⁰ of IT Compliance for Business, SymQuest and DRM (Burlington, Vermont, August 13, 2015)

Speaker, PCI Compliance Seminar, Techgroup and KeyBank (Burlington, Vermont, June 12, 2015)

Speaker, Are Former Employees Taking Your Data? – What Employers Need to Know About Applicable Legal Protection, Downs Rachlin Martin PLLC Labor and Employment Law Seminar (Burlington, Vermont, October 23, 2013)

Speaker, Social Media and Privacy: Current Topics, Tri-State Defense Lawyers Association Webinar (Vermont, May 29, 2013)

Speaker, Social Media: Basic Tips to Avoid Risks and Legal Pitfalls, Vermont Chamber of Commerce Business & Industry EXPO (Burlington, Vermont, May 23-24, 2012)

Speaker, Avoid the Legal Pitfalls and Risks of Cyber Crime and Social Media, Vermont Chamber of Commerce Webinar Series (Burlington, Vermont, April 11, 2012)

Speaker, Cybercrimes: Practical Tips for Your Business, Downs Rachlin Martin PLLC Webinar (Burlington, Vermont, October 27, 2011)

Speaker, Computer Crime: Notes on Prevention and Mitigation, Lake Champlain Regional Chamber of Commerce (Vermont, January 20, 2011)

Speaker, Inadvertent Disclosure and Waiver under Rule 502, Tri-State Defense Lawyers Association Annual Meeting (October 9, 2010)

Speaker, E-Discovery: Accessibility, Sanctions & Safe Harbor, Vermont Bar Association 132nd Annual Meeting (Fairlee, Vermont, September 24, 2010)

Speaker, Federal Rule 502 and the Preservation of Privilege in the Age of Electronically Stored Information, Vermont Bar Association Teleconference (December 14, 2009)

Speaker, Deposition Issues, Vermont Bar Association’s Depositions: Tips and Strategies Webinar (February 3, 2009)