Patrick X. Fowler

Bar Admissions

• Arizona

Court Admissions

• Supreme Court of Arizona
• United States Court of Appeals, Ninth Circuit
• United States District Court, District of Arizona
• United States District Court, Western District of Michigan

Education

• University of Kansas School of Law (J.D.)
  • National Moot Court Team
  • National Appellate Advocacy Team
• University of Kansas (B.A., Molecular Biology)

Awards & Recognition

• The Best Lawyers in America^®, Product Liability Litigation – Defendants (2016-2025)
  • Phoenix Lawyer of the Year, Product Liability Litigation – Defendants (2023)
• AZ Business Leader, AZ Business Leaders Magazine (2022)
• Southwest Super Lawyers^®, Personal Injury – Products Defense (2016-2022)
• Top 100 Lawyers in Arizona: Product Liability Litigation, Arizona Business Magazine (2017)
• Top 50 Pro Bono Attorneys in Arizona, Arizona Foundation for Legal Services & Education (2010)
• Exceptional Service Award, Volunteer Lawyers Program (2004)
• Pro Bono Lawyer of the Month, Volunteer Lawyers Program (October 1992, September 2003)

Professional Memberships and Activities

• State Bar of Arizona
  • Standing Committee on Technology, Board Member (2014-2017 term)
  • E-Commerce and Technology Section, Board Member (2013-Present)
  • Appointments Committee, Member (2006-2012)
• American Bar Association
  • Section of Litigation Products Liability Committee, Newsletter Co-Editor (2014-Present)
• Arizona Association of Defense Counsel
• Maritime Law Association
• American Boat and Yacht Council
• International Association of Privacy Professionals
  • Phoenix KnowledgeNet Chapter, Co-Chair
• e-Commerce Law & Strategy, Board of Editors
• Judge Pro Tempore, Superior Court, Maricopa County, Arizona

Community Involvement

• Volunteer Lawyers Program
  • Advisory Committee, Member (1992-2012)
  • Advisory Committee, Chair (2005-2010)
• Community Legal Services
  • Board President (2010-2011)
  • Executive Committee (2007-2013)
  • Board Member (2006-2013)
• Boy Scouts of America
  • Merit Badge Counselor

Representative Presentations and Publications

Publications

• “Taxpayer Cybersecurity – Step 4: Recognize Identity Theft,” Co-Author, S&W Cybersecurity and Data Privacy Law Blog (August 14, 2019)
• “Taxpayer Cybersecurity – Step 3: Avoid E-mail Phishing Scams,” Co-Author, S&W Cybersecurity and Data Privacy Law Blog (August 13, 2019)
• “Taxpayer CyberSecurity — Step 2: Create A Data Security Plan,” Co-Author, S&W Cybersecurity and Data Privacy Law Blog (August 9, 2019)
• “Taxpayer CyberSecurity — Step 1: Protect Your Systems!,” Co-Author, S&W Cybersecurity and Data Privacy Law Blog (August 6, 2019)
• “Facing the Issue: San Francisco Bans City Use of Facial Recognition Technology,” Co-Author, S&W Cybersecurity and Data Privacy Law Blog (July 12, 2019)
• “Supreme Court: Warrant Usually Required For Cell Tower Records to Track a Person’s Movements,” Author, S&W Cybersecurity and Data Privacy Law Blog (June 22, 2018)
• “Celebrate National Tax Security Awareness Week!,” Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (November 26, 2017)
• “Happy Cybersecurity Awareness Month! Are you Safe?,” Author, AZ CPA (October 2017)
• “WannaCry: What to Know and What to Do,” Co-Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (May 19, 2017)
• “Notable New State Privacy and Data Security Laws – Part 2,” Co-Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (February 20, 2017)
• “Notable New State Privacy and Data Security Laws – Part 1,” Co-Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (February 13, 2017)
• “Data Privacy Day? Yeah, it’s a Thing,” Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (January 27, 2017)
• “NIST Issues Draft Update to the Cybersecurity Framework,” Author, Snell & Wilmer Cybersecurity and Data Privacy Law Blog (January 11, 2017)
• “FTC Releases a Data Breach Response Guide For Business,” Author, Into the Breach … Data Privacy and Protection Blog (October 27, 2016)
• “Trust Gap Hinders Cyber Attack Reporting,” Author, Into the Breach … Data Privacy and Protection Blog (September 28, 2016)
• “Congress Releases Unclassified Summary on Snowden/NSA Leak,” Author, Into the Breach … Data Privacy and Protection Blog (September 16, 2016)
• “Privacy Tip: Cover Your Computer Camera and Microphone,” Author, Into the Breach … Data Privacy and Protection Blog (September 16, 2016)
• “The FTC Rules Against LabMD in On-Going Data Security Case,” Author, Into the Breach … Data Privacy and Protection Blog (August 11, 2016)
• “HIPAA News: HHS Getting Tough On ePHI Data Breaches,” Author, Into the Breach…Data Privacy and Protection Blog (August 6, 2016)
• “Ransomware Attacks on ePHI May Be a Data Breach Under HIPAA,” Author, Into the Breach … Data Privacy and Protection Blog (July 19, 2016)
• “Utah’s Personal Information Protection and Data Breach Laws,” Co-Author, Into the Breach … Data Privacy and Protection Blog (March 16, 2016)
• “Identity Theft Protection Services – Federal Income Tax Treatment,” Co-Author, Snell & Wilmer Legal Alert (March 14, 2016)
• “Nearly 50 Million Records Breached in California Since 2012,” Co-Author, Snell & Wilmer Legal Alert (February 26, 2016)
• “DHS/DOJ Issue Guidance on Cyber Threat Info Sharing,” Author, Into the Breach … Data Privacy and Protection Blog (February 25, 2016)
• “FBI v Apple: Using a 1789 Law in a 21st Century Privacy Fight,” Co-Author, Into the Breach … Data Privacy and Protection Blog (February 19, 2016)
• “Nevada’s Revised Data Security Law,” Co-Author, Into the Breach … Data Privacy and Protection Blog (February 18, 2016)
• “Businesses Take Note: The FTC Assesses Big Data Practices,” Co-Author, Into the Breach … Data Privacy and Protection Blog (February 5, 2016)
• “Sanity Prevails? The Framework for the New EU – U.S. Privacy Shield,” Author, Into the Breach … Data Privacy and Protection Blog (February 2, 2016)
• “Scammers Up the Ante With Caller ID Spoofing,” Author, Into the Breach … Data Privacy and Protection Blog (January 27, 2016)
• “FAA Releases Interim Rule For Drone Registration,” Co-Author, Into the Breach … Data Privacy and Protection Blog (January 22, 2016)
• “Almost Ready to Fly: New Registration Regs for Small UAS/Drones,” Co-Author, Into the Breach … Data Privacy and Protection Blog (November 25, 2015)
• “Now What? Europe’s High Court Sinks the U.S. – EU Safe Harbor Data Transfer Program,” Author, Into the Breach … Data Privacy and Protection Blog (October 6, 2015)
• “Government Websites With Cybersecurity Tips & Information,” Author, Into the Breach … Data Privacy and Protection Blog (September 8, 2015)
• “Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity,” Author, Into the Breach … Data Privacy and Protection Blog (August 26, 2015)
• “FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk,” Author, Into the Breach … Data Privacy and Protection Blog (August 15, 2015)
• “Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?,” Author, Into the Breach … Data Privacy and Protection Blog (July 22, 2015)
• “The EU’s S-L-O-W March Towards a Uniform Data Protection Regime,” Co-Author, Into the Breach … Data Privacy and Protection Blog (June 25, 2015)
• “FINRA Fines Financial Firm for Failing to Encrypt Customer Data on Lost Laptop,” Co-Author, Into the Breach … Data Privacy and Protection Blog (June 19, 2015)
• “Data Breach Costs Surge Again,” Co-Author, Into the Breach … Data Privacy and Protection Blog (June 9, 2015)
• “New Guidance from the SEC: Cyber Security Best Practices,” Author, Into the Breach … Data Privacy and Protection Blog (May 1, 2015)
• “Can the U.S. – EU Safe Harbor Weather the storm?,” Author, Into the Breach … Data Privacy and Protection Blog (March 24, 2015)
• “Why You Need a Privacy Policy – Part 2: Avoiding Three Common Fumbles,” Author, Into the Breach … Data Privacy and Protection Blog (March 12, 2015)
• “Why You Need a Privacy Policy – Part 1,” Author, Into the Breach … Data Privacy and Protection Blog (March 10, 2015)
• “Another Good Reason to Pay Heed to Cyber Security,” Author, Into the Breach … Data Privacy and Protection Blog (March 6, 2015)
• “UPDATE: Hotel Industry Members Withdrawal FCC Wi-Fi Petition,” Author, Into the Breach … Data Privacy and Protection Blog (March 3, 2015)
• “Cleared for Takeoff? Feds Release Proposed Regulations for Unmanned Aircraft Systems,” Co-Author, Into the Breach … Data Privacy and Protection Blog (February 19, 2015)
• “Pass it Around: New Executive Order Pushes Greater Sharing of Cyber-Threat Information,” Author, Into the Breach … Data Privacy and Protection Blog (February 18, 2015)
• “It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data,” Co-Author, Into the Breach … Data Privacy and Protection Blog (February 12, 2015)
• “Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No and Fines a Hotel $600,000,” Author, Into the Breach … Data Privacy and Protection Blog (January 28, 2015)
• “Bankruptcy Sales of Personally Identifiable Information: Does it Satisfy the Privacy Policy?,” Co-Author, Into the Breach … Data Privacy and Protection Blog (November 19, 2014)
• “Breaching Bad: New Cyber Security Regs for Defense Contractors,” Author, Snell & Wilmer Legal Alert (August 29, 2014)
• “The Human Factor in Data Security: Why Technology Alone Isn’t Enough,” Author, eCommerce Law & Strategy, Vol. 31, No. 1 (May 2014)
• “5 Things Every Company’s Data Security Program Should Include,” Co-Author, JDSupra Business Advisor (April 24, 2014)
• “A Brief Survey of Current and Future Developments in Privacy, Data Protection and Cyber Security Law,” Author, ACC America Arizona Chapter, FOCUS, 1Q, pp. 5-6 (2014)
• “Malware in the Machines: Cybersecurity for Medical Devices and Hospital Networks,” Author, Snell & Wilmer Legal Alert (June 20, 2013)
• “Recoverability of e-Discovery Costs in Federal Court: An Update,” Co-Author, JDSupra.com (April 2012)
• “What E-Discovery Costs Are Recoverable?” Co-Author, DRI Today (August 10, 2011)

Speaking Engagements

• “Product Liability Update,” Presenter, Snell& Wilmer Virtual CLE Series (June 16, 2022)
• “Cybersecurity and Privacy Regulations: Adapting to the New Normal,” Presenter, Arizona Society of CPA’s Technology for Accountants Conference, Phoenix, AZ (December 6, 2017)
• “Recent Developments in Privacy and Cybersecurity Law,” Presenter, Phoenix Security and Audit Conference, Phoenix, AZ (September 7, 2017)
• “Cyber Security and the Law: An Update,” Presenter, (ISC)2 Phoenix Chapter, Phoenix, AZ (May 18, 2017)
• “Prepare to be Hacked: Practical Pointers for Preserving Your Company’s Digital Assets” Seminar Chair and Co-Presenter, State Bar of Arizona CLE (May 3, 2017)
• “Preparing for 2017: Cybersecurity and Data Privacy,” Presenter, Emerging Business Seminar, Scottsdale, AZ (January 4, 2017)
• “Automotive Cybersecurity,” Co-Presenter, Discussion Group, Irvine, CA (January 2017)
• “Preparing For Cyber Armageddon: Practical Tools For Law Firm Data Security, Privacy And Cyber Liability” Session Chair and Co-Presenter, State Bar of Arizona Annual Convention, Phoenix, AZ (June 16, 2016)
• “Recent Events in Cyber Security,” Co-Presenter, ISC2 Phoenix Chapter, Phoenix, AZ (May 19, 2016)
• “Cyber Security: A Mid-Year Update,” Co-Presenter, Association of Corporate Counsel, Mountain West Chapter, Salt Lake City, UT (May 5, 2016)
• “Cybersecurity Information Sharing Act of 2015: A Primer,” Presenter, Industrial Control Systems Joint Working Group (ICSJWG) Spring Meeting, Scottsdale, AZ (May 4, 2016)
• “Lawyers Leading the Race to Cyber Security,” Co-Presenter, Association of Corporate Counsel, Arizona Chapter (April 14, 2016)
• “Legal Considerations of a Data Breach Incident Response,” Co-Presenter, ISSA Phoenix Chapter Quarterly Meeting, Phoenix, AZ (April 12, 2016)
• “Gambling, Credit Cards and Privacy: a Regulatory Environment Trifecta,” Co-Presenter, American Bar Association Gaming Law Minefield Institute, Las Vegas, NV (February 11, 2016)
• “2016 Update on Cyber Security and Data Protection,” Presenter, Emerging Business Seminar, Scottsdale, AZ (January 6, 2016)
• “Data Privacy and Security for Employee Benefit Plans,” Presenter, Western Pension & Benefits Council, Phoenix Chapter (December 10, 2015)
• “Data Breach Response: Learning from the Mistakes of Others,” Presenter, REDW Technology Conference, Albuquerque, NM (October 13, 2015)
• “Dealing With the Evolving Privacy and Cybersecurity Regulatory Ecosystem,” Presenter, International Association of Privacy Professionals (IAPP) KnowledgeNet (September 16, 2015)
• “Cyber Threats and Data Privacy in the Information Age” Guest Lecturer, Grand Canyon University (September 15, 2015)
• “Cybersecurity and Data Privacy: 2015 Update,” Presenter, State Bar of Arizona Construction Law Section (September 8, 2015)
• “How to Protect a Company Against a Data Breach,” Presenter, Emerging Business Seminar, Scottsdale, AZ (September 2, 2015)
• Information Sharing and Analysis Organizations (ISAO) II Workshop, Dept. of Homeland Security, Participant, San Jose, CA (July 30, 2015)
• Information Sharing and Analysis Organizations (ISAO) Workshop, Dept. of Homeland Security, Participant, Boston, MA (June 8, 2015)
• “Breaching Bad: Cyber Security Risks, Regulations and Solutions,” Presenter and Panelist, Supply Chain Security: A Moving Target, ERAI Conference San Diego (April 22, 2015)
• “When Ethics, Experts and Litigation Strategy Collide,” Co-Presenter, Association of Corporate Counsel Seminar, Phoenix Chapter (April 21, 2015)
• “Cyber Insurance and Data Risk,” Co-Presenter, PriceWaterhouseCoopers Roundtable, Phoenix (March 5, 2015)
• “What’s Trending in Privacy, Data Protection and Cybersecurity in 2015?,” Presenter, Snell & Wilmer Emerging Business Seminar Series, Scottsdale, AZ (January 7, 2015)
• “Avoiding the Pitfalls of Spoliation and Over-Preservation,” Co-Presenter, Maricopa County Bar Association Paralegal Division Convention (October 10, 2014)
• “The Role of Insurance in Cyber Security Risk Management,” Moderator, Snell & Wilmer Privacy and Cyber Security Risk Management Series (October 8, 2014)
• “Reducing the Risk and Consequences of a Data Breach,” Co-Presenter, State Bar of Arizona CLE Event (October 1, 2014)
• “Tips for Protecting Your Privacy and Personal Data,” Presenter, Arizona Summit Law School/eCommerce and Technology Section, State Bar of Arizona (September 23, 2014)
• “Privacy, Data Protection and Cybersecurity: What You Need to Know Now About Regulations and Compliance,” Presenter, Data Plus Conference, Phoenix, AZ (September 8, 2014)
• “A Legal Perspective on Privacy and Data Protection,” Co-Presenter, (ISC)2 Phoenix Chapter (August 14, 2014)
• “Are You the Customer or the Product Being Sold? Privacy and Data Protection in 2014” Guest Lecturer, Arizona Summit Law School (July 9, 2014)
• “Cloud Computing in Healthcare: Mitigating Privacy Risks and Negotiating Business Associate Agreements,” Co-Presenter, Strafford Webinar (June 11, 2014)
• “Privacy, Data Protection and Cyber Security: The Mid-Year Update,” Co-Presenter, State Bar of Arizona CLE Program (May 29, 2014)
• “Today’s Cyber-Threat Environment,” Co-Presenter, The New Cybersecurity Framework Seminar, Phoenix, AZ (April 22, 2014)
• “Tips for Protecting Your On-Line Privacy and Personal Data,” Co-Presenter, Arizona Women Lawyers Association Seminar (March 26, 2014)
• “The Ethics of Big Data. Who Knows What?” Panelist, Privacy Forum, Arizona State University Lincoln Center for Applied Ethics (February 28, 2014)
• “Electronic Discovery Update: The Changes and Challenges of 2014,” Presenter, State Bar of Arizona CLE Program (February 21, 2014)
• “Data Security and Privacy Seminar (Featuring Dr. Ann Cavoukian),” Panel Member, Los Angeles, CA (November 12, 2013)
• “Cybersecurity and Privacy Concerns After NSA Surveillance Revelations,” Co-Presenter, Legal Issues Impacting Data Center Operations Seminar, Phoenix, AZ (November 5, 2013)
• “Hidden Hazards of Cloud Computing,” Presenter, Boating Industry Risk Management Council, International Boating Exposition Show, Louisville, KY (September 18, 2013)
• “Litigation Bootcamp: Introduction to E-Discovery,” Presenter, Litigation Training Seminar, Phoenix, AZ (September 13, 2013)
• “Electronic Discovery for the Employment Lawyer,” Co-Presenter, State Bar of Arizona Employment Law Section (June 21, 2013)
• “Legal Ethics + Cloud Computing and Data Privacy,” Co-Presenter, Association of Corporate Counsel (May 21, 2013)
• “E-Discovery in 2013: What You Need to Know,” Presenter, The Knowledge Congress Webcast (February 6, 2013)
• “Ethics and E-Discovery,” Presenter, Maricopa County Bar Association Paralegal Division Convention (September 28, 2012)
• “E-Discovery for New Lawyers,” Presenter, Litigation Training Seminar (September 2012)
• “What Every Paralegal Should Know About E-Discovery,” Presenter, Paralegal Conference (June 2012)
• “Cloud Computing and Related Legal Issues,” Presenter, Lex Mundi Dispute Resolution Committee, St. Louis, MO (April 2012)
• “Social Media: Who, What & Where,” Presenter, Orange County Institute of Internal Auditors Fraud Seminar (March 2012)
• “Crafting a Defensible Electronic Discovery Plan,” Presenter, Nevada State Bar CLE, Las Vegas, NV (April 2011)
• “Ethics and E-Discovery,” Presenter, Corporate Counsel Forum, Phoenix, AZ (March 2011)
• “The ‘Good Company’ Defense,” Presenter, Surf Expo, Orlando, FL (September 2010)

Selected Media Coverage

• “Employers May be Liable for Worker Identity Theft,” Quoted, HR Magazine (November 8, 2017)
• “Nationwide Ruling Lowers Hurdle For Data Breach Victims,” Quoted, Law360 (September 14, 2016)
• “Spokeo Landscape Gets Clarity In 8th Circ. Charter Ruling,” Quoted, Law360 (September 6, 2016)
• “Ashley Madison Action Shows Global Regs Can’t Be Cheated,” Quoted, Law360 (August 29, 2016)
• “Cyber Policies Start To Show Their Limitations,” Quoted, Business Insurance (July 18, 2016)
• “Microsoft’s 2nd Cir. Win Shows Limits To Gov’t Data Reach,” Quoted, Law360 (July 14, 2016)
• “Microsoft Faces Long Odds in Fight Against Government Gag Order,” Quoted, Law360 (April 15, 2016)
• “Home Depot Breach Case Shows ‘Cash-Plus’ Deals Are Key,” Quoted, Privacy Law360 (March 9, 2016)
• “9 Ways to Bullet-Proof Your Privacy Policy,” Quoted, Information Week (October 23, 2015)
• “Breach Victims’ Ruling Causes Uncertainty,” Quoted, Business Insurance (August 2, 2015)
• “Anthem’s Speedy Breach Detection Likely to Ease Liability,” Quoted, Law360 Privacy (February 6, 2015)
• “8 Cybersecurity Resolutions to Make in 2015,” Quoted, Business News Daily (December 8, 2014)
• “White House Uploads U.S. Cybersecurity Framework,” Quoted, eCommerce Law & Strategy (March 2014)
• “U.S. companies allowed to delay disclosure of data breaches,” Quoted, Thomson Reuters (January 16, 2014)
• “Product Liability Risk Management: The Good Company Defense,” Interview, Pro Boat Radio Webcast (August 13, 2013)