Overview

Adam Brouillet focuses his practice on data privacy, cybersecurity, and business litigation. Businesses of all sizes collect and store sensitive personal and payment information of their employees, customers, and clients. Handling this information comes with legal risks and responsibilities. Adam advises clients on how to minimize risk and comply with laws governing information privacy and cybersecurity. This includes drafting information security procedures, training business owners and employees, and preparing data breach response plans. Adam also advises on vendor relationships, insurance policies, and transactions from a data privacy and cybersecurity law standpoint. In the event of a data breach, Adam guides clients on what to do and how to comply with any applicable legal requirements. This may include retaining a forensic specialist under the attorney-client privilege, notifying affected individuals and other third parties if required by law, and defending lawsuits or regulatory proceedings arising from the data breach.

Adam also represents businesses in general commercial disputes, including contract disputes, landlord-tenant and real estate matters, employment disputes, factoring agreements, and federal and state debt collection laws. Adam represents clients in trial and appellate courts, mediation, and arbitration.

Adam joined Trenam in 2008. Adam is a Shareholder of the firm and is AV-rated by Martindale-Hubbell. Adam was previously known as Adam S. Butkus.

Representative Matters

Data Privacy and Cybersecurity Representative Matters

• Advised professional services firm on how to comply with data privacy laws.
• Advised retailer following a data breach.
• Advised technology company in the investigation of a potential data security incident.
• Advised online retailer regarding cybersecurity insurance.
• Prepared written information security program to protect donor, beneficiary, and employee information held by nonprofit organization in compliance with law.

Commercial Litigation Representative Matters

• Prevailed at trial on behalf of homeowners against a flooring contractor on claims of over-billing and unlawful collection practices.
• Represented factoring companies in recovering amounts owed from debtors or customers on factored accounts.
• Represented home health care service company to recover several hundred thousand dollars’ worth of checks stolen by a sales representative.
• Represented commercial landlords and tenants in eviction actions.
• Represented title insurers in actions to quiet title and remove clouds on title to real estate.
• Represented banks and other lenders in commercial and residential foreclosure actions.
• Represented banks to resolve claims alleging violations of debt collection laws, including the Florida Consumer Collection Practices Act and the federal Fair Debt Collection Practices Act.
• Represented nutritional supplement manufacturer in resolving dispute over allegedly deceptive trade practices.
• Represented museum in resolving dispute over a potential employment agreement.

Appellate Representative Matters

• Secured reversal of summary judgment in real estate contract dispute.  Head v. Sorensen, 220 So. 3d 569 (Fla. 2d DCA 2017).
• Secured affirmance of the dismissal of a claim for patent infringement. Taylor v. Taylor Made Plastics, Inc., 565 F. App’x 888 (Fed. Cir. 2014).
• Secured affirmance of the denial of a motion for attorneys’ fees. Gross v. Fuss, 77 So. 3d 185 (Fla. 2d DCA 2012).

Honors and Distinctions

• Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals
• AV Preeminent Peer Review Rated by Martindale-Hubbell
• Florida Super Lawyers, Rising Star 2017-2018

Professional Involvement

• The Florida Bar
• St. Petersburg Bar Association
• American Bar Association
• International Association of Privacy Professionals

Community Involvement

• Leadership St. Pete, Class of 2018
• St. Petersburg Chamber of Commerce
• Volunteer, Project Prosper
• Volunteer head coach, Northeast Little League
• Volunteer tutor, Lawyers for Literacy

News

• Trenam’s Appellate Newsletter: The Fundamentals of Preserving Error for Appeal
• Adam B. Brouillet Becomes a Certified Information Privacy Professional/United States
• Understanding “Reasonable Cybersecurity Measures” to Safeguard Data
• Adam Brouillet authors article “Five ways to protect yourself when using cryptocurrency”
• The Legal Implications of Cybersecurity When Collecting Personal Information
• Forty Seven Trenam Attorneys Recognized in Florida Super Lawyers 2018
• Trenam Cybersecurity Update: All 50 States Now Have Data Breach Laws
• Forty-Five Trenam Attorneys Recognized in Florida Super Lawyers 2017
• Adam Brouillet’s Article Featured in March 2017 Issue of The Florida Bar Journal
• Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

Publications

• "Understanding “Reasonable Cybersecurity Measures” to Safeguard Data," Financial Poise, September 2018.
• "Five ways to protect yourself when using cryptocurrency," Tampa Bay Business & Wealth, September 2018.
• "The Legal Implications of Cybersecurity When Collecting Personal Information," Financial Poise, August 2018.
• "All 50 States Now Have Data Breach Laws," Trenam Law Cybersecurity Update, April 2018.
• "Post-Judgment Collection: Stepping Into the Shoes of the Judgment Debtor in Claims Against Third Parties," The Florida Bar Journal, Volume 91, No. 3, March 2017.
• "Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches", Trenam Legal Update, February 2017.
• Ending Modern-Day Slavery in Florida: Strengthening Florida's Legislation in Combating Human Trafficking,” 37 Stet. L. Rev. 297 (2007).

Presentations

• Panelist, “Byte-Size Program: Cybersecurity Basics for Small Business,” Florida Small Business Development Center at USF, February 2019
• Panelist, “Cybersecurity Before and After a Breach: The Legal, Technical, and Security Implications,” Brazil-Florida Business Council, June 2018.
• Panelist, “Byte-Size Program: Cybersecurity Basics for Small Business,” Florida Small Business Development Center at USF, June 2018 
• "Cybersecurity for CPAs: A Legal Perspective,"  Southwest Florida Chapter of the Florida Institute of Certified Public Accountants, May 2018.
• "Cybersecurity for CPAs: A Legal Perspective," Mid-Florida Chapter of the Florida Institute of Certified Public Accountants, October 2017.
• “Cybersecurity Concerns for Attorneys and Their Clients: How to Protect Against and Survive Cyber Attacks,” Business Law Section of the Florida Bar, September 2017.
• Panelist, Cybersecurity Seminar at the Tampa Club, August 2017.
• "Cybersecurity for CPAs: A Legal Perspective," Gulf Coast Chapter of the Florida Institute of Certified Public Accountants, June 2017.
• "Cybersecurity for CPAs: A Legal Perspective," Suncoast Chapter of the Florida Institute of Certified Public Accountants, February 2017.