Jamie Orenstein’s practice focuses on representing clients in litigation, advising clients on how to respond to legal process, and performing neutral case evaluation and mediating disputes.
Jamie joined ZwillGen after serving for 16 years as a United States Magistrate Judge in the Eastern District of New York. In that role, he oversaw all pretrial litigation in civil cases, made recommendations on dispositive motions, and presided at bench and jury trials in civil cases. His work included the pretrial oversight of complex multi-district class action antitrust litigation involving the payment card industry, intellectual property issues, and a wide array of civil procedure issues.
Jamie’s experience as a federal Judge sets him apart from others in the privacy and data security space. During his time on the bench, he was a pioneer in addressing the statutory and constitutional privacy and security issues arising from the advent of modern surveillance technologies. Notably, Jamie wrote the first federal judicial opinion on the need for a warrant for prospective cell phone location tracking under the Stored Communications Act, and eight years before the Supreme Court did so in Carpenter v. United States, he penned an opinion holding that a subpoena requiring a service provider to disclose a customer’s long-term historical location records is a Fourth Amendment search requiring a warrant. More recently, in In re Apple, Inc., Jamie held that the government could not force a private company to help it access data on a locked smart phone. Jamie’s unique background on the front lines of technology issues allows him to help his clients understand how a judge will assess and resolve them.
Jamie’s judicial duties regularly involved helping parties to settle their disputes, often before expensive motion practice and trial. From civil rights and personal injury claims, to labor and employment cases, to high-value business and antitrust disputes, Jamie brought parties together through hundreds of formal settlement conferences involving both facilitative and evaluative mediation as well as less formal discussion with parties to help them determine which factual or legal issues they needed to litigate before they could enter meaningful negotiations.
Jamie often speaks at conferences and judicial training workshops on issues relating to surveillance technologies and search and seizure law. He also teaches a seminar on complex federal criminal investigations as an adjunct law professor at NYU School of Law and has previously taught seminars on professional responsibility in criminal practice and capital punishment.
Prior to his judicial appointment, Jamie was a litigation partner at Baker Hostetler, where he helped launch their New York office. Jamie represented clients in both civil and criminal cases as well as white collar investigations. Among other matters, Jamie successfully represented a Fortune 500 company in a federal criminal investigation that resulted in no action against the client or its executives. Jamie also secured the dismissal of felony charges against an executive charged with federal charges arising out of an investigation of election fundraising and wrote the successful brief for a major media company in a civil tax case before the Sixth Circuit. As part of his pro bono work at the firm, Jamie represented a group of current and former attorneys general, prosecutors, and others as amici in a Supreme Court case challenging a criminal conviction based on an unconstitutional application of a state three-strikes law.
Earlier in his career, Jamie spent eleven years at the Justice Department. As an AUSA in Brooklyn, NY, Jamie focused on organized crime and was part of the prosecution team that convicted mob boss John Gotti, for which he received the Attorney General’s Distinguished Service Award. From there, Jamie joined the task force of prosecutors and agents selected from across the country to handle the case against the two men responsible for the Oklahoma City bombing in 1995. He served as trial counsel in two separate months-long trials resulting in the convictions of both defendants and was again honored with the Distinguished Service Award. Jamie then served in the Office of Legal Counsel and was ultimately appointed Associate Deputy Attorney General in the office of Deputy Attorney General Eric Holder.
New York University School of Law, J.D., 1987
Harvard University, 1984, magna cum laude
United States Magistrate Judge, Eastern District of New York
United States Department of Justice:
Baker & Hostetler
Duker & Barrett
Law clerk to the Honorable James Hunter, III, U.S Court of Appeals, Third Circuit
U.S. Supreme Court
U.S. Circuit Courts: 2nd, 3rd, 6th, and 10th Circuits
U.S. District Courts: