Sherwin M. Yoder, CIPP/US
Partner
New Haven
203.784.3107
203.784.3199

Education

  • Quinnipiac University School of Law, Law School
    J.D. 2003
    ~ magna cum laude
  • Wesleyan University, College of Letters, Undergraduate
    B.A. 1995
    ~ cum laude

Admissions

  • Bar Admissions
  • Connecticut
  • New York
  • Court Admissions
  • U.S. District Court, District of Connecticut
  • U.S. International Trade Commission
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Supreme Court

Sherwin practices in Carmody’s litigation group, which was named “highly recommended” Connecticut litigation team in Benchmark Litigation’s Guide to Leading Business Litigation Firms and Attorneys.  Sherwin thrives in taking on the unexpected and hard matters that our clients sometimes face.  

As a certified privacy professional (CIPP/US), Sherwin counsels clients in the areas of data privacy and cyber security.  In cases of data security incidents or breaches involving disclosure of personal health, financial and employment information, Sherwin has coached businesses and health care providers through the process of breach notification and responding to regulators.  When litigation ensues, Sherwin is well positioned to defend or prosecute claims.    

Sherwin works with clients to mitigate the risk of data and privacy breaches.  He has helped clients establish written information security and governance programs. He has reviewed and drafted provisions for vendor contracts, outsourcing agreements, HIPAA Business Associate agreements for compliance with state and federal data security and privacy laws.  Sherwin has advised clients in M&A and commercial real estate deals involving the transfer of data containing sensitive personal and commercial information. He advises clients on purchasing cyber insurance coverage.  He speaks regularly on privacy and cyber security best practices to clients and professional groups.   

Sherwin’s litigation practice is diverse.  He has served non- and for-profit entities, utilities and municipalities in complex commercial litigation involving environmental issues, breach of contract, unfair trade practices and intellectual property disputes, as well as personal injury defense.  He defends hospitals and doctors, including psychiatrists, against medical negligence claims.  He also advocates for hospitals in involuntary medication and commitment proceedings before the Probate Court.  

Sherwin can make the client secure in any forum.  He has practiced before administrative agencies and at all three levels of state and federal court, including the U.S. Supreme Court and the U.S. International Trade Commission.  Sherwin enjoys working with out-of-state attorneys as local counsel in Connecticut state and federal courts, whether the client needs only limited local guidance or more active involvement.   

  • Coached national on-line retailer of high-end specialty products through data breach notification process involving customer payment card information in 42 states and territories
  • Counseled regional provider of ophthalmology services in negotiation of Administrative Services Agreement and Business Associate agreement 
  • Advise national nonprofit organization on development of written information privacy and security audit program
  • Guided response of regional nonprofit provider of social services in response to incident involving breach of sensitive medical diagnosis in potential violation of HIPAA Privacy Rule
  • Counseled affordable housing complex in complying with potential buyer due diligence involving proposed disclosure of tenant personal and medical information
  • Counseled regional health insurer in responding to Civil Investigative Demand issued by the U.S. Department of Justice, Antitrust Division
  • In wrongful death, medical negligence case, part of defense team that secured complete withdrawal of action against psychiatrist client without settlement payment, prior to trial resulting in $12 million jury verdict against remaining defendant
  • On behalf of regional oil and propane supplier, prosecuted client’s former division manager for violation of noncompetition agreement, resulting in favorable settlement award and enforcement of agreement
  • Prosecuted former commercial tenant and chemical industry giant for recovery of environmental remediation costs in federal court litigation, resulting in favorable settlement on eve of trial
  • In wrongful death, failure to diagnose cancer case, obtained dismissal against  gastroenterologist based on novel issue of law under Connecticut Accidental Failure of Suit Statute
  • On behalf of defendant psychiatrist in wrongful death, medical negligence case, successfully compelled the deposition of decedent’s adult children over objection of estate representative, immediately precipitating withdrawal of action and  dramatic reduction of settlement demand 
  • Member of trial team that obtained defense verdict for psychiatrist in wrongful death, medical negligence case with $4 million demand
  • Obtained dismissal of novel constitutional law claims alleging $90 million in injuries from exposure to power-line electric and magnetic fields (EMF), including successful defense through two federal court appeals and petition for writ of certiorari to U.S. Supreme Court
  • In computer crime and misappropriation of trade secrets case, secured employer-friendly federal appellate court decision providing novel interpretation of state statute governing court jurisdiction over out-of-state former employees
  • Counseled international church denomination through federal prosecution and settlement of defamation claims against radio personality and web journalist
  • In pro bono engagement for owner of home damaged by fire, obtained damages award against home improvement contractor that failed to finish job and made client whole through successful application to Connecticut Home Improvement Guaranty Fund
  • Advised regional utility company during multi-state administrative review of merger transaction and defended related administrative appeals
  • Won summary judgment for utility company in federal CERCLA action by scrap yard owner seeking $1.4 million recovery for remediation of PCB contamination
  • Part of defense team that obtained noninfringement rulings for local distributor and Taiwanese manufacturer of coaxial cable connectors in action brought in the U.S. International Trade Commission
  • In pro bono appointment for state inmate, obtained substantial settlement from federal government in civil forfeiture action
  • For national internet software retailer, favorably resolved trademark and copyright infringement claims asserted by worldwide software maker
  • Served as counsel for all check fraud prosecutions for regional banking institution
  • On behalf of majority of commercial real estate partnership, obtained judgment dissociating partner for wrongful conduct
  • Part of trial team that secured eviction of bank holding over in a commercial space on behalf of real estate partnership

Before Carmody

Before joining our firm, Sherwin clerked for the Honorable Alvin W. Thompson of the U.S. District Court in Hartford.  Sherwin draws upon his experience with federal court clerks, judges, magistrates and government lawyers in order to counsel clients and out-of-state attorneys about federal practice in Connecticut.  Before law school, Sherwin worked his way from examining short- and long-term disability claims for The Hartford Life Insurance Company to drafting group disability policies and advocating before state insurance commissioners.   

  • Certified Information Privacy Professional/United States by the International Association of Privacy Professionals, 2015

  • Selected for inclusion in New England Super Lawyers in the area of Business Litigation, 2013-2016

  • Selected for inclusion in Connecticut Super Lawyers in the area of Business Litigation, Utilities, Intellectual Property Litigation, 2013, 2015-2016

  • Member, Civil Pro Bono Panel, U.S. District Court for the District of Connecticut, 2009-present

  • Selected for inclusion in New England Super Lawyers – Rising Stars in the area of Business Litigation, 2010-2012

  • Selected for inclusion in Connecticut Super Lawyers – Rising Stars in the areas of Business Litigation, Utilities and Intellectual Property Litigation, 2010-2012

  • Managing Editor, Quinnipiac Health Law Journal, 2002-2003

Community Involvement

  • Volunteer, Federal Court Public Outreach Committee, Annual Law Day High School Trial Simulation, New Haven, 2011-present
  • Wallingford Rotary Club
    • Rotarian of the Year, 2016
    • Membership Committee Chair, 2015-present
    • Program Chair, High School Public Speaking Contest, Wallingford Rotary Club, 2013-present
    • Co-chair, annual Celebrate Wallingford fundraiser, 2012-present
    • Board of Directors, 2012-2014
  • Middle school and high school mock trial coach and judge, 2009-2014
  • Volunteer speaker, Connecticut Public Schools, Constitution Day ceremonies, 2009-2012
  • Board of Directors, Maranatha Christian Church of America, 2009-2014
  • Church missions related trips abroad, including to Brazil and South Korea, 1994-present

Affiliations

  • International Association of Privacy Professionals
  • InfraGard, Connecticut Chapter
  • New Haven County Bar Association
  • Connecticut Bar Association
    • Federal Practice Section, Legislative Liaison and Executive Committee Member, 2014-present
    • Law-Related Education Committee, Connecticut Bar Association, 2009-2012
    • Executive Committee, Connecticut Bar Association Young Lawyers Section, Co-Chair of Intellectual Property Law Subcommittee, 2009-2010