DKYK&B

Gary L. Kaplan is a Partner in the firm of DeForest Koscelnik Yokitis Kaplan & Berardinelli. Mr. Kaplan is both a business counselor and trial lawyer, whose practice includes information technology (“IT”), e-commerce, antitrust, commercial litigation, discrimination law, and higher education. He is listed in Best Lawyers in America and Who’s Who in American Law. Mr. Kaplan has also been selected to be a member of the Commercial Arbitration Panel of Neutrals of the American Arbitration Association. Before joining the firm, Mr. Kaplan was a partner at Reed Smith, LLP. Mr. Kaplan received his B.A., summa cum laude, with distinction in economics from Yale University (1980) and his J.D. from the University of Chicago Law School (1983).

In technology matters, Mr. Kaplan primarily represents businesses that purchase and rely upon technology to enhance efficiency and customer services. For example:

•	Mr. Kaplan advises Mellon Financial Corporation and other financial institutions in connection with acquisitions of large scale IT systems, disaster recovery, outsourcing, project management (including dispute resolution), privacy and security, and e-commerce policies and practices. Recently, he negotiated a $46 million dollar IT transaction on behalf of a major insurance company.
•	Mr. Kaplan advises national research universities in connection with sponsored research, technology transfers, regulatory compliance, and related matters.
•	Mr. Kaplan has counseled multinational businesses and leading health care companies in matters related to IT acquisitions, privacy and security (under HIPAA, Gramm-Leach-Bliley and the EU Privacy Directive), e-commerce policies (including the use of electronic signatures and payment systems), and the development of Internet portals and electronic marketplaces.

Mr. Kaplan’s litigation and antitrust experience includes:

•	Grutter v. Bollinger and Gratz v. Bollinger (U.S. Supreme Court). Author of Brief of Carnegie Mellon University and 37 Fellow Private Colleges and Universities as Amicus Curiae In Support of Respondents (urging reaffirmation of standards set forth in Bakke v. California Board of Regents governing consideration of race in the selection of students for admission to colleges and universities).
•	United States v. Microsoft Corp. Representation of Novell, Inc. in challenging Revised Proposed Final Judgment proposed by Microsoft and the U.S. Department of Justice.
•	Representation of leading healthcare insurer in successful suit to enjoin false advertising and in its antitrust action arising in connection with the merger of hospitals.
•	In re: Ferrosilicon Antitrust Litigation (W.D. Pa.). Obtained defense verdict for a client in civil price-fixing case seeking treble damages in excess of $30 million, despite client’s guilty plea in predecessor criminal antitrust case.
•	Keystone-Conemaugh Joint Venture (Business Review). Advised joint venture participants on antitrust matters related to deregulation of electric utilities and obtained a favorable business review from the Department of Justice concerning electricity sales by the joint venture.
•	American Chemical Society (“ACS”) v. Dialog Information Services, Inc. (D.D.C.). Representation of ACS in this antitrust and licensing dispute concerning the Chemical Abstracts database.

Mr. Kaplan’s publications include:

•	Contributing Author, Proving Antitrust Damages: Legal and Economic Issues (American Bar Association 1996).
•	“The Emerging Law of Information Technology – Acquisition, Implementation, Dispute Resolution," Pennsylvania Bar Quarterly (April 4, 2000).
•	“Why Microsoft Is Willing to Stall,” The National Law Journal, “Podium” (September 2000).
•	Co-author with Leonard Bernstein, “Electronic Signatures in Global and National Commerce Act,” The National Law Journal (October 2000).
•	“Privacy, Property, Confusion, and Waste,” Consumer Financial Privacy (LRP Publications, January 18, 2001).
•	Co-author with Leonard Bernstein, “The Electronic Signatures Act,” Banking and Financial Services (ABA February 14, 2001).
•	“Privacy Compliance Symposium – State, National and International Requirements,” Pennsylvania Bar Quarterly (April 2001).

Mr. Kaplan is a member of the Pennsylvania, District of Columbia, California, and American Bar Associations. He lives in the Squirrel Hill area of Pittsburgh with his wife and two sons.