Eric C. Nemecek Esq.

ecn@fanlegal.com
Eric C. Nemecek Esq.
Biography

Mr. Nemecek has represented clients at all stages of criminal proceedings, including pretrial, trial and post-conviction litigation. He has handled an array of complex criminal matters in both state and federal courts throughout the United States. Many of these cases fall within the ambit of "cyber crimes," including violations of the Computer Fraud and Abuse Act as well as other computer and technology-based offenses.

Mr. Nemecek has authored pertinent administrative, trial, and appellate arguments warranted by criminal allegations lodged against our clients. He is a highly skilled researcher and has written legal briefs, memoranda and motions on various evidentiary and procedural trial issues. Furthermore, he has successfully litigated numerous appeals in both state and federal courts.

Mr. Nemecek is also involved in administrative and licensing hearings, including the representation of doctors, nurses, lawyers, teachers and other professionals before their respective disciplinary boards. These individuals often find themselves in jeopardy of being sanctioned or possibly losing their professional licenses--even in cases when there is no criminal conduct involved.

His professional career has also included involvement in local and national associations aimed at educating and improving the legal community as a whole. He is actively involved in the American Bar Association, servings as a co-chair of the Cybercrime Committee for the American Bar Association since 2011 and as a Delegate for the Young Lawyer's Division. Mr. Nemecek is the Past Chair / President of the Cleveland Metropolitan Bar Association's Criminal Division. These positions have given Mr. Nemecek a forum to speak and write on important topics affecting the legal profession.

Education
  • Cleveland-Marshall College of Law, Magna Cum Laude, 2007
  • Graduated Xavier College: B.A. English, 2005
Honors
  • Ohio Super Lawyers, Rising Star, 2017
  • Ohio Super Lawyers, Rising Star, 2016
  • Ohio Super Lawyers, Rising Star, 2015
  • Ohio Super Lawyers, Rising Star, 2013
  • Ohio Super Lawyers, Rising Star, 2012
  • Joel J. Finer Memorial Fund Award, 2007
  • Frank L. Bartak Memorial Fund Award, 2006
Professional Membership
  • American Bar Association, Member, 2008-Present
  • American Bar Association, Cyber-Crime Committee, Co-Chair, 2011 – Present
  • American Bar Association, Young Lawyers Division, Delegate, 2013
  • American Bar Association, Criminal Justice Section, Member, 2010-Present
  • American Bar Association, Appellate and Habeas Committee, 2009
  • American Bar Association, Continuing Legal Education Committee, 2009
  • Cuyahoga County Criminal Defense Lawyers Association, Member, 2008-Present
  • Cleveland-Marshall College of Law, Alumni Association, Life Member
  • Cleveland Metropolitan Bar Association, Member, 2008-Present
  • Cleveland Metropolitan Bar Association, Criminal Division, Vice President, 2013
  • Cleveland Metropolitan Bar Association, Criminal Law Division, Secretary, 2012
  • Ohio Association of Criminal Defense Lawyers, Member, 2008-Present
  • Ohio State Bar Association, Member, 2008-Present
  • St. Ignatius-Loyola High School Alumni Association, Member
Court Admissions
  • United States District Court, Southern District of Ohio
  • United States District Court, Northern District of Ohio
  • United States Court of Appeals, Fifth Circuit
  • Supreme Court of Ohio
  • All Ohio State Courts
Pro Hac Vice Admissions
  • Mercer County, West Virginia
  • Washington County, Pennsylvania
  • Allegheny County, Pennsylvania
  • Superior Court of Pennsylvania
  • Supreme Court of Pennsylvania
  • Osceola County, Florida
  • United States District Court, Western District of Louisiana
  • United States District Court, Western District of Pennsylvania
Publications

The State of Criminal Justice: Cybercrime in 2012, The American Bar Association, Criminal Justice Section, Ch. 7, 2013.

The State of Criminal Justice: Cybercrime in 2011, The American Bar Association, Criminal Justice Section, Ch. 7, 2012.

Criminal Defense 101: Tips and Considerations for Defending College Students Accused of Sexual Assault, The American Bar Association, Criminal Justice Newsletter, Vol. 21, No. 1, 2012.

Law Enforcement Investigations of Technology-Based Offenses: "There's an app for that," The American Bar Association, Criminal Justice Newsletter, Vol. 19, No. 3, 2011.

Law You Can Use: What You Should Know About Ohio's DNA Testing, August 2010.

An Introduction to Sexual Addiction and its Conveyance to Sentencing Courts, Ohio Association of Criminal Defense Lawyers: The Vindicator, November, 2009.

Fair Trial or Fast Trial, Cleveland Metropolitan Bar Journal, Vol. 1, No. 14, 2009.

Activities
  • Panelist, CYBER ATTACK: The Perfect Crime? A Lawyer's Guide to the World of Cybersecurity, ABA Criminal Justice Section, Washington, DC, February 2014
  • Panelist, A Comprehensive View of Where Cyber Crime is Heading in 2012, ABA Mid-Year Meeting, New Orleans, Louisiana, February 2012
  • Panelist, The Intimidated Witness: Ensuring that Witnesses Participate in the Criminal Justice System, ABA Annual Meeting, Chicago, Illinois, August 2012
  • Guest Speaker, Cleveland-Marshall College of Law; Computers & Law, November 2012
  • Ohio Carry Concealed Weapons Course, Legal Implications, Eastlake, Ohio, 2008-Present

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