Emily S. Tabatabai

Emily S. Tabatabai is a partner and founding member of Orrick’s global Cyber, Privacy & Data Innovation Group. She has been recognized by Chambers USA as “an invaluable resource to have when it comes to data privacy and security,” particularly in matters involving state privacy laws, education technology (EdTech) and children’s privacy.

• Engagements

  
  Regulatory Investigations:

  • Representing global gaming platform provider in FTC investigation and enforcement action involving COPPA and Section 5 of the FTC Act.
  • Representing EdTech platform provider in FTC investigation and enforcement action involving COPPA compliance.
  • Representing global IoT device maker in investigations by FTC and multiple State Attorneys General involving alleged unfair and deceptive acts and practices related to marketing and data security
  • Representing a mobile adtech company in non-public investigations by FTC and State Attorney General involving online advertising disclosures and opt-outs and alleged unfair and deceptive acts and practices.
  • Representing a mobile app provider in investigations by the FTC and California Attorney General, both of which were closed with no further action.
  • Representing multiple clients responding to California Attorney General inquiries related to CCPA compliance.
  • Representing multiple clients subject to investigation by State Attorneys General involving recurring payments, advertising substantiation, online and mobile advertising and deceptive acts and practices.
  • Successfully resolving a non-public FTC inquiry of a global EdTech provider involving alleged COPPA violations in connection with student-directed services and adtech.
  • Representing a major global fashion retailer in an investigation by the FTC involving the client’s online privacy policies and behaviorally targeted advertising practices.
  • Representing a social application developer in a confidential investigation by the FTC involving alleged breach of data protected by COPPA.
  • Representing a software developer in non-investigative discussions with the FTC regarding the developer’s behaviorally targeted marketing program for bank transactions.

  Privacy, Online Safety, Compliance and Advisory Matters:

  • Counseling online services and social media platforms on compliance with online safety obligations, best practices, and emerging laws in relation to teen and child users, age verification, parental consent and rights and age-appropriate design.
  • Advising clients on website design and deployment of adtech and other third-party technologies to comply with laws and platform policies and mitigate litigation risk.
  • Advising a global hospitality company on the deployment of smart technologies, including facial recognition and location tracking tools, in compliance with jurisdictional privacy laws.
  • Counseling global SaaS provider on development and deployment of big data analytics service offerings utilizing artificial intelligence (AI) and machine learning technologies.
  • Advising a major municipality on smart cities initiative and development of comprehensive privacy compliance program.
  • Advising numerous companies on the development of proactive compliance with emerging U.S. state comprehensive privacy laws, including the CCPA, VCDPA, CTDPA, CPA, as well as topical state privacy laws relating to health and biometric data.
  • Advising dozens of EdTech providers on compliance with FERPA and state student data privacy laws (e.g., SOPIPA, NY 2d, SOPPA, etc.), contracting and cybersecurity matters.
  • Advising hundreds of start-ups and mature company clients across the business spectrum navigate the rapidly- evolving legal landscape of state, federal and global data protection laws and regulations by providing strategic, practical advice on compliance, best practices and emerging trends, risks and threats.