Emily S. Tabatabai

Of Counsel
Antitrust & Competition

Emily S. Tabatabai is a member of the Cybersecurity & Data Privacy team, which is nationally ranked by the Legal 500 USA. She regularly advises clients on an array of Internet commerce matters, including data privacy and data security compliance and procedure, data breach response, online privacy, mobile privacy, behavioral advertising, sales and marketing, advertising and promotions, and social media.  She has represented clients from start-ups to Fortune 500 companies in investigations before the Federal Trade Commission and State Attorneys’ General, as well as in private litigation.

As a Certified Information Privacy Professional in both U.S. and European privacy law (CIPP/US and CIPP/E) and member of the International Association of Privacy Professionals (IAPP), Emily works with clients on compliance programs addressing multi-national rules, regulations and best practices governing the collection, use, transfer and disclosure of personal information. She has also advised clients subject to regulatory investigations and litigation involving a spectrum of federal and state laws, including under Section 5 of the Federal Trade Commission Act, the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Family Educational Rights and Privacy Act (FERPA), Gramm-Leach-Bliley Act (GLBA), state data breach notification laws, California Online Privacy Protection Act (CalOPPA) and others.

Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on sweepstakes and marketing promotions, retail sales and e-commerce platforms, advertising substantiation, new media and social media integration, and SMS text messaging and telemarketing, including matters involving the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), and state and federal consumer protection statutes.

Emily is an active member of the IAPP and the American Bar Association’s Consumer Protection Committee and the Privacy and Information Security Committee and is a contributing writer to the Committee’s blog, The Secure Times.

Recent Cybersecurity & Privacy matters:

  • Representing a major global fashion retailer in an enforcement action by the U.S. Federal Trade Commission’s Bureau of Consumer Protection 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.
  • Advising EdTech providers on compliance with FERPA and state student data privacy law obligations.
  • Advising a consumer electronics company in designing and implementing global Web site privacy policies governing the collection, use and disclosure of consumer information.
  • Representing a national mortgage provider in a two-year investigation before the U.S. Federal Trade Commission, based on alleged breaches of consumer data in violation of the safeguarding provisions of the Gramm Leach Bliley Act (GLBA) and Fair Credit Reporting Act (FCRA).
  • Representing a software developer in non-investigative discussions with the FTC regarding the developer’s behaviorally targeted marketing program for bank transactions.
  • Counseling hundreds of companies on proactive and reactive security breach incident protocols, including compliance with U.S. state and international data breach notification rules.
  • Advising hundreds of start-ups and mature company clients across the business spectrum on design of online privacy policies, mobile privacy policies and data collection practices and procedures in accordance with FTC guidance, industry best practices and global data privacy regulations.
  • Advising consumer-facing retailers and service providers on a range of consumer protection issues, including advertising substantiation, sweepstakes and contest design and regulation, social media marketing, mobile marketing, celebrity endorsement agreements, and sales and advertising issues.
Emily Tabatabai
  • Panelist, Future of Privacy Forum: Student Privacy Boot Camp for Ed Tech Vendors, March 3, 2016
  • Panelist, Back to School in the Digital Age: How Educators and Entrepreneurs Use and Protect Student Data Under Fast Changing Student Privacy Laws, October 7, 2015
  • Speaker, COPPA, FERPA and State Laws: Compliance for Companies in the EdTech Industry, ImagineK12, October 6, 2015
  • Panelist, FTC Calling? How to Navigate an FTC Security Investigation Before, During and After, IAPP P.S.R. September 30, 2015
  • Panelist, Cybersecurity Updates, National Association of Women Lawyers (NAWL), March 17, 2015.
  • Panelist, Big Risks with Big Data, Orrick In-House Academy San Francisco, January 29, 2015.
  • Panelist, Big Risks with Big Data, Orrick In-House Academy New York, January 15, 2015.
  • Speaker, COPPA and FERPA: A Guide for EdTech Providers, ImagineK-12, November 19, 2014.
  • Panelist, Big Data and Wrongful Collection, NetDiligence CyberSecurity Conference, October 9, 2014.
  • Panelist, Troubleshooting Regulatory and Advertising Issues, Orrick and CircleUp for Start-Ups, October 7, 2014.
  • Panelist, Privacy Law: Compliance and Best Practices, BridgePoint Education Webinar, July 30, 2014.
Select Publications
Admitted In
  • Maryland
  • District of Columbia
  • Texas

  • J.D., University of Virginia School of Law, 2006
  • B.B.A., Emory University, Goizueta Business School, 2001

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