Kids, Cookies and COPPA: Firms Pay a Price on Privacy

Orrick Cybersecurity & Data Privacy lawyers Emily Tabatabai and Tony Kim co-authored an article for Law360 on the latest in a string of cases concerning the Children's Online Privacy Protection Act (COPPA) that focus on the passive collection of children's information through tracking technologies.

Emily S. Tabatabai is a partner and founding member of the Cyber, Privacy & Data Innovation practice, which was named Privacy Practice Group of the Year by Law360 in 2016 and is nationally ranked by the Legal 500 USA for Cyber Law, Data Protection and Privacy. She has been recognized by the Legal500 for her "extraordinary depth of knowledge in student data privacy matters," and by Chambers-USA as "an invaluable resource to have when it comes to data privacy and security." 

Emily advises clients on an array of Internet commerce matters, including data privacy and data security compliance and procedure, data breach response, online and mobile privacy, student data and EdTech 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 a frequent speaker on data privacy matters, with a particular focus on student data privacy and EdTech. She was featured as an "Up and Coming" Privacy & Data Security attorney by Chambers-USA 2018 and was recently selected to serve on Law360's 2018 Privacy editorial advisory board.

  •  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.