Washington, D.C.; Houston
Emily provides strategic counseling and advice on privacy, consumer protection and online safety matters to clients across industries, including retail, ecommerce, mobile apps, gaming, social media, advertising technology (adtech), financial services, education, business services and technology. She also represents clients subject to regulatory investigations, including before the FTC and States Attorneys General, Congressional committees and other regulatory agencies and groups.
Emily provides proactive compliance guidance, and regulatory investigation defense, on a variety of privacy and consumer protection laws, including:
- U.S. state comprehensive privacy laws in California, Colorado, Connecticut, Utah, Virginia and others
- Children’s Online Privacy Protection Act (COPPA)
- Online safety laws for kids and teens, including California Age-Appropriate Design Code Act (AADC), Texas SCOPE Act, Maryland Kids Code, New York Child Data Protection Act and others
- Section 5 of the Federal Trade Commission Act (FTC Act) and state unfair and deceptive acts and practices (UDAP) laws
- Family Educational Rights and Privacy Act (FERPA)
- California’s Student Online Personal Information Protection Act (SOPIPA), New York’s Ed. Law 2-d and other state student data privacy laws
- Illinois’ Biometric Information Privacy Act (BIPA) and other biometric privacy laws
- Washington My Health My Data Act and other state health privacy laws
- U.S. artificial intelligence laws including chatbots
- Fair Credit Reporting Act (FCRA)
- Gramm-Leach-Bliley Act (GLBA)
- Telephone Consumer Protection Act (TCPA)
- Telemarketing Sales Rule (TSR)
- Restore Online Shoppers’ Confidence Act (ROSCA)
Emily led the development of Orrick's Online Safety Law Center & U.S. Law Tracker and closely monitors State AG enforcement activities and civil litigation in this space to help clients anticipate and mitigate emerging risks.
Emily is a frequent speaker on data privacy matters, with a particular focus on children’s privacy (COPPA), student data privacy and EdTech and online safety laws for kids and teens. She has been featured as an “Up and Coming” Privacy & Data Security attorney by Chambers USA and Chambers Global. Clients tell Chambers, “She’s been an excellent partner. She has a very good understanding of the practical realities of implementing privacy policies for large companies.” Citing her expertise in the field of educational privacy, student data and EdTech matters, Chambers reports that clients regard her as “very knowledgeable and truly an expert in this space,” with some saying, “On the student data side, she is unmatched,” and The Legal 500 notes that Emily “is the first port of call for child- and student-directed service providers for compliance advice with COPPA, SOPIPA and CalOPPA regulations.”
Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on advertisements and endorsements, retail sales and e-commerce, advertising substantiation, SMS and telemarketing, social media and online advertising.
