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Harry Clark is Chair of Orrick’s International Trade & Compliance Group. He advises major companies and industry associations on a variety of international trade and investment rules.
Harry is experienced in areas such as CFIUS/Exon-Florio examinations of foreign investment, military and “dual use” export control regulations (ITAR/EAR), economic sanctions administered by the U.S. Treasury Department (OFAC), customs regulations, the Foreign Corrupt Practices Act, anti-money laundering rules, anti-boycott requirements and defense industrial security requirements. He executes internal corporate investigations regarding trade and investment rules and advises on such rules in the context of corporate transactions.
Additionally, Harry has extensive experience with government contracting matters. His government contracting work has included, for example, design and implementation of U.S. Defense Department renewable energy projects. He also represents broad industry coalitions on major trade litigations and international negotiations. His experience in these areas includes a leading role in what is often considered the largest-ever international trade dispute: the controversy regarding unfair softwood lumber imports from Canada. It has involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, WTO dispute proceedings, judicial proceedings and international settlement agreements.
Harry has represented a coalition of major U.S. oil companies in antidumping and countervailing duty litigation. As a related matter, he pursues policy issues with congressional and executive branch officials and advises on international trade rules (e.g., GATT, WTO agreements and NAFTA).
Chambers Global recognizes Harry as a leader in the field of international trade law and has recognized him with special distinctions regarding the Foreign Corrupt Practices Act and export controls. He is also recognized by Chambers USA in the CFIUS Experts category. Clients note that Harry provides "on-point and assertive responses" and is "constantly thinking in business terms."
Wendy is Orrick’s Chief Innovation Officer.
Named the "Most Innovative Lawyer of the Year" by Financial Times in 2018, Wendy is celebrated by clients for her “fresh thinking, legal nuance and practical understanding of the courts.” FT editors noted that “rarely have our panel of judges so quickly homed in on a top candidate for innovative individual.” As Orrick’s Chief Innovation Officer, Wendy leads Orrick’s efforts to operationalize innovation through novel products, streamlined processes, technology and client consulting on tailored solutions. These efforts have contributed to Orrick being named the Most Innovative Law Firm in North America by the Financial Times from 2016-2018 and runner-up in 2019. In 2018, The American Lawyer also honored Orrick with its first-ever Legal Services Innovation Award.
Wendy leads an innovation team of lawyers, technologists, developers, project managers and business professionals. FT notes that Wendy “understand[s] the diversity of roles that make a team great” and has “introduce[ed] many new technologies and delivery models that have transformed the way the firm operates and works with clients.” She is also recognized by Chambers as a leading individual, nationally, in the area of eDiscovery. Wendy is the chair of Orrick’s eDiscovery and Information Governance Group. She has been engaged by Fortune 100 companies and major financial institutions to create and deploy eDiscovery and records management programs. Wendy has substantial experience in pharmaceutical, product liability and class action litigation. Her litigation experience includes multiple trials, supervision of regional and local counsel, management of complex discovery and meet-and-confer negotiations.
Jon Direnfeld is a litigation partner in the Washington, D.C. office focused on defending tech and data-driven companies against enforcement actions involving critical online and offline sales & marketing activities.
Jon’s enforcement work informs his counseling practice, where he regularly helps clients navigate the patchwork of federal and state “consumer protection” rules and regulations, including statutes and regulations enforced by the Federal Trade Commission (FTC), Consumer Finance Protection Bureau (CFPB), U.S. Department of Justice (DOJ), state AGs, and local district attorneys.
Jon also has substantial expertise in other government enforcement matters, including defending global criminal cartel investigations and antitrust merger investigations. He has also developed an innovative approach to assisting clients maximize recoveries in affirmative price-fixing litigation.
Sulina Gabale is a Managing Associate and founding member of the Cyber, Privacy & Data Innovation practice, named Band 1 in U.S. Privacy & Data Security in 2019, Privacy Practice Group of the Year by Law360 in 2017 and is nationally ranked by The Legal 500 US for Cyber Law, Data Protection and Privacy.
As innovation pushes the limits of technology, those ideas challenge the boundaries of what is considered “personally identifiable information.” Sulina answers the question - how can we create tomorrow’s technology with yesterday’s privacy and consumer protection laws? Sulina works closely with innovators at all levels of a business – executives, engineers, marketing and product, HR and customer service teams – to gain a true understanding of their goals and the data they’re collecting, using and sharing. She places herself in her client’s shoes as well as in consumers’ mindset to devise creative privacy-by-design solutions, ensuring her client’s business and data innovation strategies withstand multi-national rules, government regulations, industry standards and consumer scrutiny.
With experience in both data privacy and consumer protection, Sulina utilizes a comprehensive approach to counsel clients on a myriad of issues affecting consumers and businesses.
Sulina’s practice is industry-agnostic. She has represented clients ranging from start-ups to Fortune 500s, non-profits, academic institutions and city governments across a range of industries from fashion and ecommerce, financial services, retail, food and beverage and technology services.
Prior to law school, Sulina worked in the highly interactive fields of journalism, entertainment and digital media. This well-rounded background helps her connect with clients on a personal level, and ensure her advice integrates legal solutions with business practicality.
Before joining Orrick, Sulina was a member of the Privacy & Data Security Group; Entertainment & Media Group; and IP, Information & Innovation Group at Reed Smith, LLP in New York and Washington, D.C.
Konstantin Kasyan is a special legal consultant qualified to practice law in both Russia and New York. Konstantin focuses on cross-border disputes and has expertise in handling litigation and arbitration involving parties from the United States, Europe, Russia/CIS and Asia.
Antony (Tony) Kim is a partner in Orrick's internationally recognized Cyber, Privacy & Data Innovation practice, which pursues "an aggressive yet practical approach" to data protection and innovation that "meets the needs of both in-house counsel and tech-savvy business clients."
When faced with a cyber crisis, companies call on Tony to help navigate critical legal, risk and reputational landmines. Tony has helped clients respond to hundreds of cyberattacks and data breaches. He has directed forensic investigations, cross-border notifications, and regulatory and private enforcement matters, in connection with incidents involving personal data of employees and customers, including PCI/payment card data, as well as proprietary data and corporate trade secrets, on behalf of private and public companies as well as governmental entities.
Tony has also defended over fifty clients in regulatory investigations and enforcement actions by the Federal Trade Commission (FTC) and State Attorneys General. These matters have involved (i) cyberattacks and data breach incidents, (ii) privacy implications of innovative data use-cases, and (iii) consumer protection issues relating to online and offline sales & marketing and advertising practices -- particularly in the retail e-commerce and fintech/consumer finance industries. Tony draws insights from his regulatory practice to inform his counseling work, where he regularly advises Legal, InfoSec/IT, Product/Marketing, and C-Suite/Board stakeholders on a host of governance, compliance, and risk mitigation strategies.
The National Law Journal named Tony to its 2014 list of D.C. Rising Stars, a 40-under-40 group of "game changing" private, government and public interest attorneys. Based on surveys of senior in-house counsel, Tony was awarded the Client Choice Award by the International Law Office (ILO)/Lexology in 2015, and was named an Acritas Star Lawyer in 2016 and 2017. He is recognized in multiple legal directories, including Chambers-U.S.A., The Legal 500-USA, Benchmark Litigation, Super Lawyers-D.C. Rising Stars, and The Cybersecurity Docket -- which has named Tony to its "Incident Response 30" list of the top IR professionals in the U.S. In 2016, Law360 named Orrick's Cyber, Privacy & Data Innovation practice "Practice Group of the Year" in the data privacy category. In 2019, Chambers USA ranked Orrick's practice in Band 1, and named Orrick the Privacy/Data Security Law Firm of the Year.
Tony serves on the firm's Executive Management Committee.
Seattle; Washington, D.C.
Seattle; Washington, D.C.
Robert M. McKenna, partner in Orrick's Seattle and Washington, D.C. offices, leads the state Attorney General team in the firm's Public Policy Group and is a member of the Cyber, Privacy & Data Innovation practice. A former Washington State Attorney General and President of the National Association of Attorneys General, Rob is accomplished in all areas of public policy, appellate law and investigations. He is a Chambers USA Band 1 Partner in Government Relations: State Attorneys General.
Rob represents a wide range of technology and other companies in matters involving cyber security, data privacy, litigation, appellate litigation, regulatory proceedings, state attorney general investigations and legislative issues. His experience, stature and expertise add essential capabilities for clients seeking coordinated policy advocacy, regulatory compliance and litigation strategies in state capitols across the country and in Washington, D.C., where he has testified before Congress and assisted clients who have been called to testify before Congressional committees. While at Orrick, Rob has represented clients in both state and federal court, typically in cases centered on constitutional questions.
Rob served two terms as Attorney General of Washington, from 2005 to 2013. He successfully argued three cases before the U.S. Supreme Court and helped negotiate three of the largest consumer protection settlements in national history, all involving mortgage lending and servicing. He is a recognized leader in the development of data protection and privacy regulation. Rob was the first state Attorney General to build a computer forensics lab to collect evidence of Internet fraud, and passed one of the nation's first anti-spyware laws.
Rob served as President of the National Association of Attorneys General (NAAG) from 2011-12 where he co-launched the NAAG Intellectual Property Task Force to advance the national fight against counterfeiting and piracy. While serving as NAAG President, he created and led a national initiative to combat human trafficking which continues to this day. The NAAG human trafficking summit he hosted in Seattle in 2012 led AGs to launch state-level initiatives around the country. His fellow attorneys general honored him in 2011 with the Kelley-Wyman Award for “Outstanding Attorney General” in America.
Parag is a member of the firm’s Cyber, Privacy & Data Innovation practice. As a financial services advisor, Parag’s practice focuses on payments, financial technology and banking issues.
He assists banks, non-bank lenders, payments and technology companies, and their vendors with regulatory, compliance, supervision, enforcement, anti-fraud and anti-money laundering, and transactional matters. Parag has significant experience advising clients on compliance with the banking and financial services regulations, including FCRA, GLBA, ECOA, EFTA, TILA, FDCPA, and Dodd-Frank.
Prior to joining Orrick, Parag was senior counsel at Capital One, where he served as the company-wide legal subject matter lead for payments. He also was associate counsel at Funding Circle, where he focused on legal issues related to peer-to-peer lending and financial technology.
Garret Rasmussen, a partner in the Washington, D.C., office, is a member of the Antitrust and Global Competition Group. He specializes in antitrust and consumer protection matters before the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice.
Garret's practice also includes counseling and litigation regarding mergers and acquisitions, joint ventures, product distribution and marketing, privacy, telemarketing and advertising issues.
Garret was featured in a front page story in The Legal Times, as well as the book The Jury by Stephen J. Adler. He has also been quoted numerous times in The Wall Street Journal and The New York Times, as well as other national publications.
Prior to joining Orrick, Garret was a partner for 22 years with Patton Boggs LLP in Washington, D.C. He was also a trial attorney with the FTC’s Bureau of Competition, and served as a Lt. J.A.G. in the U.S. Naval Reserve.
Washington, D.C.; Houston
Washington, D.C.; Houston
Emily S. Tabatabai is a partner and founding member of the Cyber, Privacy & Data Innovation practice, which was named Privacy/Data Security Law Firm of the Year by Chambers USA in 2019 and is nationally ranked by The Legal 500 US for Cyber Law, Data Protection and Privacy. She has been recognized by The Legal 500 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 privacy and data management matters, helping clients navigate the complex web of privacy laws, rules, regulations and best practices governing the collection, use, transfer and disclosure of data and personal information. Emily works closely with client business teams and in-house counsel to assess and manage privacy risks, design and deploy compliance programs and implement privacy-by-design approaches to address key compliance objectives while supporting each client’s data innovation strategies and the development and use of cutting-edge digital technologies. She frequently guides child- and student-directed service providers through the complexities of compliance with the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), California’s Student Online Personal Information Protection Act (SOPIPA) and similar state student privacy laws and advises companies across the industry spectrum as they work towards compliance with the California Consumer Privacy Act (CCPA). She also represents 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 (FTC Act), COPPA, the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), the U.S.-E.U. Privacy Shield Program, the California Online Privacy Protection Act (CalOPPA) and others.
To make the CCPA more accessible, Emily developed Orrick's CCPA Readiness Assessment Tool. The tool provides companies an opportunity to test their compliance with the CCPA and similar laws as a first step to constructing their strategic compliance roadmap.
Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on interest-based advertising, 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), the Restore Online Shoppers’ Confidence Act (ROSCA) and state and federal consumer protection statutes.
Emily is 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) Publications Advisory Board. She is a frequent speaker on data privacy matters, with a particular focus on children’s privacy (COPPA), student data privacy and EdTech. She was featured as an “Up and Coming” Privacy & Data Security attorney by Chambers USA 2018 and 2019. In 2016, Law360 named Orrick’s Cyber, Privacy & Data Innovation practice “Practice Group of the Year” in the data privacy category. In 2019, Chambers USA ranked Orrick’s practice in Band 1 and named Orrick the Privacy/Data Security Law Firm of the Year.
Barrie VanBrackle, a partner in Orrick’s Washington, D.C., office, is a member of the Cyber, Privacy & Data Innovation practice and co-leads Orrick's Fintech team.
An authority on payments and consumer financial services compliance, Barrie focuses on three areas at the cross-section of the fintech space: consumer-facing financial and banking, regulatory counseling and investigations, payment card industry, including brand operating rules and data security standards; money transmission; and prepaid card access on behalf of leading merchants, payment processors and industry vendors. Barrie advises on transactions involving the payment systems participants, including large merchants and financial technology companies, with respect to payment acceptance, payment issuance, co-brand agreements, payment card industry data security issues, and payment regulatory matters. In addition, Barrie has deep experience advising corporate and private equity clients in M&A contexts and other investments in fintech. Barrie represents payment card issuing and merchant acquiring banks (including acquiring a card program for one of the Top 5 largest financial institutions, negotiating cobrand agreements for a large issuing bank and a sports franchise, and negotiating novel payment acceptance methods for more traditional merchants). She helps fintechs navigate the banking and money transmission rules, including representing new market entrants into the US.
Barrie is a sought after speaker on the evolving regulatory and compliance issues surrounding payments and related e-commerce matters. Prior to joining Orrick, Barrie was a partner at Manatt, Phelps & Phillips LLP.
William Wilson practices in our Cyber, Privacy & Data Innovation practice, where he focuses on data privacy and technology transactions. William is certified as an Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals.
William’s experience includes counseling clients on data privacy and security issues, including privacy issues in M&A and technology transactions and compliance with privacy laws, regulations, and industry standards. William also drafts and negotiates complex technology and intellectual property agreements, such as bank technology outsourcing, payment systems, supply and distribution, development and integration, software as a service, and other internet- and technology-related agreements.
Before working at Orrick, William was an associate at another West Coast-based law firm where he completed a secondment with a large technology provider, overseeing a broad range of technology and intellectual property transactions. Prior to law school, William worked at Creative Artists Agency (CAA).