People

Sulina Gabale Partner

Washington, D.C.

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. She routinely guides companies of all sizes through the existing patchwork of laws, self-regulatory standards and industry practice impacting data privacy and security. She advises clients subject to regulatory investigations and litigation involving a spectrum of federal and state laws, including:

• California Online Privacy Protection Act (CalOPPA)
• Children’s Online Privacy Protection Act (COPPA)
• Family Educational Rights and Privacy Act (FERPA) and related state student data privacy laws
• Fair Credit Reporting Act (FCRA)
• Gramm-Leach-Bliley Act (GLBA)
• Illinois’ Biometric Information Privacy Act (BIPA) and other biometric privacy laws
• Section 5 of the Federal Trade Commission Act (FTC Act)
• U.S. state privacy laws in California, Colorado, Connecticut, Utah, Virginia and other states

Sulina advises companies of all sizes on the development and deployment of cutting-edge technologies and services, including ad-tech, AI and machine learning, biometric tools, social media, robotics and IoT devices, marketing and promotions and more. Sulina began her legal career focusing on consumer protection. She continues to counsel clients on marketing and promotional issues, including interest-based ads; sweepstakes and promotions; automatic renewal and subscriptions; advertising substantiation; influencer programs and social media; SMS text messaging and telemarketing (including matters involving the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA)); and other state and federal consumer protection laws.

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.

Richard F. Martinelli Partner

New York

He has litigated patents at trial, before the ITC, and on appeal to the U.S. Court of Appeals for the Federal Circuit. Rich has counseled clients and rendered opinions on patent validity, infringement and freedom to use. He is a registered patent attorney with experience drafting patents and practicing before the U.S. Patent and Trademark Office.

Rich’s patent work has involved a wide range of technologies including image processing, 3d graphics, audio / video compression, computer hardware and software, e-commerce, network technologies, digital rights management and encryption.

Rich also helps companies address the novel litigation and transactional IP issues that arise when developing and working with AI and is a frequent lecturer on these topics.

Dr. Christian Schröder Partner

Düsseldorf

Christian helps clients consider the privacy and artificial intelligence implications of new technology, supports their compliance programs, and helps them stay ahead of enforcement trends. One particular focus of his work deals with internal data transfer agreements, external data transfers with external providers, and product launches that comply with international data protection standards, as well as privacy requirements for connected cars. Furthermore, Christian provides guidance on privacy and data protection considerations for developing, acquiring, using, licensing and selling technology, data and intellectual property, including M&A transactions and IP focused joint ventures. He supports companies on the set-up of webshops, outsourcings, license agreements, in cases of trademark or unfair and deceptive trade practice issues, as well as on hard and software license and information technology (IT) project agreements.

 

Christian maintains strong working relationships with German data protection authorities and EU regulatory authorities with jurisdiction over privacy and data security matters. He effectively defends companies in cybersecurity and privacy-related investigations initiated by EU regulatory authorities. He also engages with authorities on behalf of clients and helps clients avoid proceedings and possible litigation. When litigation can't be avoided, Christian vigorously defends his clients.

 

For companies facing global cybersecurity incidents, Christian helps with crisis mitigation, including counseling on notification requirements, coordinating media strategies, and representing clients before data protection authorities in related regulatory investigations.

 

Christian regularly contributes practical thought leadership to global privacy industry publications and German privacy books and journals. Christian authors the Chapter V (international data transfers) of Germany’s leading GDPR commentary Kühling/Buchner (4th ed.) and is co-author to the Corporate Privacy Handbook (Betrieblicher Datenschutz). As an active member of the Sedona Conference, Christian drives the development and understanding of cross border privacy. He also participates in, hosts and moderates speaking programs with fellow private practitioners, EU data protection authorities, and academics focused on privacy and data security. Legal 500 Germany named Christian one of the top 15 practitioners in 2023 and noted that he is "a pioneer in the legal field, a data protection guru." They also recognized Christian and Orrick as "truly global" and how that it is "vital as they require the various leaders of each region to participate and bring issues to the table as a forum".

 

Prior to working in private practice, Christian interned with the German Federal Data Protection Commissioner and www.epic.org.

Aravind Swaminathan Partner

Seattle; Boston

A leading cybersecurity and online safety authority, Aravind is recognized by Chambers USA in Privacy and Data Security in both Litigation and Incident Response. Clients describe him as “a very talented lawyer experienced with incident responses” and “incredibly responsive and technically savvy.”

Aravind’s deep knowledge of his clients’ business objectives and technological capabilities distinguishes him as a strategic advisor and frontline crisis responder. He advises some of the world’s leading online platforms, public and private financial institutions, tech companies, higher education institutions, and critical infrastructure providers on cybersecurity, and their obligations to monitor and remove harmful or illegal content online and root out instances of child exploitation.

He is adept at guiding companies through cybersecurity incidents, having directed more than 500 data breach investigations, including enterprise-wide network intrusions to cyberattacks with national security implications. Aravind defends clients in an array of cybersecurity and privacy class actions and regulatory enforcement actions brought by the SEC, FTC, NY DFS and State AGs, and also represents individual C-level executives in criminal and civil regulatory enforcement matters.

As a former assistant United States attorney, he investigated and prosecuted a broad array of cybercrime, child exploitation cases, digital crimes, and white-collar crime cases. This first-hand knowledge of federal agencies allows him to navigate the system, partner with investigators and find creative solutions for clients.

Aravind is a member of Orrick’s Board of Directors, and he devotes much of his free time to advising independent schools on AI, online safety, and cybersecurity, and teaching and coaching.

Emily S. Tabatabai Partner

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 privacy laws in California, Colorado, Connecticut, Utah, Virginia and other states
• Children’s Online Privacy Protection Act (COPPA)
• Online safety laws for kids and teens, including California Age-Appropriate Design Code Act (AADC), Utah Social Media Regulation 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 Education 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
• 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 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.