Frequently Asked Questions

Contacts

Heather Egan Sussman

Practice:

  • Technology Sector
  • Finance Sector
  • Energy & Infrastructure Sector
  • Cyber, Privacy & Data Innovation
  • Global Compliance & Regulatory
  • Government Investigations and Enforcement Actions
  • Technology & Innovation
  • Fintech
  • CCPA and California Privacy Law
  • Privacy in a Box
  • Environmental, Social & Corporate Governance (ESG)

Heather Sussman Partner Cyber, Privacy & Data Innovation, Global Compliance & Regulatory

Boston

Heather Egan Sussman is head of Orrick's global Cyber, Privacy & Data Innovation Group. She focuses on privacy, cybersecurity and information management, and is ranked by Chambers USA, Chambers Global and The Legal 500 United States as a leader in her field. Chambers explains companies turn to Heather because she “understands all the business issues and the dynamics of how to implement privacy programs [and is] extraordinarily thoughtful, very pragmatic and responsive.”

Heather routinely guides clients through the existing patchwork of laws impacting privacy and cybersecurity around the globe. In the U.S. this includes advising on federal and state laws that include:

  • California Consumer Privacy Act (CCPA)
  • Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM)
  • Electronic Communications Privacy Act (ECPA)
  • Fair Credit Reporting Act (FCRA)
  • Gramm–Leach–Bliley Act (GLBA)
  • Telephone Consumer Protection Act (TCPA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • State breach notification laws
  • State data security laws
  • Self-regulatory frameworks (advertising and payment card processing)

Outside of the U.S., she manages teams of talented counsel around the world to deliver seamless advice for clients that operate across many jurisdictional lines, developing comprehensive privacy and cybersecurity programs that address competing regulatory regimes. She drafts online privacy notices for global rollout and implements data transfer mechanisms for the free flow of data worldwide.

Heather also helps clients develop and achieve their data innovation strategies, so they can leverage the incredible value of data and digital technologies in ways that not only meet compliance obligations, but also support innovation, deliver value to the business, meet security needs and solidify brand and consumer trust.

Heather devotes a significant part of her practice to helping clients reduce the risk of privacy and security incidents, and she offers a comprehensive menu of services designed to do just this. In the event of a privacy or security breach, she helps companies respond, successfully guiding them through investigation, remediation, notification and any ensuing government inquiries. Companies routinely rely on her to manage their response to catastrophes, investigations and government probes involving conduct by employees, contractors and third parties. 

Heather guides clients through comprehensive privacy and cybersecurity assessments worldwide, vets privacy and security risks in corporate transactions, conducts internal investigations stemming from data incidents, and she drafts and negotiates contracts concerning data-related vendors and arrangements. She regularly counsels businesses on how to mitigate risks associated with the collection, use, retention, disclosure, transfer and disposal of personal data.

Her clients come from diverse business sectors, including technology, financial services, retail, consumer products, energy and infrastructure, healthcare and life sciences, manufacturing, food and beverage, media, academic institutions, service industries.

Heather frequently writes on current privacy and information security issues before trade and legal organizations and has been quoted in hundreds of major news outlets, including MSNBC.com, ABCNews.com, The New York Times, The Los Angeles Times, Bloomberg BusinessWeek, The San Francisco Chronicle, Washington Times, Houston Chronicle.

8590_740x360

Practice:

  • Technology Sector
  • Cyber, Privacy & Data Innovation
  • Technology Companies Group
  • Internet of Things
  • CCPA and California Privacy Law

Emily S. Tabatabai Partner Cyber, Privacy & Data Innovation, Technology Companies Group

华盛顿; 休斯敦

Emily S. Tabatabai is a partner and founding member of Orrick’s global Cyber, Privacy & Data Innovation Group, which was named Privacy/Data Security Law Firm of the Year by Chambers USA in 2019. 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 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, 2019, and 2020 and Chambers Global – USA 2020. 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 ed-tech matters, Chambers reports that clients regard her as “very knowledgeable and truly and expert in this space,” with some saying, “On the student data side, she is unmatched.”

396781

Practice:

  • Technology Sector
  • Cyber, Privacy & Data Innovation
  • IP Licensing and Technology Transactions
  • Global Compliance & Regulatory
  • Government Investigations and Enforcement Actions
  • Environmental, Social & Corporate Governance (ESG)

Shannon Yavorsky Partner Cyber, Privacy & Data Innovation, IP Licensing and Technology Transactions

旧金山

Shannon K. Yavorsky is a leading authority on United States (U.S.) and European data privacy and security issues. She is uniquely qualified in California, England and Wales and Ireland, bringing a deep understanding of the increasingly complex global privacy and data security regulatory landscape.

Shannon advises clients on a broad range of U.S. and European data privacy and cybersecurity issues, including emerging issues surrounding the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) and the e-Privacy Directive. Shannon helps clients undertake comprehensive privacy and cybersecurity assessments worldwide, evaluates privacy and security risks in corporate transactions and drafts and negotiate data-related vendor and arrangement contracts. She also counsels clients on cross-border data transfers, data breaches and developing global privacy compliance programs. She has significant experience with model contract clauses, privacy policies, website terms and conditions, data processing agreements and privacy and security issues in corporate transactions.

In addition to the GDPR and CCPA, Shannon advises on an array of privacy and security laws and regulations, including the California Privacy Rights Act (CPRA), the Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM), the Electronic Communications Privacy Act (ECPA), the Fair Credit Reporting Act (FCRA), the Gramm–Leach–Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), the Telephone Consumer Protection Act (TCPA), state breach notification laws and advertising and payment card processing self-regulatory frameworks. Shannon also has an active general consumer protection practice and counsels clients on interest-based advertising, sweepstakes and marketing promotions, retail sales and e-commerce platforms.

Shannon’s clients are multinational clients across diverse industry sectors, with an emphasis on technology, financial services, retail, staffing, advertising, healthcare, and automotive.