Picture of Jessica C. Engler CIPP/US

Jessica C. Engler, CIPP/US

Partner

Jessica Engler, CIPP/US, is a partner in the New Orleans office of Kean Miller. She joined the firm in 2013 and practices in the intellectual property, construction, and data security groups. Jessica has experience in the many aspects of intellectual property including patents, trademarks, trade secrets, trade dress, and copyrights.

Jessica’s experience in intellectual property matters spans a wide range of technologies including electronic devices, medical devices, electric power protection, and construction materials. As a registered patent attorney, Jessica drafts, files, and prosecutes patents before the United States Patent and Trademark Office in various technologies and industries including electronics and circuit design, power systems designs, medical devices, manufacturing, and consumer and industrial products. In addition to the experience in filing and prosecuting applications to obtain intellectual property rights, she has experience in drafting assignment and licensing agreements concerning the various intellectual property rights.

Jessica’s technical background is also utilized in her data security practice, where she advises clients on data breaches and privacy-related legal challenges. She assists clients in responding to breaches, evaluating corporate compliance, assessing prevention strategies, performing third party vendor risk assessments, and creating incident management plans. Jessica also defends clients that are threatened with litigation after a breach.

As a practitioner in the firm’s construction group, Jessica has also assisted with the litigation of building defect claims and payment disputes, defense of professionals before LAPELS, public bid protests, and evaluation of construction contracts. Jessica is experienced in mediation and arbitration, including international arbitration.

Jessica has been awarded the ANSI-accredited Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US) designation by the International Association of Privacy Professionals (IAPP) in January 2018. 

Jessica is recognized as a Rising Star by Louisiana Super Lawyers, 2020-2021 and is listed in The Best Lawyers in America as a One to Watch for 2021.

Jessica currently serves as the Young Lawyer Liaison Chair to the DRI Cybersecurity and Data Privacy Committee and Chair of the IAPP KnowledgeNet New Orleans Chapter.

Representative Experience

Data Security & Privacy

  • Management of numerous companies’ data breach responses, including developing strategies to understand what happened, contain the incident, address regulatory requirements, and minimize the likelihood of regulatory investigations and litigation. Companies that have used Jessica’s data breach management services include accounting firms, direct-to-consumer products, energy and utility companies, and surveying services.
  • Representation of numerous clients in evaluating vendor management and evaluating data privacy risks
  • Provided advice and assistance to clients on a number of data security and compliance issues, including the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Children’s Online Privacy Protection Act (COPPA), Gramm-Leach Bliley Act (GLBA), the Federal Trade Commission (FTC) Act, and various state regulations
  • Preparation of privacy policies and terms of use for companies of all sizes in various industries. Clients have included Fortune 500 companies numerous smartphone applications, a social media application, an art museum, restaurants and several other businesses.
  • Drafting and negotiating complex vendor contracts, including provisions that address data collection, use, ownership, sharing, protection and destruction, incident response expectations, cybersecurity training and cyber insurance
  • Assisting in the drafting of employee policies related to cybersecurity, including Bring Your Own Device (BYOD) policies and Remote Work Policies. 


Intellectual Property

  • Prosecution for clients in numerous industries including software applications, electrical devices and electronics, household and consumer grade appliances, medical devices, oil field and natural gas field solutions, satellite communication mechanisms, food service, and other industries
  • Prosecution of trademark applications before the United States Patent and Trademark Office
  • Prosecution of copyright applications before the United States Copyright Office
  • Representation of patent application in appeals of examiner rejections before the patent Trial and Appeal Board
  • Representation of Enterprise Resource Planning software provide in breach of software license dispute 
  • Defense of an independent clothing merchant against claims of trademark infringement, copyright infringement, and trademark dilution
  • Defense of clients in responding to cease and desist letters and litigation from both practicing and non-practicing entities (“patent trolls”)
  • Representation of clients in unfair trade practice and trade secret misappropriation disputes
  • Counseling clients on the Digital Millennium Copyright Act (DMCA) issues including steps to be taken to be compliance with the DMCA Safe Harbor provisions
  • Drafting and negotiating software as a service agreements, software license agreements, nondisclosure agreements, patent licenses and assignments, copyright work for hire agreements, and other intellectual property agreements


Construction Litigation

  • Defense of contractors, subcontractors, architects, and other professionals and negotiated resolutions in payment and construction disputes
  • Defending awards of state government contracts in public bid disputes and protests
  • Representation of engineers before the LAPELS Board in licensure issues and proceedings
  • Representation of federal government contractor in international arbitration concerning payment dispute related to construction of a United States embassy
Education

Jessica earned her B.S. in Electrical Engineering from Louisiana State University in 2010. She earned her J.D. from the LSU Law Center in 2013, where she was managing editor and a founding member of the LSU Journal of Energy Law and Resources and Moot Court board member. Jessica was named to the Chancellor's List and received the CALI award in Federal Complex Litigation, Patent Law and Legal Research and Writing. She was also a finalist in the Tullis Moot Court competition and awarded best brief.

Admissions
  • Admitted, Louisiana, 2013; Texas, 2019; United States District Courts for the Middle, Eastern and Western Districts of Louisiana; Fifth Circuit Court of Appeals; United States Patent and Trademark Office
Memberships
  • Baton Rouge, Louisiana State, Federal and American Bar Associations; Institute of Electrical and Electronics Engineers (IEEE); Louisiana Association of Defense Counsel (LADC)
Articles, Publications and Presentations 
Community Service
  • Chair, IAPP KnowledgeNet New Orleans Chapter
  • Member, Junior League of New Orleans
  • Young Lawyer Liaison Chair, DRI Cybersecurity and Data Privacy Committee
  • Board of Directors and President of the New Orleans Regional Council, Sexual Trauma Awareness & Response (STAR)
Super Lawyers
Jessica C. Engler - Super Lawyers Badge