Jessica C. Engler, CIPP/US

Data Security & Privacy

• Management of numerous companies’ data breach responses, including developing strategies to understand what happened, contain the incident, address compliance requirements, and minimize further damages and litigation. Companies that have used Jessica’s data breach management services include accounting firms, direct-to-consumer products, energy and utility companies, staffing agencies, and surveying services.
• Representation of numerous clients in evaluating vendor management and evaluating data privacy risks through targeted software license and data processing addendum negotiations.
• Regularly advising clients on countless data security and privacy issues and regulatory schemes, 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 assorted state regulations.
• Preparation of privacy policies and internal privacy management schemes for companies of all sizes in various industries. Clients include Fortune 500 companies, smartphone app developers, social media companies, cultural and hospitality enterprises, and tech startups.

• 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.
• 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 applications in appeals of examiner rejections before the patent Trial and Appeal Board.
• Preparation of patent opinions of non-infringement and design-arounds.
• Counseling clients on the Digital Millennium Copyright Act (DMCA) issues including steps to be taken to be compliant with the DMCA Safe Harbor provisions.
• Drafting and negotiating software as a service agreements, software license agreements, nondisclosure agreements, patent licenses and assignments, copyright assignments, trademark co-existence agreements, and other intellectual property contracts.

• Representation of Enterprise Resource Planning (ERP) software vendor in breach of software license dispute.
• Representation of an ERP software licensee in a software implementation dispute.
• 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 federal government contractor in international arbitration concerning payment dispute related to construction of a United States embassy.