Picture of Jessica C. Engler CIPP/US, CIPM

Jessica C. Engler, CIPP/US, CIPM

Partner

Jessica Engler, CIPP/US, CIPM, is a partner in the New Orleans office of Kean Miller. She joined the firm in 2013 and practices in the data security, intellectual property, and commercial litigation groups.

Jessica’s practice is diverse and dynamic. Jessica’s clients rely on her to provide business-oriented perspectives and practical, real-world advice to their legal needs. She regularly advises clients in all aspects of data privacy and protection, including prevention efforts, breach response, litigation, compliance, and third-party risk management. Jessica regularly helps inventors and brand owners maintain and protect their exclusive rights to their innovations and safeguard their valuable IP portfolios. When disputes arise, clients turn to Jessica to efficiently and effectively enforce their rights and support their defenses in both litigation and arbitration.

Jessica has been awarded the ANSI-accredited Certified Information Privacy Professional for the U.S. Private Sector (CIPP/US) (2018) and Certified Information Privacy Manager (2023) designation by the International Association of Privacy Professionals (IAPP). In the legal community, Jessica currently serves as the Young Lawyer Liaison Chair to the DRI Cybersecurity and Data Privacy Committee.

Jessica is listed in The Best Lawyers in America as a One to Watch from 2021-2024. In 2021, Jessica was awarded the Frank L. Maraist Award by the Louisiana Association of Defense Counsel. Jessica was also recognized as a member of the New Orleans CityBusiness Leadership in Law class for 2021.

Representative Experience 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.

Intellectual Property
  • 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.

Commercial Litigation
  • 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.
Education

Jessica earned her B.S. in Electrical Engineering from Louisiana State University in 2010. She earned her J.D./D.C.L. 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; New York, 2022; 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
  • New Orleans, Louisiana State, Federal and American Bar Associations; Louisiana Association of Defense Counsel (LADC); International Association of Privacy Professionals (IAPP); InfraGard
Articles, Publications and Presentations
Community Service
  • Faculty Member, LSU Law Apprenticeship Week, 2023
  • 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)