Heather Zachary is a partner in the firm’s Regulatory and Government Affairs Department, a member of the Cybersecurity and Privacy and Financial Institutions Practice Groups, and co-chair of the Big Data Practice. Her practice focuses on communications regulation, counseling and advocacy on privacy and data security, and civil litigation at the appellate and trial levels.
Ms. Zachary counsels and advocates for clients on a wide range of privacy, consumer protection, and data-security issues. She assists clients in drafting and implementing online and internal privacy policies; complying with federal, state, and international laws regulating privacy and data security; responding to data breaches; preventing and responding to deceptive and unfair trade practices under the FTC Act and state analogues; crafting comprehensive information-security programs and policies; and configuring transactions and new product offerings to avoid privacy and data-security pitfalls.
Ms. Zachary’s practice also includes regulatory advocacy, litigation, and counseling for a wide variety of communications clients. She represents wireline telecommunications providers, wireless carriers, broadcasters, video providers, industry trade associations, and information service providers in FCC proceedings (including merger proceedings) and in appellate litigation.
Ms. Zachary also represents clients in litigation concerning a broad range of legal issues. Her cases have involved such matters as copyright infringement, trade dress infringement, tortious destruction of property, agency, breach of contract, and energy law. Ms. Zachary has prepared briefs in the US Supreme Court, state supreme courts, several federal courts of appeals, and a number of district courts.
Ms. Zachary is a member of the District of Columbia Bar, Oregon State Bar, United States Supreme Court Bar, Federal Communications Bar Association and American Bar Association.
Ms. Zachary co-authored an article discussing the issues faced by communications providers after 9/11, including assistance with surveillance efforts, provision of customer records to law enforcement, export controls, critical infrastructure requirements, and review of transactions involving foreign investors. Navigating Communications Regulation in the Wake of 9/11, 57 Federal Communications Law Journal 351 (2005).
- Advised clients on the requisite privacy and security protections for financial data under the Gramm-Leach-Bliley Act; Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act; federal regulations issued by the FTC, SEC, and federal functional regulators; and analogous state laws and regulations.
- Played a key role in shaping the FCC’s comprehensive reform of universal service and intercarrier compensation, including by drafting single-party and joint industry comments in multiple rulemaking proceedings.
- Counseled clients on domestic and international privacy and security considerations when deploying new products and services.
- Assisted a communications provider with the development of a comprehensive manual addressing state and federal rules concerning cooperation with surveillance efforts and compliance with private subpoenas.
- Represented a communications provider in FCC rulemakings concerning net neutrality, the National Broadband Plan, and the reclassification of broadband as a Title II telecommunications service.
- Represented a national wireless carrier in the FCC’s “bill shock” proceeding concerning unexpected overages on consumers’ monthly voice, data, and messaging bills.
- JD, Yale Law School, 2001
- BA, University of Southern California, 1998
- District of Columbia
- United States Supreme Court.
CLERKSHIPS : The Hon. Susan Graber, US Court of Appeals for the Ninth Circuit.
Rate : $$$$