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Heidi
C.
Salow
Of Counsel
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Heidi Salow has been handling cutting-edge issues involving privacy and data security, intellectual property and e-commerce for much of her 14+-year career. In addition to her experience in helping companies achieve compliance with a host of complex privacy, data security, intellectual property and e-commerce laws, she has extensive experience in legislative advocacy, commercial transactions and litigation.
Prior to joining DLA Piper, Ms. Salow was senior counsel and director for Sprint Nextel Corporation, where she handled a wide range of privacy, data security, mobile content and e-commerce matters. She represented the corporation before federal and state governmental agencies, including the Federal Communications Commission (FCC) and Federal Trade Commission (FTC), on matters involving privacy, e-commerce and wireless and Internet content. Ms. Salow has testified before state public utilities commissions, worked closely with state Attorneys General, drafted and negotiated state and federal privacy and e-commerce legislation, and participated in numerous FCC and FTC rulemaking proceedings.
An experienced negotiator, Ms. Salow has also handled numerous complex commercial transactions. In addition, Ms. Salow's regulatory compliance experience includes working closely with marketing and sales teams to structure consumer marketing campaigns in a manner that is business-friendly yet compliant with all applicable laws.
In addition to her privacy and e-commerce experience, Ms. Salow has a great deal of experience in trademark law, copyright law and litigation. Earlier in her career, she managed large-scale corporate piracy and anti-cybersquatting programs, litigated domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), prosecuted numerous trademark applications, defended multi-million dollar trademark litigation, and advised many clients on digital copyright issues.
Representative Matters
Ms. Salow has counseled clients on compliance with numerous international and US privacy, data security and e-commerce laws, including:
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EU Data Protection Directive
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EU eCommerce Directive
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EU Privacy and Electronic Communications Directive
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State and federal electronic communications laws, such as the Electronic Communications Privacy Act (ECPA) and Wiretap Act
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Telephone Consumer Protection Act (TCPA) and state telemarketing regulations
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Federal data security legislation and state data security laws
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FCC Customer Proprietary Network Information (CPNI) regulations
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Children's Online Privacy Protection Act (COPPA) and associated FTC regulations
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Gramm-Leach-Bliley Act (GLBA) and associated FTC regulations
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CAN-SPAM Act and associated regulations
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Communications Decency Act
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Child protection laws and legislation
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FCC broadcast decency regulations
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Health Insurance Portability and Accountability Act (HIPAA) and associated HHS regulations
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Lanham Act
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Anti-Cybersquatting Consumer Protection Act
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Copyright Act
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Digital Millennium Copyright Act
In addition, Ms. Salow regularly:
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Achieves US/EU safe harbor certifications for multinational companies
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Assists multi-national companies in external and internal data protection and compliance audits
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Advises US-based multinational companies with respect to intra-group data protection agreements involving numerous subsidiaries and affiliates
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Counsels clients on achieving compliance with various federal and state telemarketing and direct marketing laws
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Develops identity theft prevention programs for Fortune 100, mid-sized and small companies
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Creates and implements comprehensive data security programs for domestic and multinational companies
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Advises Fortune 100, mid-sized and small companies on legal obligations and best practices in the aftermath of data security breaches involving consumer data, such as payment card data and health care data
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Drafts and negotiates various types of software agreements, including software as a service (SaaS) agreements and end-user license agreements
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Represents a Coalition of Internet Service Providers, telecommunications companies and cable communications providers on a host of legislative and policy matters involving privacy, intellectual property and e-commerce, including federal legislation, US treaty negotiations and US federal agency initiatives
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Drafts and negotiates HIPAA-compliant business associate agreements
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Advises clients on compliance with HITECH Act changes to HIPAA regulations
Admissions
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District of Columbia
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Maryland
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Virginia
Memberships
Publications
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"Administration Proposes New Federal Consumer Financial Protection Agency," BNA World Data Protection Report, July 2009
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"Sprint Nextel Continues to Champion Consumer Privacy - Settles Second of Three Lawsuits Against Data Brokers," Sprint News Release, August 18, 2006
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"The Online Copyright Infringement Liability Limitation Act: Is It Working as Congress Intended?" E-Commerce Law, Volume II, No. 4, March 2002
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Seminars
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Panelist, "ACTA: The Global Treaty that Could Reshape the Internet," 2010 Google DC Talks series, Washington, DC, January 2010
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Presenter, "Online Safety and Privacy Issues," Online Safety and Privacy Roundtable, Consumer Policy Solutions, Washington, DC, August 2009
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Moderator, "Emerging Issues in Online Behavioral Advertising" panel, jointly sponsored by District of Columbia Bar and Federal Communications Bar Association, Washington, DC, April 2009
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Panelist, "State of the Mobile Net" annual conference, sponsored by Congressional Internet Caucus Advisory Committee, April 2009
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Panelist, "International Data Protection," and "Hot Topics in Data Breaches," 47th Annual Corporate Counsel Institute, sponsored by Northwestern University School of Law, San Francisco, December 2008
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Panelist, "The Evolving World of Online Search and Advertising: Antitrust/Merger and Behavioral Advertising Considerations," jointly sponsored by District of Columbia Bar Computer and Telecommunications Law and Antitrust and Consumer Law Sections, April 2008
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Moderator, "Wireless--Wild, Wonderful World of Wireless, Text Messaging and Future Developments," E-mail Policy Summit, sponsored by Direct Marketing Association, Washington, DC, May 2007
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Panelist, "Wireless Location Meets Social Networking: A Policy & Practices Dialogue," sponsored by the Congressional Internet Caucus Advisory Committee, Washington, DC, April 2007
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Panelist, "Identity Theft, Internet Privacy and Cell Phone Privacy -- What are the Rules of the Road?" sponsored by District of Columbia Bar Computer and Telecommunications Law Section, Washington, DC, December 2006
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"New Considerations for Wireless IPR and Policy from Inside the Beltway," Texas Wireless Summit, Austin, September 2006
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"Hot Topics in Privacy and eCommerce," Sprint Nextel Government Affairs Summit, Fall 2005 and Fall 2006
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"Privacy Year in Review," Sprint Nextel Legal Department Leadership Meeting, Overland Park, Kansas, July 2006
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Panelist, "Wireless Mobile Content: A Snapshot of Content Issues in a Wireless World," sponsored by District of Columbia Bar Computer and Telecommunications Law Section, Washington, DC, April 2005
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"Legislative and Regulatory Update on Internet and e-Commerce Privacy Issues," Federal Communications Bar Association, Washington, DC, January 2004
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"The Exercise of Personal Jurisdiction Over the Internet," National Business Institute, Washington, DC, October 2000
Prior Experience
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Sprint Nextel Corporation, Reston, Virginia – Senior Counsel and Director, 2005 – 2007
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Nextel Communications, Reston, Virginia – Special Counsel, Privacy and Intellectual Property, 2003 – 2005
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Cole, Raywid & Braverman LLP (now Davis Wright Tremaine LLP), Washington, DC – Senior Associate Attorney, 2000 – 2003
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Donelan, Cleary, Wood & Maser, P.C., Washington, DC – Associate Attorney, 1999 – 2000
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Burch & Cronauer, P.C., Washington, DC – Litigation Associate, 1995 – 1998
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Federal Communications Commission, Office of International Communications - Intern, 1993
EDUCATION
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LL.M., Intellectual Property, George Washington University
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J.D., University of Baltimore School of Law 1995
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B.A., McGill University 1991
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EDUCATION
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LL.M.,
Intellectual Property,
George Washington University
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J.D.,
University of Baltimore School of Law
1995
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B.A.,
McGill University
1991
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