Heidi Salow has been handling cutting-edge issues involving privacy and data security, intellectual property and e-commerce for much of her 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.

Immediately prior to joining DLA Piper, Ms. Salow was senior counsel and director for Sprint Nextel Corp., 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) and before Congress 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 state and federal privacy and e-commerce legislation, lobbied Congress, the FCC and the FTC, and participated in numerous FCC and FTC rulemaking proceedings. She is an experienced negotiator and public speaker.

Ms. Salow has advised clients on a wide-range of federal and state privacy, data security and e-commerce laws, including:

Communication Law

• State and federal electronic communications laws such as the Electronic Communications Privacy Act (ECPA) and Wiretap Act;
• Telephone Consumer Protection Act (TCPA) and state telemarketing regulations;
• federal data security legislation and state data security laws;
• Federal Communications Commission Customer Proprietary Network Information (CPNI) and Cable Act regulations;
• Children's Online Privacy Protection Act (COPPA) and associated FTC regulations;
• Gramm-Leach-Bliley Act (GLBA) and associated FTC regulations;
• CAN SPAM Act and associated regulations;
• Communications Decency Act
• Child protection laws and legislation;
• FCC broadcast decency regulations;
• Health Insurance Portability and Accountability Act (HIPAA) and associated regulations; and
• Junk Fax Prevention Act of 2005.

In addition, Ms. Salow has handled complex matters and litigation involving these intellectual property laws:

• Lanham Act;
• Anti-Cybersquatting Consumer Protection Act;
• Copyright Act; and
• Digital Millennium Copyright Act.

Representative Matters

Ms. Salow's regulatory compliance experience includes working closely with marketing and sales teams to structure e-mail, telephone and wireless text message campaigns in a manner that is business-friendly yet compliant with all applicable laws. She has advised businesses on how to avoid privacy pitfalls such as data breaches and "social engineering" tactics by fraudsters attempting to obtain sensitive and private customer information.

Ms. Salow has also handled numerous commercial transactions involving privacy and data security. For example, she has written corporate Data Classification and Information Security Policies and numerous website Privacy Policies and Acceptable Use Policies/Terms of Use.

In addition to her privacy and e-commerce expertise, Ms. Salow has a wealth of experience in trademark law, copyright law and litigation. She has managed large-scale corporate piracy and anti-cybersquatting programs, litigated domain name disputes under the Uniform Domain Name Dispute Resolution Policy, prosecuted numerous trademark applications, defended multi-million dollar trademark litigation, and advised many clients on digital copyright issues. She has published two articles on the Digital Millennium Copyright Act. Earlier in her career, Ms. Salow litigated cases involving defamation, Constitutional torts and government contracts. Recently, she managed Sprint Nextel’s litigation against companies and individuals engaged in “pretexting.”

Ms. Salow is an elected member of the DC Bar Computer and Telecommunications Law Steering Committee, where she is serving a second three-year term. She is also a member of the International Association of Privacy Professionals, the Maryland State Bar and the Federal Communications Bar Association.

Admissions

• District of Columbia
• Maryland
• Virginia

Memberships

• Elected Member, Computer and Telecommunications Law Steering Committee, DC Bar, 2003 - Present
• Member, International Association of Privacy Professionals (I.A.P.P.)
• Member, Federal Communications Bar Association

Publications

• "Broad New Privacy Rule Affects Use of Consumer Information from Affiliates for Marketing Purposes," BNA's World Data Protection Report, May 2008
• "Social Networking Site Settles COPPA Charge," Privacy & Data Security Law Journal, March 2008
• "Consumer Privacy: It's All Personal," Wireless Wave Magazine, Winter 2007
• "Sprint Nextel Continues to Champion Consumer Privacy - Settles Second of Three Lawsuits Against Data Brokers," Sprint News Release, August 18, 2006
• "Sprint Nextel wins $1M settlement against data broker," Kansas City Business Journal, August 10, 2006
• "Sprint Nextel Rings Up Customer Advocacy," Inside 1 to 1 Privacy, May 11, 2006
• “The Online Copyright Infringement Liability Limitation Act: Is It Working as Congress Intended?” E-Commerce Law, Volume II, No. 4, March 2002
• “Liability Immunity for Internet Service Providers: How Is It Working?” 6.1 J. TECH. L. & POL’Y, 2001

Seminars

• "The Evolving World of Online Search and Advertising: Antitrust/Merger and Behavioral Advertising Considerations," Panel Discussion, Off-the-Record Brown Bag Program, District of Columbia Bar Computer and Telecommunications Law Section, Antitrust and Consumer Law, April 2008
• "Wireless--Wild, Wonderful World of Wireless, Text Messaging, and Future Developments,"  Moderator, session at Direct Marketing Association E-mail Policy Summit, Washington, DC, May 2007
• "Wireless Location Meets Social Networking: A Policy & Practices Dialogue," Panel Discussion, The Congressional Internet Caucus Advisory Committee (ICAC) Event, April 2007
• "Identity Theft, Internet Privacy and Cell Phone Privacy -- What are the Rules of the Road?" Panel Discussion, DC Bar Conference Center, December 2006
• "New Considerations for Wireless IPR and Policy from Inside the Beltway," Texas Wireless Summit, September 2006
• "Hot Topics in Privacy and eCommerce," Sprint Nextel Government Affairs Summit, Fall 2005 and Fall 2006
• "Privacy Year in Review," Legal Department Leadership Meeting, July 2006
• "Wireless Mobile Content: A Snapshot of Content Issues in a Wireless World," Panel Discussion, DC Bar Conference Center, April 2005
• "Legislative and Regulatory Update on Internet and e-Commerce Privacy Issues," Federal Communications Bar Association, January 2004
• "The Exercise of Personal Jurisdiction Over the Internet," National Business Institute, October 2000

Prior Experience

• Sprint Nextel Corporation, Reston, Virginia – Senior Counsel/Director, 2005 – 2007
• Nextel Communications, Reston, Virginia -- Special Counsel, Privacy and Intellectual Property, 2003 – 2005
• Cole, Raywid & Braverman L.L.P., Washington, DC – Senior Associate, 2000 – 2003
• Donelan, Cleary, Wood & Maser, P.C., Washington, DC – Associate Attorney, 1999 – 2000
• Burch & Cronauer, P.C., Washington, DC – Litigation Associate, 1995 – 1998
• Federal Communications Commission, Office of International Communications - Intern, 1993