Kathleen E. Scott

Kat offers counsel to clients across a range of sectors on issues surrounding established and emerging technologies and privacy and cybersecurity issues at the federal and state level. She represents clients before the Federal Communications Commission (FCC), Federal Trade Commission (FTC), and National Institute of Standards and Technology (NIST), among other federal agencies, and has extensive experience advising clients in a variety of regulatory, legislative, compliance, and transactional matters. A certified Information Privacy Technologist (CIPT) and Certified Information Privacy Professional/United States (CIPP/US) through the International Association of Privacy Professionals (IAPP), and a certified Legal Lean Sigma Institute (LLSI) White Belt, Kat uses training to continually improve the value proposition the firm delivers to its clients.

Representative Matters

• Emerging Federal and State Privacy Issues: Counsels companies on a range of privacy issues, including general Federal Trade Commission (FTC) privacy issues associated with geolocation and health information; the Children’s Online Privacy Protection Act (COPPA); CAN SPAM; state privacy laws, including state omnibus privacy laws and state data broker and biometrics privacy laws; and Customer Proprietary Network Information (CPNI). Counsels clients on emerging technology issues involving artificial intelligence (AI), machine learning, biometrics and facial recognition technology, and advanced data analytics. Advocates before the FTC, the National Telecommunications and Information Administration (NTIA), and the National Institute of Standards and Technology (NIST) regarding emerging privacy frameworks.
• TCPA and State Telemarketing Laws: Counsels a broad range of companies – including media, telecommunications, technology, and health care companies – on Federal Communications Commission (FCC) implementation of the Telephone Consumer Protection Act (TCPA). Represents companies in enforcement actions and inquiries regarding the TCPA and state telemarketing laws. Offers strategic counsel to clients shaping telephone and texting outreach campaigns to consumers, and advises clients on liability issues related to partnering with vendors and other companies. Assists clients in negotiating settlements of TCPA claims, and assists in defending TCPA litigation. Conducts broad assessments of telephone outreach activity to identify areas for improvement in TCPA compliance.
• Cybersecurity: Advocates for clients facing emerging compliance and security obligations in the area of cybersecurity, including expectations for critical infrastructure owners and operators, government contractors, as well as cyber obligations related to Internet of Things (IoT) devices. Drafts comments and assists in crafting advocacy strategies in FCC, FTC, NIST, NTIA, and Consumer Product Safety Commission (CPSC) proceedings. Assists companies in preparing for and responding to cybersecurity incidents and data breaches.
• Enforcement: Helps to represent companies in enforcement proceedings before the FCC, FTC, and state regulators.

Professional Experience

• American University Washington College of Law
  • Dean's Fellow, Legal Rhetoric Department (2011-2013)
  • Dean's Fellow, Professor Lewis Grossman (2011-2012)
• Law Clerk, Electronic Privacy Information Center (EPIC), Internet Public Interest Opportunities Program (2011)
• Fund for the Public Interest
  • Regional Director's Administrator (2009-2010)
  • Canvass Director (2007-2009)
• Regional Administrator, Work for Progress (2008)

Affiliations

• Federal Communications Bar Association (FCBA)

• Co-Chair, Privacy and Data Security Committee

Recognitions

• Included in The Best Lawyers in America directory of “Ones to Watch” for Technology Law (2021-2023) and Communications Law (2023)