Kathleen E. Scott

Kat offers counsel to telecommunications, media, and technology clients on issues surrounding established and emerging technologies, and she advises a broad range of clients on 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.

Kat is a contributing author to the “Cybersecurity Risk Management Is a Corporate Responsibility” chapter in the American Bar Association’s 2019 publication, The Lawyer’s Corporate Social Responsibility Deskbook.

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); state privacy laws, including omnibus privacy laws in California, Colorado, Connecticut, Utah, and Virginia, and state biometrics privacy laws; and Customer Proprietary Network Information (CPNI). Counsels clients on emerging technology issues, including involving AI, machine learning, biometrics and facial recognition technology, and advanced data analytics. Assists clients in Privacy Shield self-certification process. Helps clients to develop, draft, and update privacy policies and terms of service. Reviews email campaigns for CAN-SPAM and state commercial email law compliance. 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 outreach campaigns to consumers. Assists clients in negotiating settlements of TCPA claims, and assists in defending TCPA litigation. Advises clients on liability issues related to partnering with vendors and other companies for calling campaigns. 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 Internet of Things (IoT) cybersecurity. Drafts comments and assists in crafting advocacy strategies in FCC, FTC, NIST, NTIA, and Consumer Product Safety Commission (CPSC) proceedings.
• Compliance and Enforcement: Counsels clients regarding compliance with FCC rules affecting broadcasters and other licensees, including character requirements. Drafts comments, petitions, and other pleadings in proceedings before the FCC. Prepares FCC regulatory filings. Helps to represent companies in enforcement proceedings before the FCC. Advises on responses to inquiries from other agencies, including the FTC and state regulators.
• Transactions: Offers regulatory and privacy counsel to Assists clients in securing regulatory approvals for complex mergers and acquisitions and bankruptcy proceedings. Has experience with foreign ownership issues in both the media and telecommunications space. Performs due diligence for major transactions.

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)