Privacy Law & Policy: Keeping Clients Out of Regulators’ Crosshairs

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Washington MCLE
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About This Course

Consumer-facing businesses are under growing compliance pressure with the evolving privacy laws such as California’s Consumer Privacy Act (CCPA) and other enhanced state data breach laws. This informative CLE course will offer a solid background on both current and emerging federal and state privacy gaps and explain how to advise clients on compliance-related issued.

The course will present real-world events as well as enforcement actions and explain privacy requirements and challenges related to the Gramm-Leach-Bliley Act (GLBA), the California Consumer Privacy Act, GDPR and the Illinois Biometric Information Privacy Act.

Lecturer Bios

Helen Mac Murray, Esq.

A founding partner of Mac Murray & Shuster, Helen has been a national leader in the consumer protection arena for over two decades. She consults with and represents numerous entities regulated by federal and state consumer protection laws, regularly working with in-house counsel, executive management, and marketing and sales personnel.

Prior to founding the firm, Helen served as Chief of the Ohio Attorney General’s Consumer Protection Section, named in 2000 as the “National Consumer Protection Agency of the Year.” From 1997-2001, she was the staff lead for the National Association of Attorneys General Consumer Protection Committee enforcement actions, including the country’s first actions involving nearly all state attorney general offices, where she was responsible for coordinating multistate investigations and drafting comment letters to Congress concerning proposed legislation.

Helen not only brings deep insight into how the other side thinks, but also works constantly to maintain her connections to regulators and their staff. As an assistant AG, she watched attorneys frequently achieve lesser results for clients because they didn’t understand the law or how politics and the press affect cases; their arrogance and condescending attitude fueled the regulators’ diligence to significantly greater heights. The result? Tougher settlement terms and higher monetary payments. Always.

Deciding there was a better way to represent clients, Helen now uses her experience and insight to focus on the defense of federal, state, and multistate consumer protection investigations. She believes that a regulator’s knowledge is only as good as the information you bring to them. Presented in a respectful manner and with a true understanding of consumer protection law, Helen obtains excellent results for her clients with regulators and courts including investigation closures, case dismissals, and settlements for tens of millions of dollars less than original demands.

Helen keeps her pulse on the ever-changing political landscape, from changes in leadership at the FTC and CFPB to the national balance of the parties of state AGs. She constantly monitors the increased activism of a block of Democratic AGs motivated by the current administration’s actions (or lack thereof).

In addition to her defense work, Helen frequently advises clients on proactively managing their compliance obligations, successfully identifying issues that only a trained “former regulator eye” will catch. A frustrating subtlety of consumer protection law is its subjective nature. Knowing how regulators interpret these laws, and when that interpretation changes, is crucial to maintaining compliance. Helen regularly sits across the table from consumer protection regulators throughout the country to hear this information and bring it to you in language that you can act on.

Helen has received extensive professional and peer recognition for excellence in law, including Super Lawyers and Best Lawyers in America in the areas of Government Relations Practice and Advertising Law. She is a frequent national speaker on consumer regulatory issues, addressing government, industry, and other professional organizations.

Education

Juris Doctorate, University of Toledo College of Law, 1987
Bachelor of Arts, Stockton State College, 1984

Erica Hollar, Esq.

Senior Attorney Erica Hollar works with the firm’s Compliance and Litigation teams. Her practice focuses on advertising and marketing, teleservices, privacy and data security, and other consumer protection matters.

With more than a decade of experience, Erica began her legal career with M&S, assisting on regulatory matters and developing compliance programs for teleservices, debt collection, and charitable fundraising businesses. She returned to the firm in 2020 after gaining experience and insight as in-house counsel for a major retail organization where she provided strategic and legal guidance on marketing and commercial transactions. She understands firsthand the challenges and pitfalls her clients face in trying to meet their compliance obligations without impeding operational, financial, and innovation objectives.

Leveraging this comprehensive background, Erica now provides M&S clients with both proactive compliance counsel and representation in litigation and government enforcement action. She advises on applicable federal and state regulatory requirements, industry best practices, and industry self-regulatory regimes related to consumer protection and privacy matters. This includes conducting risk assessments, developing and implementing policies and procedures, creating and delivering employee training, conducting ongoing monitoring and testing, responding to issues, and developing meaningful reporting. She has extensive experience with a wide range of existing and emerging laws, including the TCPA, CCPA, FTC Act, UDAP laws, and CAN-SPAM.

Erica also represents clients throughout all phases of litigation and enforcement matters, including responding to consumer complaints and defending against government investigations, enforcement action, and class action lawsuits.

Received a Juris Doctor, Thomas M. Cooley Law School 2009, cum laude Bachelor of Arts, Miami University, 2006

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Privacy Law & Policy: Keeping Clients Out of Regulators’ Crosshairs

Washington MCLEAccreditation Info

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