Linda C. Emery, CIPP/US

Linda is a data privacy, security, and technology lawyer with a wealth of experience helping clients navigate the complex world of data privacy and security laws and compliance.

She handles data breach incident responses, develops and maintains privacy and security programs, counsels clients on compliance with U.S. and global data protection laws, handles regulatory matters arising under data privacy laws, and assists with litigation strategy for disputes involving data privacy and cybersecurity laws. Linda leverages her private practice and in-house experience, her previous commercial litigation and class action experience, and her transactional experience to provide clients with practical approaches to data privacy law compliance tailored to the client’s industry and needs.

Linda works with clients to meet their requirements in industry-specific areas, such as education, manufacturing, consumer products, retail and e-commerce, healthcare, communications, and financial services.

Linda also handles a variety of digital technology agreements and provides e-commerce counseling.

Solutions in action

Linda’s experience includes the following:

• Leads responses to significant data breach and other data security incidents, including ransomware attacks, business e-mail compromises, and social engineering attacks, including cross-border incidents.
• Handles data privacy and security regulatory matters, including data breach notifications and response to regulators.
• Supports data breach and data compliance class action and regulatory litigation, to aid in defending and resolving data security and privacy litigation and disputes, including data breach litigation. This includes substantial recent experience analyzing and developing strategies to reduce the risk of class action litigation under Illinois federal and state privacy laws.
• Develops and maintains comprehensive data privacy and security programs tailored to a client’s industry, size, regulatory requirements, and risk tolerance.
• Advises clients on compliance requirements under various U.S. federal and state data privacy and security laws, including the FTC regulations, the Gramm-Leach Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA), Regulation S-P, the Children’s On-line Privacy Protection Act (COPPA), the Illinois Biometric Information Privacy Act (BIPA), the New York Department of Financial Services Cybersecurity Regulation, the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Colorado Privacy Act (CPA), the Virginia Consumer Data Protection Act (CDPA), and the Connecticut Data Privacy Act (CTDPA).
• Guides clients on compliance with international data privacy and security laws such as the European Union’s General Data Protection Regulation (GDPR), the UK GDPR, the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and other rapidly emerging international privacy laws.
• Creates global and national data privacy policies and notices, as well as internal privacy policies, employee and applicant privacy policies, and industry-specific annual privacy notices.
• Addresses data privacy, security, and technology issues and risks in connection with business transactions, including mergers and acquisitions.
• Collaborates with clients on consumer marketing strategies and protection of consumer data.
• Negotiates and develops agreements, policies, and procedures for e-commerce enterprises including online terms of sale, website terms of use, privacy policies, cookie policies, Digital Millennium Copyright Act (DMCA) policies, and related agreements for use with company websites, mobile applications, and e-commerce sites.
• Drafts and negotiates complex technology agreements including software development agreements, software licenses, cloud service agreements, support agreements, confidentiality and non-disclosure agreements, and managed services agreements.

Prior Experience

Prior to joining Michael Best, Linda worked in both private practice as a law partner in multiple AmLaw 200 law firms and as in-house counsel in two Fortune 500 companies. She began her career working in commercial litigation, defending consumer class action litigation, and trying cases at a large national law firm. She developed her expertise in technology and privacy and security law through her work as Vice President & Senior Counsel at Charter Communications and at a large health insurance company. Since returning to private practice, Linda has focused her practice on data privacy and security and technology transactions. Linda’s in-house experience has deepened her understanding of both the challenges her clients face as well as the broader context in which clients need to navigate legal and regulatory issues.