In recent data breach matters, Emily counseled a large specialty retailer and a prominent hotel chain through the investigation, remediation, and disclosure of significant breaches of personally identifiable information (PII) and payment card information, and led the investigation of a cyber-incident impacting PII and protected health information maintained by a Fortune 200 healthcare company. Emily also assists clients with disputes arising from data security incidents. For example, she successfully represented a breached merchant in a breach of contract suit against a card processor that had attempted to collect millions of dollars of card brand fees from the merchant.
Emily counsels clients on regulatory issues, including compliance with anti-corruption and anti-bribery laws, including the FCPA and UK Bribery Act. Clients benefit from Emily's experience working in-house at an international pharmaceutical company developing and implementing organization-wide anti-corruption initiatives that balanced legal requirements with business objectives. She has designed practical and effective anti-corruption compliance programs for numerous public and private companies in diverse sectors, including clients in the oil and gas, energy, pharmaceutical, freight forwarding, and hospitality industries. Emily has also investigated suspected violations of anti-corruption laws and liaised with regulators on behalf of her clients.
An accomplished litigator, Emily realizes that the best result - an early victory - is often obtained through motion practice. For example, she recently helped a hedge fund client and its principals defeat class certification and obtain a voluntary dismissal of all claims, including breach of fiduciary duty. Emily also represented the former CEO of Microtune, Inc. in a stock option backdating case brought by the Securities and Exchange Commission (SEC) and, with a team of Haynes and Boone lawyers, won summary judgment and a complete dismissal.
Emily is also committed to serving the community. She recently won asylum for four Cameroonian natives and a Nepali native. She also proudly serves on the steering committee of the American Bar Association's Death Penalty Representation Project.
EducationJ.D., University of Texas at Austin School of Law, 2007, cum laude, Phi Delta Phi
B.A., University of North Carolina at Chapel Hill, 2003, cum laude, Phi Beta Kappa
Significant AccomplishmentsInternal investigation and remediation of a data security breach at a Fortune 200 transportation company; civil prosecution of entity responsible for the security breach.
Internal investigation of alleged FCPA violations made against a Fortune 200 company in connection with the construction of cross-border facilities.
Defense of the former CEO of an international technology company in an SEC enforcement action for options backdating.
Internal investigation on behalf of the audit committee of a national construction and restoration company regarding securities issues and fraud allegations.
Defense of an international freight forwarder under federal investigation for antitrust compliance issues.
Defense of a national multi-industry company in breach of warranty litigation.
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