Kathleen E. Scott

Kat offers counsel to clients across a range of sectors on issues surrounding established and emerging technologies, and she advises 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), and has extensive experience advising clients in a variety of regulatory, legislative, compliance, and transactional matters. Kat is a certified Information Privacy Technologist (CIPT) and Certified Information Privacy Professional/United States (CIPP/US) through the International Association of Privacy Professionals (IAPP).

Representative Matters

• Federal and State Privacy Issues: Counsels companies on a range of privacy issues. Handles complex issues related to health information, geolocation data, biometrics, and Customer Proprietary Network Information (CPNI). Provides compliance counseling under various federal and state privacy laws, including the Children’s Online Privacy Protection Act (COPPA), CAN SPAM, state omnibus privacy laws, data broker laws, consumer health data laws, and biometrics privacy laws.
• AI and Emerging Technology Issues: Counsels clients on emerging technology issues involving artificial intelligence (AI), machine learning, facial recognition technology, and advanced data analytics. Advises clients on legal and regulatory risks related to privacy, safety, security, fairness, transparency, explainability, and accountability in artificial intelligence deployment. Assists clients in developing corporate policies, principles, and governance approaches for artificial intelligence deployments. Advocates before the National Telecommunications and Information Administration (NTIA) and the National Institute of Standards and Technology (NIST), among others, regarding emerging AI risk management and governance frameworks, and advises clients on legislative and enforcement developments.
• TCPA and State Telemarketing Laws: Counsels a broad range of companies – including media, telecommunications, technology, and health care companies – on FCC implementation of the Telephone Consumer Protection Act (TCPA). 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. Represents companies in enforcement actions and inquiries regarding the TCPA and state telemarketing laws. 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 obligations in the area of cybersecurity and incident response and incident reporting, including expectations for critical infrastructure owners and operators and 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 Cybersecurity and Infrastructure Security (CISA) proceedings. Assists companies in preparing for and responding to cybersecurity incidents and data breaches.

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
• Privacy Bar Section Advisory Board, International Association of Privacy Professionals (IAPP) (2024-2025)

Recognitions

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