Jennifer Archie is a partner in the Washington, D.C. office of Latham & Watkins and a member of the firm's Litigation & Trial Department. She possesses broad investigations, litigation, and counseling experience advising clients from emerging companies to global enterprises across all market sectors in matters involving computer fraud and cybercrime, privacy/data security compliance and program management, advertising and marketing practices, information governance, consumer fraud, employment and trade secrets. She has particular expertise defending clients in FTC and state consumer protection investigations and preparing for and leading the response to complex and large-scale data breach incidents.
Ms. Archie joined Latham in 1989, following her graduation from Cornell Law School. Prior to entering the practice of law, she served as Legislative Assistant and subsequently Press Secretary to Congressman Christopher H. Smith (R-NJ) from 1983-86. She has lectured for various industry, client and bar groups on diverse topics related to litigation or compliance issues relevant to state and federal computer crime and privacy laws, unfair or deceptive trade practice laws, and social media compliance considerations for regulated industries and public companies.
Ms. Archie is the editor of the Global Privacy & Security Compliance Law Blog, which discusses a wide range of legal developments and controversies involving data protection and privacy issues and practices, transborder data transfers, and data and system security terms and breaches across numerous industry sectors.
Ms. Archie's experience includes:
- Investigating, litigating and counseling clients about computer fraud and abuse or privacy-related events, and assisting with related federal and state regulatory inquiries.
- Investigating, litigating and counseling clients about matters involving employee misconduct in handling of trade secrets and other confidential data.
- Defending consumer class actions under Telephone Consumer Protection Act arising from mobile marketing (text messaging) campaigns.
- Handling litigation and dispute resolution of material disputes arising under major technology outsourcing agreements and software licensing agreements.
- Counseling regarding compliance with all federal and state privacy and information management laws and regulations, including but not limited to, the Gramm-Leach-Bliley Act, the Children's Online Protection Act, state security breach information statutes, the CAN-SPAM Act, the Health Insurance Portability and Accountability Act and other state and laws and regulation.
- Drafting and reviewing data security policies and procedures, including investigating and responding to emergent security breaches and threats and integrating privacy policies, data handling policies and security procedures in connection with mergers and acquisitions.
- Advising potential investors and acquirors on risks associated with privacy, data security and computer fraud and abuse.
- Devising internal practices for maintaining privacy of employee and other confidential records.
- As outside counsel to major ISPs since 2000 on litigation and other legal issues arising from the operation of mail and instant messaging systems, investigated, filed, and prosecuted dozens of civil lawsuits under state and federal computer crime statutes against more than 100 individual spammers/phishers, resulting in the collection of millions of dollars in monetary damages from defendants, the entry of permanent injunctions and the development of novel and favorable legal precedents. Supervised third-party discovery and private investigations in dozens of states and foreign countries to identify, locate and serve unknown defendants. Prepared criminal referrals of major spam defendants to state and federal law enforcement agencies, resulting in multiple criminal pleas, convictions and sentences.