Professionals:Melinda L. McLellan

Melinda L. McLellan

Associate
vCard

Practices

Contact

  • New York
    p212.309.1163
    f212.309.1823

Education

  • JD, Harvard Law School, Executive Editor, Harvard International Law Journal, 2005
  • BA, Political Science and French Studies, Rice University, 2000

Bar Admissions

  • New York

Languages

  • French

Awards & Recognition

  • Selected as a "Rising Star," New York Super Lawyers, 2012
  • Recognized among the Top Women Attorneys in the New York Metro Area, Super Lawyers, 2012
  • Empire State Counsel, New York State Bar Association, 2007-2012

Memberships

  • Member, New York State Bar Association
  • Member, International Association of Privacy Professionals
  • Member, New York Privacy Officers Forum
  • Member, Women in eDiscovery - New York City Chapter

Blogs

  • New York
    p212.309.1163
    f212.309.1823

Melinda’s practice focuses on privacy, data security, information management and related regulatory compliance issues.

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Melinda assists clients in identifying, evaluating and managing risks associated with privacy and information security practices. She has advised clients on the creation, development and implementation of information security programs, records management systems, and privacy notices and policies. She provides counsel on privacy and information management issues related to the Gramm-Leach-Bliley Act, FCRA, FACTA, FDCPA, CAN-SPAM, CFAA, COPPA, DPPA, HIPAA, TCPA, and other state, federal and international privacy laws, regulations and requirements.

Melinda is actively involved in pro bono matters related to civil rights and welfare advocacy as a volunteer for the New York City Bar Justice Center's Legal Clinic for the Homeless and the Election Protection Program administered by the Lawyers' Committee for Civil Rights Under Law. In 2007, Melinda successfully represented a client seeking asylum in the United States before the Department of Homeland Security.

Relevant Experience

  • Advises clients on Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act compliance, including authorized purposes and consent requirements for procuring consumer reports, adverse action notice and disclosure obligations, and "Red Flags" identity theft prevention regulations applicable to financial institutions and creditors.
  • Develops strategies for compliance with the CAN-SPAM Act and the Children's Online Privacy Protection Act, including in the context of multi-marketer and multimedia advertising campaigns.
  • Advises clients on data security breach management, preparation of required notifications and development of external communications and media strategies.
  • Counsels clients on the scope and application of electronic communications interception statutes such as the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, the Stored Communications Act and the Wiretap Act.
  • Assists clients with the preparation of responses to FTC and other regulatory agencies' investigative inquires with respect to alleged data security incidents.
  • Counsels clients on HIPAA compliance, including security breach notification obligations under the HITECH Act.
  • Advises clients on the legal implications of various web analytics technologies, including behavioral marketing and geotargeting.
  • Prepares comprehensive data security policies and procedures, including corporate social media policies, in the context of developing large-scale corporate information management programs.
  • Advises clients on legal and regulatory compliance considerations associated with the use of emerging internet technologies such as online behavioral advertising and cloud computing.
  • Provides advice and analysis regarding FTC and FCC regulation of mobile marketing using SMS, EMS, MMS and MSCM messaging technologies.
  • Advises clients regarding compliance with international data transfer restrictions, including through implementation of the U.S. Department of Commerce's Safe Harbor framework, or the use of Binding Corporate Rules.
  • Assists clients in evaluating privacy and data security provisions and indemnities contained in vendor and service provider agreements.
  • Drafts terms of use, privacy policies, procedures and notices for multiple online and offline retailers and service providers.
  • Provides counsel regarding regulatory requirements imposed by the Telephone Consumer Protection Act and the FTC's Telemarketing Sales Rule and National Do-Not-Call Registry regulations, as well as the applicability of those statutes to various forms of mobile marketing.
  • Advises clients regarding employee monitoring issues including workplace video surveillance, the use of Radio Frequency Identification (RFID) tags and employer review of electronic communications.
  • Evaluates compliance and enforcement issues related to the processing of credit card transactions according to the Payment Card Industry Data Security Standard (PCI DSS).
  • Creates multi-level employee training program materials focusing on privacy and information security practices.
  • Develops policy framework and procedural guidelines related to the creation and evaluation of corporate records retention policies and schedules.
  • Advises clients on compliance with the Driver's Privacy Protection Act and its state law analogs, as well as legal restrictions regarding the scanning and use of driver’s license information.
  • Crafts information security questionnaires and due diligence checklists for clients assessing the data protection practices of third-party service providers.
  • Provided assessments of records retention obligations arising from employee use of internal instant messaging programs.
  • Prepared detailed response to an FTC inquiry regarding information security practices of a multinational data management service provider.
  • Counseled clients on procedural requirements and best practices under the Fair Debt Collection Practices Act with regard to mortgage restructuring and loss mitigation strategies.
  • Advised on state law medical information security and privacy implications applicable to health care product development and marketing
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