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Erika Brown Lee - Fulbright & Jaworski LLP
Erika Brown Lee
Senior Counsel
D: +1 202 662 0398
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643
AREAS OF CONCENTRATION
EXPERIENCE

Erika Brown Lee joined the firm's Washington, D.C. office in 2010. As senior counsel, she works with the firm's litigation group.

Erika's work primarily focuses on both antitrust issues and cases that involve privacy and data protection. She has been credentialed as a Certified Information Privacy Professional (CIPP) by the International Association of Privacy Professionals. She also works on cases that involve unfair and deceptive practices in other areas of consumer protection such as advertising and marketing practices, as well as consumer financial services.

Prior to joining the firm, Erika's comprehensive experience at the Federal Trade Commission (FTC), included three years as Counsel to the Director of the Bureau of Competition, where she assisted in managing the agency's antitrust portfolio of merger and anticompetitive conduct investigations. Additionally, she gained key experience serving on a FTC trial team that obtained a preliminary injunction to block a merger between electronic systems companies. As a staff attorney in three of the agency's merger divisions, she also led and participated in investigations in the health care, supermarket, retail and energy industries.

Erika also worked in the Bureau of Consumer Protection, where she investigated potential consumer privacy violations, including data security, identity protection and internet advertising. She also served as an antitrust and consumer protection advisor to an FTC Commissioner where she made enforcement recommendations on matters before the Commission and worked on competition policy.

REPRESENTATIVE EXPERIENCE

Antitrust:

  • Advised clients on responding to FTC and DOJ subpoenas and Civil Investigative Demands
  • Advised clients on antitrust implications of forming Accountable Care Organizations
  • Advised on anticompetitive conduct claims in health care industry
  • Provided analysis of potential antitrust issues regarding proposed merger transactions in the oil and gas industry
  • Provided analysis on antitrust implications of collaborations among competitors
  • Advised on Hart-Scott-Rodino issues regarding a pre-merger filings

Privacy and Consumer Protection:

  • Led industry-wide response to Civil Investigative Demands issued by Consumer Financial Protection Bureau
  • Managed data breaches and notification processes for various multinational corporations
  • Managed data breach analysis and notification process under HIPAA for health care provider
  • Advised clients on European Data Directive (including compliance programs) and cross-border data transfers
  • Advised clients on FTC and state requirements for safeguarding data online and offline, including compliance with COPPA, Gramm-Leach-Bliley, FCRA, and state Unfair and Deceptive Acts and Practices regulations
  • Advised clients on HIPAA and HITECH privacy and data security rules
  • Assisted clients in data breach simulation exercises and evaluation of incident responses
  • Provided advice regarding Telemarketing Sales Rule
  • Advised clients on advertising issues including Guides concerning the Use of Endorsements and Testimonials in Advertising
  • Advised clients regarding promotions and sweepstakes
  • Advised clients on responding to government subpoenas
  • Provided advice on the FTC's Proposed Revisions to the Guides for the Use of Environmental Marketing Claims ("Green Guides")
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American Bar Association
    • Antitrust Section
      • Privacy and Information Security Committee, Chair (2011 - present)
      • Membership and Equal Opportunity Committee, Chair (2010 - 2011)
      • Liaison to Commission on Racial and Ethnic Diversity in the Profession (2009 - present)
      • Corporate Counseling Committee, Vice-Chair (2006 - 2009)
      • Membership and Equal Opportunity Committee, Vice-Chair (2003 - 2006)
    • Business Law Section
      • Ambassadors Program Delegate (2010 - 2012)
  • International Association of Privacy Professionals
  • Credentialed as a CIPP (Certified Information Privacy Professional)
PUBLICATIONS
  • Co-author, "Final Approach: FTC Issues COPPA Guidance," Fulbright Briefing, May 2013
  • Co-author, "Article III Standing in FISA Constitutionality/Privacy Lawsuit," Fulbright Briefing, March 1, 2013
  • Co-author, "Mobile Apps and Children’s Privacy Continue to be Top FTC Priorities: New Rules, More Enforcement, and Broader Application," Fulbright Briefing, February 19, 2013
  • Co-author, "FTC Recommendations for Mobile App Privacy Disclosures," Fulbright Briefing, February 8, 2013
  • Co-author, "Compliance With Anti-Bribery and New Data Privacy Regulations," Corporate Counsel, October 1, 2012
  • Co-author, "Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation," Fulbright Briefing, October 16, 2012
  • Co-author, "FTC Speaks Through Spokeo: When Privacy Meets FCRA Web and Social Media Data Collection in the Crosshairs," Fulbright Briefing, July 25, 2012
  • Co-author, "Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful," Fulbright Briefing, July 20, 2012
  • Co-author, "State-Action Fight Far From Over: Supreme Court to Revisit Immunity of Regulated Industries," Fulbright Briefing, July 5, 2012
  • Co-author, "Pay-for-Delay: Still a Critical Antitrust Enforcement Priority," Fulbright Briefing, June 21, 2012
  • Co-author, "Prepare Yourself: Proposed Privacy Regulation and Reports May Significantly Affect Your Company’s Operations," Fulbright Briefing, May 24, 2012
  • "From the Experts: Providing Third-Party Information to the Government," Corporate Counsel, November 1 , 2011
  • Co-author, "Think the FTC’s Proposed Changes to the Children’s Online Privacy Rule Don’t Affect Your Company? Think Again!," Fulbright Briefing, October 11, 2011
  • Co-author, "Pharma Company Prevails Again in Appeal of Antitrust Challenge by FTC and Minnesota," Fulbright Briefing, August 23, 2011
  • Co-author, "FTC Likely to Serve Subpoenas in Gasoline Price Investigation," Fulbright Alert, July 28, 2011
  • Co-author, "Federal Agencies Coordinate in the Issuance of Much-Anticipated Guidance on Accountable Care Organizations," Fulbright Briefing - Accountable Care Organization Task Force, April 5, 2011
  • Co-author, "HSR Thresholds Bounce Back With Improving Economy," Fulbright Alert, January 24, 2011
  • Co-author, "New Law Modifies Federal Trade Commission’s Red Flags Rule," Fulbright Briefing, January 21, 2011
  • Co-author, "Privacy - A Way Forward: Reconciling The FTC and Commerce Reports," Fulbright Briefing, January 3, 2011
  • Co-author, "First Circuit Upholds $48 Million-plus Disgorgement of Gross Revenues in Deceptive Advertising Case," Fulbright Briefing, November 4, 2010
  • Co-author, "Most Favored Nation Clauses Come Under Antitrust Fire," Fulbright Briefing, October 20, 2010
  • Co-author, "Most Favored Nation Clauses Come Under Antitrust Fire," Law360, October 20, 2010
  • Co-author, "Drug Maker Prevails in Latest Antitrust Challenge by FTC," Fulbright Briefing, October 7, 2010
  • Co-author, "The Leegin Saga Concludes in the Fifth Circuit: Resale Price Maintenance Claims Are Dismissed," Fulbright Briefing, August 26, 2010
  • "FTC Updates Congress on Oil and Gas Sector Investigations," Fulbright Briefing, August 25, 2010
SPEECHES
  • Presenter, "FTC Speaks Through Spokeo: When Privacy Meets FCRA--Web and Social Media Data Collection in the Crosshairs," Fulbright & Jaworski L.L.P. Web Seminar, September 6, 2012
  • Moderator and Presenter, "Staying Out of Hot Water: Privacy Violations, Data Security Breaches, Deceptive Financial and Advertising Practices," National Bar Association Annual Convention, July 18, 2012
  • Session Chair and Moderator, "Ethics in Privacy and Social Media," ABA Section of Antitrust Law Spring Meeting, March 2012
  • Presenter, "Privacy in the Crosshairs: Stepped Up Enforcement by the FTC," Carolina Privacy Officials Network, Data Privacy Day Symposium, January 27, 2012
  • Panelist and Moderator, "Hot Topics in Healthcare: Privacy, Antitrust and Fraud," Fulbright & Jaworski L.L.P. Web Seminar, December 6, 2011
  • Panelist, "The Final ACO Regulations: Is Participation Worth a Second Look? Part 1: Quality of Care, Antifraud, and Antitrust," ABA Health Law Section Webinar, November 16, 2011
  • Panelist, "The Final ACO Rules: What Changed, What Didn't and Where Do We Go From Here?," Fulbright & Jaworski L.L.P. Web Seminar, November 2, 2011
  • Panelist, "Litigation Trends - What's Trending, What's Not in Dispute?," Fulbright Forum Web Seminar, November 1, 2011
  • Presenter, "Practicing in a Time of Change: How to Survive and Thrive Under Dodd Frank," ABA Annual Meeting, August 6, 2011
  • Moderator and Presenter, "Hot Topics in Antitrust and Consumer Protection Enforcement: What Companies Need to Know to Avoid Violating the Law," National Bar Association Annual Convention, August 1, 2011
  • Presenter, "Privacy and Data Security Update for May 2011," ABA Section of Antitrust Law Teleconference, June 9, 2011
  • Presenter, "Antitrust Update for In-House Counsel," Corporate Counseling Committee Program, ABA Section of Antitrust Law Teleconference, April 2011
  • Presenter, "The Emerging Federal Role In Regulating Privacy and Data Security Protection," ABA Section of Business Law Section Spring Meeting, April 2011
  • Moderator, "Consumer Protection Fundamentals," ABA Section of Antitrust Law Spring Meeting, March 2011
  • Moderator, panel of senior government officials from the FTC, DOJ, and Canada, "A Brave New World in Consumer Protection Law: A View from the Top," ABA Section of Antitrust Law Consumer Protection Panel, February 2011
  • Panelist, "Advertising and Health Care: An Overview of Litigation and Hot Topics," University of Houston Law Center, February 2011
  • Presenter, "Women at the Top – Knowledge is Power (Hot Topics in Privacy)," Fulbright & Jaworski L.L.P. Breakfast Seminar, November 2010
  • Moderator and Panelist, "Emerging Trends in Consumer Privacy, Detection, Regulation and Enforcement," Fulbright & Jaworski L.L.P. Webinar, October 19, 2010
  • Presenter, "Antitrust Fundamentals: Merger Law Process Review," ABA Section of Antitrust Law Spring Meeting, 2010
  • Moderator, "Program on Committee for Foreign Investment in the United States," ABA Section of Antitrust Law, September 2009
  • Session Chair and Moderator, "Antitrust & Consumer Protection Seminar," National Bar Association Annual Convention, August 2009
  • Program Faculty Member, "Barbados Competition Authority and Fordham Competition Law Institute Program in Competition Law and Policy," January 2009
  • Moderator, "In-house Counsel Antitrust Update," ABA Section of Antitrust Law Corporate Counseling Committee Program, January 2009
  • Presenter, "Antitrust Fundamentals: Merger Law and Policy Review," ABA Section of Antitrust Law Spring Meeting, 2009
EDUCATIONAL BACKGROUND

1994 - LL.M., London School of Economics and Political Science
1993 - J.D., cum laude, University of Miami School of Law
1990 - B.S., Finance, Boston College

While in law school, Erika was a member of the National Mock Trial Team and was elected 1L and 2L Senator of the Student Bar Association. Erika is licensed to practice in New York and the District of Columbia.

INTERESTS

Erika is a Sunday School teacher and enjoys travel, tennis and skiing.

BAR AND COURT ADMISSIONS
  • District of Columbia
  • New York






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