| Biography:
Kristen J. Mathews is a Partner in Proskauer’s Technology, Media and Communications and Privacy and Data Security Practice Groups, resident in the New York Office.
Ms. Mathews specializes in technology, e-commerce and media-related transactions and advice, with concentrations in the areas of data privacy, data security, direct marketing and online advertising. She regularly advises clients on a wide range of matters, including privacy and data security compliance, responding to data security breach incidents, preparing privacy and data security policies, data profiling, behavioral marketing, open source software issues, financial privacy, payment card data security and telematics.
She is certified as an information privacy professional (CIPP) by the International Association of Privacy Professionals. She is also a vice-chair of the Privacy and Information Security Committee of the American Bar Association's Antitrust Section, and a blogger on the committee’s blog at www.thesecuretimes.com.
Kristen’s clients cross all industries, and include retailers, consumer service providers, financial institutions, health care institutions, accounting firms, insurance companies, telecommunications and media companies, print and electronic publishers, consumer products conglomerates, technology vendors, and educational entities.
During the course of her years as a technology attorney, Kristen’s practice has evolved and grown with her clientele to address the most cutting edge technology and data protection issues. Kristen always brings to the table experience, creativity and a desire to enable her client’s business purposes.
Transactions
Kristen assists her clients with their technology, media, and communications-related transactions. She spots the legal issues that are raised by new forms of technology and media, and helps her clients to navigate through them and allocate the associated burdens of risk between her client and its partners.
Data Security
In the area of data security, Kristen regularly works with her clients to assess their current practices via audits, and to create and implement data security strategies and policies to help prevent data security breaches from occurring. She assists her clients in devising a security breach response plan before there is an incident, allowing for a quick and efficient response in the event of an actual incident, and mitigating the actual damage suffered by her client and their customers. In the event of a breach of data security, she advises clients on how to best respond to such incidents, while both protecting her client’s reputation and ensuring their compliance with applicable laws and industry standards. She also assists her clients in addressing threats to their customer’s security from malicious activities such as phishing, pretexting and other means of identity theft, and helps her clients with their data disposal policies and practices. She assists her retail clients who accept payment by credit card in complying with the Payment Card Industry (PCI) Data Security standards.
Privacy and Direct Marketing
In the privacy arena, Kristen regularly assists clients in implementing both internal and customer-facing privacy and direct marketing policies that are legally compliant and that meet their marketing, sales and other business needs. She assists her clients in addressing spam, text messaging, telemarketing, fax, behavioral marketing and other similar laws and industry standards. She assists her clients in complying with the Children’s Online Privacy Protection Act (“COPPA”) with regard to their Web sites that are directed to children.
International
Internationally, Kristen regularly assists clients in doing business seamlessly throughout the globe by devising a legally compliant means of global data flow among affiliates and business partners worldwide. Where European law is involved, she assists U.S. companies to comply with European law by putting in place inter-company agreements between U.S. companies and European data exporters, and joining the "Safe Harbor" program developed by the U.S. Department of Commerce in conjunction with the European Commission. Most importantly, Kristen has the experience necessary to assist her U.S. clients in selecting between these and other various means of achieving legally-compliant data flow between European affiliates and unaffiliated companies under applicable international laws.
Publications
Kristen’s vast authorships and speaking engagements in her practice areas reflect her depth of knowledge and understanding of the issues that her clients face, both from a practical and legal perspective. Examples include:
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Co-Author | “Does this Rule Apply to You? Understanding the FTC’s New Affiliate Marketing Rule,” The Secure Times, Volume 3, No. 2, Spring/Summer 2008;
- Author | “Payment Card Industry Data Security Standards” chapter of the ABA Section of Antitrust Law, Data Security Handbook (2008);
- Author | Current Trends in Data Security Litigation, published in both IP Litigation Quarterly, September 2006 and The Privacy & Data Protection Legal Reporter, Volume 1, Number 8, September 2006;
- Author | Data Security Breach Notification: Complying with State Laws; Still Awaiting Pending Federal Legislation, Privacy and Data Security Newsletter, May 2006;
- Author | "Going Mobile" With Promotional Text Messaging, published in each of Computer & Internet Litigation Reporter, Feb. 21, 2006, Telecommunications Industry Litigation Reporter, March 7, 2006 and the e-Business Law Bulletin, March 15, 2006;
- Author | If You're Confused, You Should Be: Two Federal Laws Apply to Cell Phone Messages, The Intellectual Property Strategist, Jan. 2006;
- Author | Wireless and Joint E-mail Messages Under CAN-SPAM: The Rules DO Apply To You, And They CAN Be Used To Your Best Advantage, The Corporate Counselor, Oct. 2005;
- Author | Understanding & Complying with the "CAN-SPAM" Act, Washington Legal Foundation, Contemporary Legal Note Series, Number 47, Sept. 2004;
- Author | Utilizing CAN-SPAM Provisions to the Best Advantage, The Corporate Counselor, Aug. 2004;
- Author | FTC Bans on Marketing Use of Consumer Info By Credit Reporting Agencies Are Upheld, E-Commerce Law & Strategy, Aug. 2002;
- Author | Misunderstanding RAM: Digital Embodiments and Copyright, 1997 B.C. Intell. Prop. & Tech. F. 041501, April 15, 1997;
- Co-Author | CAN-SPAM and the Regulation of E-mail, Survey of Developments of Intellectual Property and Technology Law, 385 (WebCredenza, Inc. 2004); and
- Co-Author | Pitfalls In Indemnification Provisions In Intellectual Property Related Agreements, published in les Nouvelles, September, 2002.
Education
Kristen received her B.A., with honors from Washington University and earned her J.D., cum laude at Boston College Law School. She is also certified as an information privacy professional (CIPP) by the International Association of Privacy Professionals.
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