International Summit
on the Law and Business
of Video Games

Speakers > Jennifer Archie, Partner, Latham & Watkins, LLP

Jennifer Archie is a partner in the Washington, D.C. office of Latham & Watkins, LLP, with broad litigation and counseling experience representing internet access and transport providers, various retailers and other e-commerce businesses, and technology and communications providers in matters involving computer fraud and cybercrime, privacy/data security issues, advertising and marketing practices, spyware, phishing, consumer fraud, employment and trade secrets.

Ms. Archie has served as outside counsel to a major Internet service provider since 2000 on litigation and other legal issues arising from the operation of its mail and instant messaging systems. In this role, she has investigated, filed, prosecuted dozens of civil lawsuits 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. Ms. Archie has supervised third party discovery and private investigations in dozens of states and foreign countries to identify, locate and serve unknown defendants. She has prepared criminal referrals of major spam defendants to state and federal law enforcement agencies, resulting in multiple criminal pleas, convictions and sentences.

Ms. Archie has consulted extensively on the drafting of federal identity theft/phishing legislation, the Can Spam Act of 2003, Virginia and other state computer crime/spam laws, including testifying for a major Internet service provider at state legislative hearings in Pennsylvania and New York and submitting appellate briefs on behalf of United States Internet Service Providers Association regarding constitutionality of Maryland and Virginia anti-spam laws.

Ms. Archie's experience also includes:

• Handling litigation and dispute resolution of material disputes arising under major technology outsourcing agreements and software licensing agreements.
• Defending consumer class actions under Telephone Consumer Protection Act arising from mobile marketing (text messaging) campaigns.
• 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.
• Drafting privacy policies and terms of use for diverse group of e-commerce and Web 2.0 clients.
• 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 CANSPAM 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.

Ms. Archie, a member of the Maryland and District of Columbia bars, 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 compliance with state and federal anti-spam laws, insurance coverage and other litigation issues.