Arnold & Porter LLP - Nancy L. Perkins

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Nancy L. Perkins

Counsel

Washington, DC

tel: +1 202.942.5065
fax: +1 202.942.5999

Nancy.Perkins@aporter.com

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Practice Focus

Privacy

Nancy Perkins, counsel in the Washington, DC office, focuses her practice on litigation, legislative advocacy, and regulatory analysis and compliance on emerging policy issues, with a principal focus on data privacy and security. Ms. Perkins has more than a decade of experience in working with officials in Congress and the Administration and preparing advocacy materials supporting legislative and policy positions. She has advised numerous clients on financial and medical information privacy requirements at both the federal and state levels, as well as on technological and intellectual property issues associated with the expansion of electronic commerce. She has extensive experience in issues arising under the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act), the Health Insurance Portability and Accountability Act (HIPAA), the recently enacted Health Information Technology for Economic and Clinical Health Act affecting HIPAA covered entities and business associates, and the federal E-Sign Act and its relationship to state electronic signature laws. Ms. Perkins also has an extensive background in international law and she advises clients on the US-EU Safe Harbor for compliance with the EU Data Protection Directive, as well as broader issues arising under the rapidly developing framework for global legal protection of information privacy and security. Ms. Perkins served as a law clerk to Judge Eugene H. Nickerson of the US District Court for the Eastern District of New York from 1987 to 1988. She is a 1987 graduate of Harvard Law School, where she was an editor of the Harvard Law Review and the Harvard International Law Journal.

Representative Matters

Representative Litigation Matters

Represented State Farm Mutual Automobile Insurance Company in nationwide class action, Gilchrist v. State Farm et al.
Represented the Inter-American Development Bank in numerous cases, including Atkinson v. IDB.
Represented State Farm Bank in State Farm Bank v. Burke, State Farm Bank v. Reardon, and State Farm Bank v. District of Columbia.
Represents Bank of America in numerous class actions involving banking preemption.
Represented the American Bankers Association, America's Independent Bankers, Consumer Bankers Association, Consumer Mortgage Coalition, Financial Services Roundtable, and Mortgage Bankers Association as amici curiae before the Supreme Court in Watters v. Wachovia.

Representative International Trade Matters

Represented the Republic of Venezuela in GATT/WTO proceedings on: (1) US Imports of Tuna, (2) EU Imports of Bananas, (3) US Imports of Gasoline.
Represented the Republic of Argentina in ICSID dispute under Argentine-French Bilateral Investment Treaty.
Represented the Republic of Chile in antidumping proceedings before the International Trade Commission.
Represented numerous clients, including Thales (then Thomson-CSF), American Management Systems, American Capital Strategies, GKN Aerospace North America, Komatsu America Corp., Owens Corning, NFR Security, and DFI International in Exon-Florio proceedings.

Awards

Pro Bono Service Award for Election Monitoring in Nicaragua, International Human Rights Law Group, 1990

Rankings

Chambers USA: America's Leading Lawyers for Business 2009 for Privacy & Data Security

Professional and Community Activities

Professional Activity

Member, American Law Institute
Treasurer, American Society of International Law (ASIL)
Member, Editorial Advisory Committee of International Legal Materials, an ASIL publication
Former chair, International Law Section of the DC Bar
Chair, Public International and Criminal Law Committee, International Law Section of the DC Bar

Articles

Nancy L. Perkins. "Heath Information Security: Complying With Federal Breach Notification Requirements as a Newly Regulated Entity." (PDF: 58 kB) Bloomberg's Health Law Report, Vol. 3, No. 1, January 2010.

Nancy L. Perkins. "New Federal Rules on Notifications of Breaches of Health Information Security: What Do They Mean for the Healthcare Industry?." (PDF: 65 kB) Bloomberg's Health Law Report, Vol. 2, No. 11, November 1, 2009.

Nancy L. Perkins. "Medical Groups Oppose Federal Identity Theft Prevention Policy." (PDF: 287 kB) Ocular Surgery News (also ran in Orthopedics Today), May 10, 2009.

Nancy L. Perkins. "Stimulus Package Affects Health Data Privacy and Security." (PDF: 263 kB) Ocular Surgery News April 2009.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 119 kB) Bloomberg's Risk & Compliance Law Report, Vol. 1, No. 9, December 2008.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 125 kB) Bloomberg's Banking & Finance Law Report, Vol. 1, No. 31, December 1, 2008.

Nancy L. Perkins. "Federal Red Flag and Related Identity Theft Prevention Rules: Is Your Organization in Compliance?." (PDF: 423 kB) Bloomberg's Health Law Report, Vol. 1, No. 10, November 2008.

Nancy L. Perkins, Howard N. Cayne and Laurence J. Hutt. "Watters v. Wachovia: A Functional Approach To Federal Banking Law Preemption." (PDF: 330 kB) Review of Banking and Financial Law, Fall 2008.

Ronald D. Lee and Nancy L. Perkins. "The National Security Guard Dog Gets a Few More Teeth: What the New Foreign Investment Security Act of 2007 Means for Foreign Acquisitions of U.S. Companies." (PDF: 322 kB) The M&A Lawyer, October 2007.

Ronald D. Lee and Nancy L. Perkins. "Securing U.S. Strategic Assets: Does The Exon-Florio Statute Do Its Job?." (PDF: 51 kB) The China Trade Law Report, April 2006.

Howard N. Cayne and Nancy L. Perkins. "National Bank Act Preemption: The OCC's New Rules Do Not Pose a Threat to Consumer Protection or the Dual Banking System." (PDF: 438 kB) The Annual Review of Banking and Financial Law, 2004.

Nancy L. Perkins. "Prescription for Privacy; Protecting Patients' Personal Health Records was one of Clinton's Final Actions»." Legal Times, January 2001.

Nancy L. Perkins. "Saving Dolphins and Trade»." Legal Times, September 1996.

Presentations

Howard N. Cayne, Brian C. McCormally and Nancy L. Perkins. "Cuomo v. Clearing House: State Enforcement Against Federally Chartered Banks." (PDF: 140 kB) Strafford Publications, July 28, 2009.

Nancy L. Perkins. "The HIPAA Privacy Rule: Implications for CMS Proposed Coverage With Evidence Data Collection." (PDF: 63 kB) Registries & Post-Marketing Data Collection Seminar, May 2005.

Advisories

"The New White House 'Cyber Czar'." (PDF: 263 kB) Jun 2009.

"What's Coming for Financial Institutions, Issuers, and Market Participants?." (PDF: 329 kB) Mar 2009.

"Congress Strengthens Law To Prevent Foreign Investments That Could Threaten National Security." (PDF: 193 kB) Aug 2007.

"New California Law on Gifts to Health Care Providers: Interpretation Challenges and Liability Risks." (PDF) Nov 2004.

"Global Privacy Law Update." (PDF: 139 kB) Jul 2004.

"California Law Regulating Web Site Privacy Policies Is Effective July 1." (PDF) Jun 2004.

"New Statute Requires Notice to California Residents of Computer Security Breaches." (PDF: 202 kB) Jun 2003.

Webcasts

Marcus A. Asner and Nancy L. Perkins. "ID Theft, Privacy and Security: How To Comply With Red Flags Rule and New Expanded HIPAA Requirements." American Academy of Ophthalmology, Web Seminar, June 2009.