Susan E. Gindin

Of Counsel, Isaacson Rosenbaum P.C.
Denver, Colorado 80202
 
Expertise and Areas of Focus
Susan advises and represents clients around the world to capture value and avoid risk relating to:

• Deployment of digital technologies
• Electronic commerce
• Information management
• Electronic health information
• Direct marketing
• Intellectual property & Internet strategies
• Promotions and sweepstakes
• Affiliate marketing

• Information Privacy &Security
• Advertising (with emphasis on advertising via digital technologies and social media)
• Compliance
• Employee trade secret misappropriation
• Computer Fraud & Abuse Act violations
• Workplace policies regarding digital technologies
• Matters before the Federal Trade Commission, state attorneys general, self-regulatory agencies
 
Susan is one of the top experts nationally in the area of privacy concerns and legal requirements. Susan's privacy work includes:

•  Federal, state, & international privacy laws
•  Identity Theft Red Flags Rule
•  CAN-SPAM
•  FACTA
•  PIPEDA
•  FERPA

• Behavioral marketing
• Healthcare Privacy & Marketing
• HIPAA & Recovery Act
• Do Not Call
• Prerecorded calls regulations

• PCI compliance
• Mobile marketing
• Data breach notification
• Financial privacy
• ECPA
• COPPA
Background
Susan brings to her work with clients a significant background in information technology which gives her particular understanding of digital technologies. She has been involved with the Internet, or precursors to the Internet, since its inception; and she has worked with clients on electronic commerce and Internet legal issues as they have continued to evolve. Susan has also been active in Internet policy debates, including participation on industry committees guiding federal and state legislation on emerging e-commerce issues such as data privacy, the Digital Millennium Copyright Act (DMCA), service provider liability for subscriber communications, first amendment and human rights issues, and working with law enforcement on issues such as phishing. She served as General Counsel of the largest e-commerce and direct marketing provider of computer software tutorials in the U.S., and Canada, and as Senior Counsel for Verio Inc., a leading provider of comprehensive Internet services to customers in more than 170 countries and a wholly owned subsidiary of NTT Communications, the largest telecommunications company in the world.
Client Results
As a result of Susan's representations, clients and stakeholders have achieved success in numerous areas. Examples include:

• Resolution through negotiation, and without litigation, numerous disputes involving the still-developing cyber law, including several high-profile matters involving the Digital Millennium Copyright Act and service provider liability.
• Within 45 minutes of discovery of a sham (and very offensive) profile purportedly authored by a CEO on MySpace, the profile was removed. A similar offensive posting to Craigslist was removed within an hour. The quick resolution prevented significant business damage to the client.
• Trademark and copyright infringement by nearly 150 cybersquatters was successfully terminated in a variety of actions, preserving the value of the clients' intellectual property.
• Clients have successfully avoided formal charges threatened by the Federal Trade Commission and state attorneys general.
• As a result of her articles on privacy issues, Susan has influenced stakeholders in the privacy debate including on the hot button privacy issue of behavioral marketing.
 
Publications and Presentations
An expert in her field, Susan is a frequent author and speaker. She is the author of Guide to E-mail and the Internet in the Workplace published by The Bureau of National Affairs in 1999 and numerous other works, including the first law review on Internet privacy as well as numerous other articles on privacy, advertising, electronic commerce & Internet law, sweepstakes, and promotions, intellectual property, and employment law.
Her Internet privacy law review article, Lost and Found in Cyberspace: Informational Privacy in the Age of the Internet, has been cited widely, in numerous Internet and print resources including in law review articles from prominent law schools such as Harvard University, Stanford University, Cornell University, University of Pennsylvania, and the University of Chicago, as well as the University of Haifa and Technische Universiteit Delft. She has also been cited globally by policy making bodies and prominent universities, including the European Commission, the Law Reform Commission of Hong Kong, and the Canadian Privacy Commissioner. Her Guide to E-mail has been cited in numerous resources and has been used in classes presented at Harvard Law School.

Susan has authored numerous other publications and presentations, including:

  • Speaker, Curiouser and Curiouser: When Privacy Law Isn't What You Expect (Sears, Quon, Stengart), Ass'n of Corporate Counsel, IT-Privacy-eCommerce Comm., Apr. 1, 2010
  • Speaker, Everybody is Your Friend: Legal Issues Concerning Use of Social Media, Isaacson Rosenbaum, Jan. 19, 2010
  • Legal & Ethical Issues Concerning Social Media, Colorado Bar Association Communications & Tech Law Section, Dec. 9, 2009
  • Nobody Reads Your Privacy Policy? International Association of Privacy Professionals Denver Knowledge Net Meeting, Dec. 7, 2009
  • The Latest in Sweepstakes & Contests Laws, Dec. 2009
  • Nobody Reads Your Privacy Policy or Online Contract? The Many Lessons Learned and Questions Raised by the FTC’s Action Against Sears, 8 Northwestern Journal of Technology and Intellectual Property No. 1 Fall 2009
  • Perfect Storm For Behavioral Advertising: How The Confluence Of Four Events In 2009 May Hasten Legislation (And What This Also Means For Companies Which Use Behavioral Advertising, Isaacson Rosenbaum P.C., Nov. 2009
  • Nobody Reads Your Privacy Notice? It’s Time for a New One!, Isaacson Rosenbaum P.C., Oct. 2009
  • The Details Are In Your Online Contract? Think Again!, Isaacson Rosenbaum P.C., Oct. 2009
  • Speaker, Are You About to be Red Flagged? HFMA Lone Star Chapter West Texas, Sept. 18, 2009
  • The Identity Theft “Red Flags Rule” in Healthcare, HFM Magazine, July 2009
  •  What You Need to Know About Identity Theft FAQs, Legal OnRamp, June 2009
  •  HHS and FTC Issue Guidance Regarding the Health Data Breach Notification Provisions and Invite Comment, Isaacson Rosenbaum P.C., May 2009
  • Your Obligations Under the Data Breach Notification Statutes, Isaacson Rosenbaum P.C., May 2009
  •  Understanding the Stimulus Package’s Far Reaching Changes to HIPAA’s Privacy Provisions, Isaacson Rosenbaum P.C., March 2009
  •  Identity Theft Red Flags Alert: You May Be Required to Comply!, Isaacson Rosenbaum P.C., February 2009
  •  Do's And Dont's For Your Website: Ten Considerations, Isaacson Rosenbaum P.C., Sept. 2008
  •  Promotions: Trips & Traps for the Unwary, Isaacson Rosenbaum P.C., September 2008
  • Speaker, Are Your Employees Blogging Away Your Trade Secrets?, Isaacson Rosenbaum P.C., Denver (Feb. 26, 2008)
  • Panelist, Sarbanes-Oxley , Colorado Bar Association Business Law Institute, Colorado Springs (Oct. 28, 2004)
  • Speaker, US Policy on the Internet: Privacy , University of Denver (April 28, 2003)
  • Book Review: Internet Law for the Business Lawyer , 31 COLORADO LAWYER 91-2 (July 2002)
  • Presenter, Current Issues in Drafting Electronic Transaction Agreements , Colorado Bar Association CLE, Denver (April 9, 2002)
  • Electronic Commerce, Network Security, and Encryption, LAW OF THE INTERNET IN COLORADO, National Business Institute, 2001
  • Intellectual Property Issues on the Internet: the Digital Millennium Copyright Act, LAW OF THE INTERNET IN COLORADO, National Business Institute, 2001
  • Defamation, Right of Publicity Law and Privacy of the Internet, LAW OF THE INTERNET IN COLORADO, National Business Institute, 2001
  • Speaker, DMCA Safe Harbors , Copyright Society of the USA , Denver (July 25, 2001)
  • Faculty Member, The Law of the Internet in Colorado , National Business Institute, Denver (May 8, 2001): taught Intellectual Property Issues on the Internet, Defamation, Right of Publicity Law and Privacy of the Internet, Electronic Commerce, Network Security, and Encryption
  • Speaker, Creating an Online Privacy Policy , Internet Chamber of Commerce, Denver (Oct. 14, 1998)
  • Panelist, Trademark Issues, E-Commerce: The Law of E-Business , CLE International, Denver (May 11-12, 2000)
  • Creating, Implementing, and Maintaining an Online Privacy Policy, BUSINESS BRIEFING: GLOBAL ELECTRONIC COMMERCE , 2000
  • Creating an Online Privacy Policy, PREVENTIVE LAW REPORTER, Winter 2000
  • Case Reports: Mouse-Trapping, Pagejacking and Jurisdiction Issues, WORLD INTERNET LAW REPORT , Dec. 1999 - Jan. 2000
  • Speaker, Ethics in Information Technology Practice , Copyright Society of the USA , Denver (Sept. 30, 1999)
  • Interview: Employee E-mail and Internet Use Raises Many Legal Issues , 14 BNA'S CORPORATE COUNSEL WEEKLY, No. 35, 7-8 (Sept. 15, 1999)
  • Creating and Implementing an Online Privacy Policy , 6 MULTIMEDIA & TECHNOLOGY LICENSING LAW REPORT, No. 3, 5 – 8 (August 1999)
  • Panelist, The Digital Millennium Copyright Act , Rocky Mountain Computer & Technology Forum, Denver (May 21, 1999)
  • Panelist, Ethics in Information Technology Practice , Technology and Law Forum Committee, Colorado Bar Association, Denver (Feb. 17, 1999)
  • Guide to E-mail and the Internet in the Workplace , The Bureau of National Affairs, Inc., 1999
  • Everyone Knows You're a Dog: The EU Data Protection Directive and Personal Data , 1 JOURNAL OF INTERNET LAW, No. 9, 14 - 22 (March 1998)
  • As the Cyber-World Turns: The European Union's Data Protection Directive and Trans-border Flows of Personal Data , INTERNET LEGAL PRACTICE NEWSLETTER (December 1997)
  • Lost and Found in Cyberspace: Informational Privacy in the Age of the Internet , 34 SAN DIEGO LAW REVIEW 1153 (1997)

Copyright 2009 Susan E. Gindin. All rights reserved.
Susan Gindin is admitted to practice in Colorado and New York.
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