Nancy Perkins focuses her practice on litigation, regulatory compliance, and consulting on emerging policy issues, with a principal focus on data privacy and security. Ms. Perkins regularly advises clients on compliance with a wide range of data protection requirements at the federal and state levels, including rules applicable to online communications and transactions as well as all types of uses and disclosures of medical, financial, and other sensitive personal information. She assists clients in structuring their activities, online service offerings, and privacy policies to comply with applicable laws and best practices, taking into account technological and intellectual property issues associated with the expansion of electronic commerce and Internet activities. Among other laws, Ms. Perkins frequently provides counsel on the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health Act, the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act), the federal E-Sign Act, the Children's Online Privacy Protection Act, and the Video Privacy Protection Act, as well as state privacy, security, data breach notification, and electronic signature laws.

She also has a deep background in international law and advises clients on the cross-border transfers of personal data, including under the EU Data Protection Directive and the Canadian Personal Information Protection and Electronic Documents Act, as well as broader issues arising under the rapidly developing framework for global legal protection of personal information.

Ms. Perkins served as a law clerk to the Honorable 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. She is a member of the American Law Institute and serves on the Executive Council of the American Society of International Law and the Steering Committee of the International Law Section of the District of Columbia Bar.

Experience

Published Decisions in Consumer Class Actions

  • Parks v. MBNA America Bank, N.A., 54 Cal. 4th 376 (2012); State of California ex rel. McCann v. Bank of America, N.A., 191 Cal. App. 4th 897 (2011); In re Checking Account Overdraft Litigation, 626 F. Supp. 2d 1333 (J.P.M.L. 2009), 694 F. Supp. 2d 1302 (S.D. Fla. 2010), 275 F.R.D. 654 (S.D. Fla. 2011), and 2011 WL 5873389 (S.D. Fla. 2011); Larin v. Bank of America, N.A., 725 F. Supp. 2d 1212 (S.D. Cal. 2010); Rose v. Chase Bank USA, N.A., 513 F. 3d 1032 (9th Cir. 2008), aff'g 396 F. Supp. 2d 1116 (C.D. Cal. 2005); Pacific Capital Bank, N.A. v. Connecticut, 542 F.3d 341 (2d Cir. 2008) (amicus); Augustine v. FIA Card Services, N.A., 485 F. Supp. 2d 1172 (E.D. Cal. 2007); Watters v. Wachovia Bank, N.A., 127 S. Ct. 1559 (2007) (amicus); Miller v. Bank of America, NA & SA, 46 Cal. 4th 630 (2009) (amicus), aff'g, 51 Cal. Rptr. 3d 223 (2006) (amicus); Cuomo v. Clearing House Ass' n. L.L.C., 129 S. Ct. 2710 (2009) (amicus), aff'g in part, 510 F.3d 105 (2d Cir. 2007) (amicus ), aff'g in part, 394 F. Supp. 2d 620 (S.D.N.Y. 2005) (amicus); Am. Fin. Services Ass'n v. City of Oakland, 34 Cal. 4th 1239 (2005) (amicus); Bank of America v. City of Daly City, 279 F. Supp. 2d 1118 (N.D. Cal. 2003) (amicus), subsequently vacated by stipulation; Bank One Delaware, N.A. v. Wilens, 2003 WL 21703627 (C.D. Cal. 2003) and 2003 WL 21703629 (C.D. Cal. 2003); Gilchrist v. State Farm et al.,390 F.3d 1327 (11th Cir. 2004); State Farm Bank v. Burke, State Farm Bank v. Reardon, and State Farm Bank v. District of Columbia.

Recognition

Chambers USA 2009-2016
America's Leading Lawyers for Business for Privacy & Data Security (Nationwide)
Chambers Global 2010-2016
The World's Leading Lawyers for Business for Privacy & Data Security (USA)
International Human Rights Law Group

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

Credentials

Education
  • JD, Harvard Law School, 1987
  • MPP, Harvard University, John F. Kennedy School of Government, 1987
  • AB, Harvard College, 1979
Admissions
  • District of Columbia
  • Supreme Court of the United States
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court for the District of Columbia
Clerkships
  • U.S. District Court, New York E.D., The Honorable Eugene H. Nickerson
Activities
  • Treasurer and Executive Council Member, American Society of International Law (ASIL)

  • Editorial Advisory Committee Member, International Legal Materials, an ASIL publication

  • Member, American Law Institute

  • Co-Chair, International Law Section of the DC Bar

Overview

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