People

Heather Zachary

Partner

Zachary, Heather
Heather Zachary is a partner in the firm’s Regulatory and Government Affairs Department, and a member of the Communications, Privacy, and Internet Law and Financial Institutions Practice Groups. Her practice focuses on communications regulation, counseling and advocacy on privacy and data security, and civil litigation at the appellate and trial levels.
 
Practice

Ms. Zachary counsels and advocates for clients on a wide range of privacy, consumer protection, and data-security issues. She assists clients in drafting and implementing online and internal privacy policies; complying with federal, state, and international laws regulating privacy and data security; responding to data breaches; preventing and responding to deceptive and unfair trade practices under the FTC Act and state analogues; crafting comprehensive information-security programs and policies; and configuring transactions and new product offerings to avoid privacy and data-security pitfalls.
 
Ms. Zachary’s practice also includes regulatory advocacy, litigation, and counseling for a wide variety of communications clients. She represents wireline telecommunications providers, wireless carriers, broadcasters, video providers, industry trade associations, and information service providers in FCC proceedings (including merger proceedings) and in appellate litigation.
 
Ms. Zachary also represents clients in litigation concerning a broad range of legal issues. Her cases have involved such matters as copyright infringement, trade dress infringement, tortious destruction of property, agency, breach of contract, and energy law. Ms. Zachary has prepared briefs in the US Supreme Court, state supreme courts, several federal courts of appeals, and a number of district courts.  

Honors & Awards

Publications & News

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July 29, 2014

Online Consumer Privacy: Airlines Under Scrutiny

An article written by Heather Zachary and Allison Trzop, published in The Air & Space Lawyer, Volume 27, Number 1, 2014 by the American Bar Association.

May 23, 2014

Chambers USA Ranks Top WilmerHale Lawyers and Practices in 2014 Edition

We are pleased to announce the names of the individuals and practice areas that are ranked in the 2014 edition of Chambers USA: America's Leading Lawyers for Business.

May 1, 2014

White House “Big Data” Report Calls for New Privacy, Data Breach Legislation, Renewed Attention to Discrimination

The White House this afternoon released a much anticipated report on “big data,” which represents the results of a 90-day review the President asked Counselor to the President John Podesta to conduct on his behalf.

June 11, 2013

Mobile Apps Drawing Increased Regulatory Scrutiny

A blog post by Heather Zachary, Jonathan G. Cedarbaum and Hasan Ali published in the WilmerHale FinTech Blog.

May 24, 2013

Chambers USA 2013 Final Results Announced

Chambers USA: America's Leading Lawyers for Business today announced its final rankings for the 2013 edition, in which 93 WilmerHale lawyers and 44 firm practice areas have been recognized as leading in their field.

April 25, 2013

SEC and CFTC Issue Identity Theft Red Flags Rules

On April 10, 2013, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly issued final rules and guidelines requiring certain SEC and CFTC-regulated entities that offer or maintain “covered accounts” to establish programs to address risks of identity theft.

February 4, 2013

FTC Issues Mobile Privacy Disclosures Report

January 24, 2013

HHS Issues Final Omnibus HIPAA Rule

On January 17, 2013, the Department of Health and Human Services issued long-awaited final regulations implementing the privacy, security, and breach-notification provisions of the HITECH Act and provisions of the Genetic Information Nondiscrimination Act (“GINA”).

January 24, 2013

FFIEC Issues Draft Guidance on Financial Institutions' Use of Social Media

December 27, 2012

New FTC Rules Tighten Regulation Under the Children's Online Privacy Protection Act

Recent Highlights

In recent representative matters, Ms. Zachary has:

  •  Advised clients on the requisite privacy and security protections for financial data under the Gramm-Leach-Bliley Act; Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act; federal regulations issued by the FTC, SEC, and federal functional regulators; and analogous state laws and regulations.
  • Played a key role in shaping the FCC’s comprehensive reform of universal service and intercarrier compensation, including by drafting single-party and joint industry comments in multiple rulemaking proceedings.
  • Helped clients navigate complicated international privacy issues, including EU data-protection law and data-transfer restrictions, as well as the divergent laws of individual countries both within and outside the EU.
  • Provided guidance to companies involved in data breaches.
  • Represented a video entrant that sought access to cable-affiliated, terrestrially delivered video programming. This multi-pronged effort included prosecuting a complaint at the FCC against a cable operator, filing comments in the FCC’s related rulemaking proceedings, and successfully defending on appeal favorable FCC rules that grant non-incumbents access to terrestrially delivered programming. Cablevision Sys. Corp. v. FCC, 659 F.3d 695 (D.C. Cir. 2011).
  • Assisted clients in their efforts to leverage and monetize “big data.”
  • Counseled clients on domestic and international privacy and security considerations when deploying new products and services.
  • Advised clients on privacy and data-security issues in a wide variety of transactions.
  • Assisted financial institutions, communications providers, defense contractors, technology companies, investment advisors, equipment manufacturers, and numerous other clients in revising and implementing online and internal privacy policies.
  • Assisted a communications provider with the development of a comprehensive manual addressing state and federal rules concerning cooperation with surveillance efforts and compliance with private subpoenas.
  • Represented a communications provider in FCC rulemakings concerning net neutrality, the National Broadband Plan, and the reclassification of broadband as a Title II telecommunications service.
  • Drafted a comprehensive information security program and a set of more than thirty information-security policies for a major consumer-research company.
  • Counseled clients concerning their compliance with identity-theft and debt-collection laws.
  • Represented two Bell operating companies in separate merger-review proceedings at the FCC.
  • Provided regulatory and public policy advice to a national wireless carrier concerning a multi-billion-dollar auction of cellular spectrum.
  • Represented a national wireless carrier in the FCC’s “bill shock” proceeding concerning unexpected overages on consumers’ monthly voice, data, and messaging bills.
  • Represented a communications provider and a trade association in the FCC’s “AllVid” proceedings concerning competition in the marketplace for video set-top boxes.
  • Helped secure an appellate victory on behalf of a natural gas producer who argued that FERC’s decision to approve a pipeline capacity lease violated the Administrative Procedure Act. Apache Corp. v. FERC, 627 F.3d 1220 (D.C. Cir. 2010).
  • Helped secure an appellate victory for the Air Transport Association of America in a case concerning New York’s “Passenger Bill of Rights.” Reversing the district court, the Second Circuit held that federal law preempts a New York statute that required airlines experiencing extended ground delays to provide certain amenities to passengers. Air Transport Ass’n of America, Inc. v. Cuomo, 520 F.3d 218 (2d Cir. 2008).
  • Helped secure victories in two district court proceedings on behalf of a power equipment manufacturer against parties using similar trade dress. The first proceeding resulted in a jury verdict recognizing the validity of the manufacturer’s trade dress and finding that the trade dress had been infringed. The second proceeding resulted in a settlement negotiated after a favorable summary judgment ruling. 

Professional Activities

Ms. Zachary is a member of the District of Columbia Bar, Oregon State Bar, United States Supreme Court Bar, Federal Communications Bar Association and American Bar Association.

Ms. Zachary co-authored an article discussing the issues faced by communications providers after 9/11, including assistance with surveillance efforts, provision of customer records to law enforcement, export controls, critical infrastructure requirements, and review of transactions involving foreign investors. Navigating Communications Regulation in the Wake of 9/11, 57 Federal Communications Law Journal 351 (2005) (co-authored with Jamie S. Gorelick and John H. Harwood II).

Practices

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Education

JD, Yale Law School, 2001, Chair of Articles Committee, Yale Law Journal; Thurman Arnold Prize for Best Oral Advocate, Yale Law School Moot Court competition

BA, University of Southern California, 1998, Phi Beta Kappa; Valedictorian

Bar Admissions

District of Columbia

Oregon

United States Supreme Court

Clerkships

The Hon. Susan Graber, US Court of Appeals for the Ninth Circuit