Ewart-Nicole

Nicole Ewart

Nicole Ewart focuses her practice on complex investigations and regulatory matters, with a particular focus on cybersecurity, privacy and communications issues. Her experience includes advising clients on a broad range of state, federal, and international data privacy and security laws and regulations as well as representing clients in regulatory investigations stemming from their privacy and data security practices. She has counseled clients on Gramm-Leach-Bliley Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act compliance; state laws such as the California Online Privacy Protection Act and Massachusetts Data Security Regulation; and international laws ranging from the EU Data Protection Directive and General Data Protection Regulation to the South Korean Personal Information Protection Act and Japanese Act on Protection of Personal Information. She also often advises clients on mobile phone application and website privacy policy requirements.

Prior to joining the firm, Ms. Ewart was a law clerk to the Honorable Christopher C. Conner of the United States District Court for the Middle District of Pennsylvania. During law school, she also served as a judicial extern to the Honorable James Bradberry of the United States District Court for the Eastern District of Virginia and was a graduate research fellow at the William & Mary School of Law. 

Blog

Ms. Ewart is a frequent contributor to WilmerHale's Privacy and Cybersecurity Law Blog, which addresses cybersecurity, privacy and communications developments around the world.

Experience

Representative Matters

  • Represented a fitness tracking mobile application maker in FTC investigation into its privacy and data security practices.
  • Drafted comments responding to FTC notices of proposed rule-making and consumer protection issues.
  • Conducted privacy and data security reviews of new mobile location tracking and threat awareness application.
  • Reviewed text messaging campaigns for Telephone Consumer Protection Act (TCPA) compliance.
  • Analyzed applicability of Fair Credit Reporting Act (FCRA) to new auto insurance-related product.
  • Advised banks and financial institutions on Gramm Leach Bliley Act financial privacy and E-Sign requirements.
  • Counseled investment firm on federal and state monitoring requirements and privacy issues triggered by the firm's risk management tool.
  • Conducted data privacy and data security due diligence for acquisitions and initial public offerings.
  • Drafted privacy policies for early-stage start-up companies.  
  • Counseled companies on information security programs and incident response policies and procedures.
  • Assisted clients in data breach investigation, response, and notification efforts. 
  • Advised companies, including a major hotel chain and a mobile application company, on international data transfer requirements for multiple jurisdictions.
  • Drafted data processing agreements and contractual terms to comply with the EU General Data Protection Regulation (GDPR).
  • Assisted a major device manufacturer in developing a global privacy program covering data protection laws in 119 countries.

Insights & News

Credentials

  • Education

    • JD, William and Mary School of Law, 2010

      Order of the Coif, Senior Staff, William & Mary Law Review, Managing Editor, William & Mary Business Law Review
    • BA, Political Science, The University of Arizona, 2005

      summa cum laude and honors
  • Admissions

    • District of Columbia

    • California

    • Arizona

  • Clerkships

    • The Hon. Christopher C. Conner, US District Court for the Middle District of Pennsylvania, 2010 - 2012

Credentials