Emily R. Fedeles

Associate

New York
T +1.212.589.4202
F +1.212.589.4201

Overview

Emily Fedeles maintains a general litigation practice with a focus on the areas of electronic discovery, privacy and data protection, and complex commercial litigation. Prior to joining BakerHostetler, she worked in the Tampa, Florida, and Geneva, Switzerland, offices of a U.S.-based law firm, where she developed a wealth of experience relating to litigation, cross-border e-discovery, and data privacy and security considerations. Emily's knowledge and background allows her to understand, adapt to, and apply laws to better serve her clients in contexts ranging from litigation to regulatory inquiries to cross-border transactions.

Select Experience

  • Works directly with in-house counsel, internal stakeholders and third-party technologists to preserve evidence and manage discovery in data breaches and security incidents, as well as in subsequent class actions and regulatory investigations. 
  • Counsels organizations on how to comply with international data transfer restrictions and data localization requirements, including through the utilization of cross-border transfer mechanisms such as the EU-U.S. Privacy Shield framework, standard contractual clauses and binding corporate rules.
  • Drafts and negotiates multiparty contracts in complex technology transactions.
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Experience

  • Works directly with in-house counsel, internal stakeholders and third-party technologists to preserve evidence and manage discovery in data breaches and security incidents, as well as in subsequent class actions and regulatory investigations. 
  • Counsels organizations on how to comply with international data transfer restrictions and data localization requirements, including through the utilization of cross-border transfer mechanisms such as the EU-U.S. Privacy Shield framework, standard contractual clauses and binding corporate rules.
  • Drafts and negotiates multiparty contracts in complex technology transactions.
  • Provides guidance regarding the creation, development and implementation of global privacy and security policies, standards, procedures and guidelines.
  • Develops legal hold policies, procedures and related materials. 
  • Advises clients on information governance practices and the development of records retention, maintenance and destruction policies and procedures.
  • Represented a national product manufacturer in high-stakes, complex litigation trials in state and federal courts in Florida. Involved in various phases of trial preparation, including fact gathering, discovery, document production, motion practice and development of trial strategy. A member of four trial teams, two of which earned complete defense verdicts. 
  • Lead associate for international counsel in the representation of a global product manufacturer in class actions, reimbursement lawsuits, consumer protection claims, and individual product liability claims in Europe, West Africa and the Middle East. 
  • As lead associate for international counsel, assisted in the representation of a multinational product manufacturer in a cross-border acquisition. Advised on the collection, use, processing and security of personally identifiable and sensitive information, and counseled on the use of data transfer mechanisms, including standard contractual clauses (model contracts) and binding corporate rules.
  • Advised a global financial services company on corporate data retention policies and procedures with regard to U.S. and international laws. 
  • As lead associate for international counsel, advised clients on litigation prevention strategies and legislative projects that impact or alter civil liability risks in Europe, Africa and Asia-Pacific. Such projects included proposed legislation on class actions, punitive damages and pretrial discovery.
  • Involved in representing Irving H. Picard, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler's role as court-appointed counsel.

Recognitions and Memberships

Memberships

  • International Association of Privacy Professionals
    • Certified Information Privacy Professional – Europe (CIPP/E)
  • The Sedona Conference
    • Working Group 1: Electronic Document Retention and Production
    • Working Group 6: International Electronic Information Management, Discovery and Disclosure
    • Working Group 11: Data Security and Privacy Liability

News

News

Press Releases

Prior Positions

  • Shook, Hardy & Bacon: Associate
    • Geneva, Switzerland (2013 to 2015)
    • Tampa, Florida (2011 to 2013)
  • ATL Spirit, LLC: Legal Intern (2010)

Admissions

  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida
  • District of Columbia

Education

  • J.D., Emory University School of Law, 2011, With Honors, Order of the Barristers
  • B.A., History and Economics, Emory University, 2008

Languages

  • Spanish

Blog

In The Blogs

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Discovery Advocate
What Controls: The Location of the Data or the Location of the Searches for the Data?
By Emily R. Fedeles, Jennifer A. Mills, Nichole L. Sterling
March 1, 2018
The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the...
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Data Privacy Monitor
European Court Provides Further Clarity on Employee Monitoring
By Emily R. Fedeles, Nichole L. Sterling
September 20, 2017
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Barbulescu...
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Data Privacy Monitor
Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions
By Emily R. Fedeles, Melinda L. McLellan
September 12, 2017
On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of...
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Data Privacy Monitor
Deeper Dive: Security Incident Notification Under the New EU General Data Protection Regulation (GDPR)
By Emily R. Fedeles, Melinda L. McLellan, James A. Sherer
May 5, 2017
As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than 20 years...
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Data Privacy Monitor
Australia’s New Breach Notification Law Set to Take Effect February 2018
By Emily R. Fedeles, Melinda L. McLellan
March 7, 2017
On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data Breaches) Act...
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