L. Elise Dieterich

(202) 828-2432
Partner
(202) 828-2488 Fax
Elise.Dieterich@KutakRock.com

Ms. Dieterich, a partner in the Washington, D.C. office, has over twenty-five years of experience advising clients on a wide range of matters affected by government regulation, concentrating during the past fifteen years on telecommunications, privacy and data security matters. She also has extensive experience as a litigator and mediator. Ms. Dieterich is a Certified Information Privacy Professional (CIPP-US), credentialed by the International Association of Privacy Professionals.

Ms. Dieterich counsels corporate clients, vendors, Internet service providers and Web site operators on privacy and data security issues including online policies, marketing, data mining and behavioral advertising, cloud computing and other outsourcing contracts, and data breach prevention and management. She also assists clients with FOIA and Privacy Act requests, subpoena compliance, and responses to civil investigative demands.  Ms. Dieterich advises telecommunications clients regarding fiber optic deployment, regulation of telephone, Internet, cable and open video systems, Voice over Internet Protocol (VoIP) and programming issues. 

Ms. Dieterich has represented clients in matters involving numerous state public utility commissions and federal agencies including the FCC, FTC, Department of Commerce, Department of Justice, Department of Energy and EPA, and has litigated in courts across the country. She has particular experience advising start-up companies and new market entrants in regulated industries. Ms. Dieterich served as a legislative assistant to a member of Congress, and assists clients in legislative and rulemaking proceedings.

Ms. Dieterich also has experience advising industrial and utility clients on environmental and energy matters, including permitting, pole attachments, Broadband over Power Lines (BPL), facility siting, rights-of-way, renewable energy projects and environmental cleanups.

Before joining Kutak Rock LLP, Ms. Dieterich led the Telecommunications and Privacy and Data Security Practice Groups at Sullivan and Worcester, LLP. She is on the Editorial Board of the Corporate Counselor, and is a frequent writer and speaker on privacy topics. Ms. Dieterich has been named to the Washington, D.C. Super Lawyers® list.

  • Regulatory advisor to one of the nation’s largest facilities-based competitive providers of bundled cable, high-speed Internet and phone (triple play) services on matters including marketing, privacy, online policies, cable franchising, telephony, building access, pole attachments, programming and copyright.
  • Advisor to multinational, Fortune 500 company with regard to regulatory and legislative matters affecting emerging technology, and government contracts.
  • Advisor to various competitive local exchange carriers regarding intercarrier compensation, interconnection, co-location and resale.
  • Advisor to multiple Internet service providers and Web site operators regarding behavioral advertising and FTC consumer privacy rules, privacy policies, Web site terms of use, blog terms of use and customer terms and conditions.
  • General counsel to national health care IT trade association.
  • Served as outside counsel to start-up broadband infrastructure provider with multistate business plan that included public-private partnerships with local communities.
  • Represented a successful applicant to the Rural Utility Service for a $38 million broadband loan.

Publications:

  • The Corporate Counselor (author): Data Sharing in the Cloud: When Is the Attorney-Client Privilege at Risk? (July 2015); The FTC Act (August 2012); Digital Copiers Don’t Forget: Significant Data Security Risks to Companies (May 2012); Managing Privacy Risks Associated with Data Outsourcing (November 2010); Five Steps for Managing the Risks Associated With Sensitive Data (June 2010).
  • E-Commerce Times (quoted): RIM PlayBook Takes Security Body Blow (January 14, 2012); Creepy Ways Your Social Media Data Can Be Used (January 21, 2010).
  • VCExperts (author): What Needs To Be Disclosed About Data Privacy and Security in SEC Filings? (February 2011).
  • Hospital Compliance Watch (quoted): To Notify or Not to Notify? HITECH Rule Leaves Room for Confusion (August 20, 2010).
  • Hospitals & Health Networks (quoted): Data Mining is Vital as Meaningful Use Looms (February 2010).
  • Washington Internet Daily (quoted): Growing Concern About Google Street View Investigation Leaves Some Privacy Advocates Hopeful (November 2010); White House Effort to Allow Internet Tapping Could Create Vulnerabilities (September 2010).

Presentations:

  • IoT Innovation Unleashed: Business Opportunities and Regulatory Challenges, "Privacy and Security" (January 28, 2016).
  • Florida Privacy and Cybersecurity Law Symposium, "Communicating with Customers – the Intersection of Communications and Privacy Law: Navigating the TCPA and CAN-SPAM." Co-sponsored by the Federal Communications Bar Association Florida Chapter and the International Association of Privacy Professionals Jacksonville KnowledgeNet Chapter (May 14, 2015).
  • Workshop session of the 4th annual Higher Education Privacy Conference at George Washington University in Washington, D.C., "Sharing Data with Cloud Providers and Other Third Party Vendors" (May 12, 2015).
  • Commercial Law WebAdvisor Seminar, "Privacy and Data Security Best Practices—and Why They're Good for Business" (April 24, 2014).
  • Twenty-ninth Annual New England Business & Securities Law Conference, "Data Privacy and Security Considerations" (October 19, 2011).