Press Release

Privacy, Data Security, and Consumer Finance Attorney Kim Phan Rejoins Ballard Spahr

April 1, 2019

Kim Phan, an attorney noted for her work on privacy and data security issues for a variety of industries, including consumer financial services, has returned to Ballard Spahr as a partner, firm Chair Mark Stewart announced today. She will be based in the firm's Washington, D.C., office.

Ms. Phan previously practiced at Ballard Spahr for more than four years as of counsel. She will play an integral role as a partner in the firm's Privacy and Data Security Group, which helps clients across the country navigate the many laws designed to safeguard health, financial, and other private information. She will work closely with Ballard Spahr's nationally renowned Consumer Financial Services Group, employing her significant experience in finance law and her familiarity with e-commerce/mobile payments, data analytics, and other areas of Fintech.

"We're fortunate to have Kim back as we continue to expand our privacy and data security offerings to better meet the needs of our clients," said Mr. Stewart. "Her return significantly enhances our ability to serve our existing clients and others needing legal support in this fast-moving area of law and finance. We're thrilled that Kim has rejoined the firm."

Ms. Phan counsels clients on privacy and data security law in areas including the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, and other federal and state privacy and data security statutes and regulations. Her work in this area encompasses strategic planning and guidance for companies to incorporate privacy and data security considerations throughout product development, marketing, and implementation. She also assists companies with data breach prevention and response, including establishing effective data security programs prior to a breach and the assessment of breach response obligations following a breach.

"It's with great pleasure and excitement that we welcome Kim back. Her skill set and experience deepen our capabilities in a crucial practice, in a crucial location—Washington, an epicenter of privacy law," said Philip N. Yannella, Practice Leader of the firm's Privacy and Data Security Group. "In particular, Kim's handling of privacy-related due diligence matters will be highly prized by many of our clients, and she will be a valuable asset as part of our incident response team."

Ms. Phan also provides guidance to clients on regulatory compliance matters, including supervisory and enforcement interactions with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and other federal regulatory agencies. She has successfully represented national companies throughout the FTC investigatory process, resulting in "no-action" letters. She guided a national consumer reporting agency through its CFPB compliance obligations, including conducting risk assessments of consumer products and services, updating policies and procedures, and establishing an audit process to assess compliance with federal consumer financial laws.

"Kim's ability to help consumer finance clients handle cybersecurity and related regulatory issues is an indispensable service in this, the cyber-age," said Alan S. Kaplinsky, co-Practice Leader of the CFS Group. "Mobile, e-commerce, and Fintech are hot areas in this realm. Kim's in-depth knowledge of that landscape will yield immediate benefits for our clients."

Ms. Phan is an active speaker and writer on legal and business topics. She serves on the Board and is the immediate past president of the Vietnamese American Bar Association of the Greater Washington, D.C., area.

"Ballard Spahr is where I honed my skills as an attorney, and coming back just feels right," Ms. Phan said. "Recent major developments have made privacy a critical focus area across all industries, and my experience will allow me to help clients navigate these new legal obligations. I can't wait to get rolling."

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