att name

Elizabeth E. McGinn

Partner

  • p. DC: 202.349.7968
  • New York: 212.600.2370
  • f. DC: 202.349.8000 | New York: 212.600.2405
  • emcginn@buckleysandler.com

Biography

Elizabeth McGinn, a partner at BuckleySandler LLP, represents financial institutions in investigations, examinations and litigation initiated by the Consumer Financial Protection Bureau, the New York Department of Financial Services, the Department of Justice, the Department of Housing and Urban Development, the Federal Trade Commission, state attorneys general and the bank regulatory agencies. She has represented financial institutions in class action litigation concerning federal and state fair lending laws, mortgage fraud, unfair and deceptive trade practices statutes, consumer fraud statutes and consumer privacy laws.

Ms. McGinn assists clients in identifying, evaluating and managing risks associated with privacy and information security practices of companies and third parties. Ms. McGinn advises clients on the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act/Fair and Accurate Credit Transactions Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the Health Insurance Portability and Accountability Act, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, security breach notification laws and other U.S. state and federal privacy requirements. She develops policies and procedures, records retention schedules and training materials. Her practice includes helping various professional sports teams comply with consumer financing laws and payments system issues.

In addition to her consumer financial services work, Ms. McGinn has represented clients in matters involving simultaneous criminal, civil administrative and congressional proceedings. She has defended clients in matters relating to money laundering compliance issues and investigations and litigation by the U.S. Attorney’s Office for the Southern District of New York, the Manhattan District Attorney’s Office, the Department of Treasury, the Securities and Exchange Commission and various congressional committees, including the U.S. Committee on Homeland Security and Government Affairs Permanent Subcommittee on Investigations, the U.S. House Financial Services and the U.S. House Committee on Oversight and Government Reform.

Ms. McGinn has published and spoken on a variety of topics, including privacy, electronic discovery, vendor management, and consumer financial services litigation. She has been recognized with the firm's Privacy, Cyber Risk, and Data Security practice group in Legal 500 (2013-2016), which describes her as an attorney who "'exceeds expectations on response and turnaround times,' has 'strong industry knowledge in data security and privacy,' and is 'able to walk the fine line between operational efficiency and regulatory compliance' when developing IT policies.'"

Following law school, Ms. McGinn clerked for Federal Magistrate Judge P. Trevor Sharp of the United States District Court for the Middle District of North Carolina. Ms. McGinn received her J.D. from The American University, Washington College of Law in 2000 (cum laude) and received the Mooers Trial Practice Award. She was the Senior Articles Editor for the International Law Review and a Marshall-Brennan Fellow. Ms. McGinn received a B.S. from St. Lawrence University.

Significant Representations

Publications

Validating the Validation Set
Legal Tech News, October 1, 2016

Guarding Against Privilege Waiver in Federal Investigations
Law360, September 20, 2016

Mortgage Industry Struggles to Avoid Vendor Management Land Mines
Bloomberg BNA, July 11, 2016

Consumer Financial Services Answer Book 2016

Practising Law Institute, October 2015

Regulators Turn Up Heat on Vendor Management
Scotsman Guide Residential Edition, August 3, 2015

Mortgage Industry Continues to Bear Brunt of CFPB Regulatory Burdens
Mortgage News Daily, June 12, 2015

Treading Beyond the Iota of Fear: eDiscovery of the Internet of Things
BNA's Electronic Commerce and Law Report, April 15, 2015

Regulatory Blue Pencil: CFPB Guidance, Enforcement Actions Signal Expanding Focus on Vendor Management
BNA's Banking Report, April 7, 2015

Comment: California Judge's Ruling in Adobe Case Resonates Across US Data-Security
MLex, October 13, 2014

The Board of Directors and Cybersecurity: Setting Up the Right Structure
BNA's Banking Report, August 26, 2014

Trust and Transparency in the Era of 'Bring Your Own Device'
Westlaw Journal Computer & Internet, April 10, 2014

Bitcoin, Banks & Billions: Regulatory and Compliance Implications of Bitcoin-Based Consumer Banking
BNA's Banking Report, November 19, 2013

Privacy and Data Security: The Role of the US Regulators
E-Finance & Payments Law & Policy, May 1, 2013

Dodd-Frank Anti-Retaliation Provision May Lead to More Lawsuits That Raise Compliance Issues
BNA's Corpoate Counsel Weekly, February 20, 2013

Ethical Issues in the Digital Age: Navigating E-Discovery Challenges
American Bar Association Consumer Litigation Fall Newsletter, November 1, 2012

Fair Lending Class Actions Following Wal-Mart v. Dukes
Bloomberg Law Reports: Banking & Finance, November 30, 2011

New Ethical Issues and Challenges in E-Discovery
New York Law Journal, October 3, 2011

Credit Information Furnishers' Duty to Investigate Under FCRA
Bloomberg Law Reports, August 30, 2011

Heightened Standards: What Wal-Mart v. Dukes Means for Future Class-Action and Consumer Finance Litigation
Westlaw Journal: Class Action, August 25, 2011

From Pickpockets to Playstations: Evolving Data Privacy Threats and Federal and State Responses
Bloomberg Law Reports, July 11, 2011

Lower Class-Certification Standards as Discrimination Suit Moves Forward
American Bar Association, February 1, 2011

Re-Victimizing the Victim
Stanford Law and Policy Review, July 16, 2004

Financial Institutions and Privacy
Consumer Financial Services, 2001

Speaking Engagements & Events

Awards & Recognition

  • Recognized in Legal 500: Technology - Data Protection and Privacy (2013-2016)