Sue Ross joined the firm's New York office as senior counsel in 2007. Sue's extensive experience with technology and technology contracts includes negotiating, drafting, and interpreting computer hardware and software, consulting, Internet, electronic signatures, web hosting, application service providers and non-disclosure agreements, many of which were for a federal government contractor.
Another area Sue handles is U.S. privacy matters, including security breach laws, Gramm-Leach-Bliley and HIPAA. She is experienced counseling clients on advertising and contests and sweepstakes matters.
Technology:
- Negotiated multi-million dollar IT outsourcing renewal agreement
- Worked on more than 10,000 technology-related vendor contracts (software, IT consulting, ASP, outsourcing, hosting, etc.)
- Advised on IT policies and standards and implementation processes for new technologies and eDiscovery requirements
- Drafted web site terms and conditions
- Prepared policies for blogging and other social media
Licensing:
- Responsible for negotiating multi-million dollar savings on software license agreement
- Drafted multi-million dollar amendment to license agreement for global use of cartoon characters
- Created form license agreements
- Negotiated cross-licensing agreement relating to part of $34 million preferred stock deal
Privacy:
- Advised clients on security breach law issues and compliance, including working with investigators
- Prepared web site privacy policies, including COPPA
- Advised on Gramm-Leach-Bliley and HIPAA privacy and security matters
- Advised on FACT Act credit card number truncation issues and payment card industry (PCI) matters
- Advised on Do-Not-Call and CAN-SPAM matters, and taping and silent monitoring of telephone calls
- Assisted with US/EU Safe Harbor procedures and applications
M & A and Due Diligence:
- Responsible for Transition Services Agreement and IT due diligence in multi-million dollar sale of line of business
- Solely responsible for TSA and IT due diligence in sale of subsidiary
- Assisted in drafting and negotiating transition services agreement as part of $11.5 billion acquisition from a global financial services company
- Assisted in drafting and negotiating transition services agreement, manufacturing agreement, and tolling agreement as part of $2.2 billion energy company acquisition and divestiture
- Analyzed open source software licenses and impact on $8.5 million M & A deal
- Prepared domain name transfer agreement, assisted in drafting and negotiating transition services agreement, and reviewed e-commerce and technology agreements in $22.3 million asset acquisition deal by G-III Apparel Group, Ltd. in July 2008
- Law Review, Administrative Editor
- Pro bono work for The Caring Neighbor, Standup Harlem, Junior U, and The Caring Community, Meet the Composer and advised participants in 2008 and 2010 Youth About Business competitions
- ABA - Antitrust, Business Law, Intellectual Property Law, and Science and Technology Sections (including E-Privacy Law and Open Source Software Licensing Committees)
- Intellectual Property Owners Association - Open Source Committee
- New York State Bar Association - Antitrust Committee
- New York City Bar Association - Information Technology Committee (Chair, 2010 - 2013)
- ITechLaw
- International Association of Privacy Professionals
- Elected as a Fellow of the American Bar Foundation (2011)
- Named Super Lawyer 2011 and 2012 (New York - Metro) in Information Technology/Outsourcing
- "As Clear and as Manifest as the Nose in a Man's Face," Fulbright Brand Protection Blog, May 9, 2013
- Co-author, "Final Approach: FTC Issues COPPA Guidelines," Fulbright Briefing, May 6, 2013
- "Viacom v. YouTube," Fulbright Social Media Law Blog, April 22, 2013
- "Hot Topic: Online Piracy - The U.S.," E-Commerce Law and Policy, Vol.. 15, No. 3, March 2013
- Co-author, "Unintended Consequences of Bring Your Own Device," Law Technology News, March 7, 2013
- Co-author, "Article III Standing in FISA Constitutionality/Privacy Lawsuit," Fulbright Briefing, March 1, 2013
- Co-author, "Mobile Apps, Children, and an $800,000 Settlement," Fulbright Brand Protection Blog, February 22, 2013
- Co-author, "Mobile Apps and Children's Privacy Continue to be Top FTC Priorities: New Rules, More Enforcement, and Broader Application," Fulbright Briefing, February 19, 2013
- Co-author, "FTC Recommendations for Mobile App Privacy Disclosures," Fulbright Briefing, February 8, 2013
- "Big Score for NFL Brand Owners: U.S. Seizes Fake NFL Merchandise and Websites Before Super Bowl," Fulbright Brand Protection Blog, February 1, 2013
- "Amending Social Media Site User Agreements," Fulbright Social Media Law Blog, January 29, 2013
- Co-author, "HHS Releases Long-Awaited HIPAA Omnibus Regulations," Fulbright Briefing, January 22, 2013
- "The FTC's New COPPA Requirements, Advertising, and Strict Liability," Fulbright Brand Protection Blog, January 18, 2013
- Co-author, "HHS Settles Breach of 441 Patients' Data for $50,000 + Corrective Actions," Fulbright Alert, January 3, 2013
- "Twitter Follower Case Settled," Fulbright Social Media Law Blog, December 11, 2012
- "Facebook Information: Privacy v. Discovery," Fulbright Social Media Law Blog, December 3, 2012
- "Cyber Monday is a 'Banner' Day for 132 Sites Selling Counterfeit Goods," Fulbright Brand Protection Blog, November 27, 2012
- "Branding and 'Cause' Marketing," Fulbright Brand Protection Blog, November 15, 2012
- "It's Not Easy Being Green: FTC Cautions Marketers About 'Eco-Friendly' Brand Claims," Fulbright Brand Protection Blog, October 18, 2012
- "Permission of Federal Dilution Claims Against Validly Registered Federal Trademarks in the Works - Update," Fulbright Brand Protection Blog, October 16, 2012
- Co-author, "More Required Information on Subcontractor Wages and Hours Proposed for DHS Contractors," Fulbright Briefing, September 27, 2012
- "Advertising Websites, and Children's Privacy," Fulbright Brand Protection Blog, September 21, 2012
- "Update: Copyright, Right of Publicity and Marilyn Monroe," Fulbright Brand Protection Blog, September 12, 2012
- "Copyright - Customs & Border Protection - Lego v. Best-Lock," Fulbright Brand Protection Blog, September 6, 2012
- "Branding, Promotions, and Tax Savings," Fulbright Brand Protection Blog, August 27, 2012
- "Addressing Rogue Websites," Fulbright Brand Protection Blog, August 21, 2012
- Co-author, "FTC Speaks Through Spokeo: When Privacy Meets FCRA: Web and Social Media Data Collection in the Crosshairs," Fulbright Briefing, July 25, 2012 (republished in IAPP Privacy Advisor, Oct. 2012, Vol. 12, No. 8)
- Co-author, "Cloud Guidance Rains Down in July," Fulbright Briefing, July 24, 2012
- Co-author, "Case Study: US v Spokeo," Law360, July 11, 2012
- Co-author, "Eight 'Misconceptions' in Acquisition Process Discussed by Office of Federal Procurement Policy," Fulbright Alert, May 8, 2012
- Co-author, "Copyright Office Proposes New Fee Schedule," Fulbright Briefing, April 3, 2012
- "Casting a Wide Net: How the US is Caught by EU Reform," Data Protection Law & Policy, Vol. 9, No. 1, January 2012
- Co-author, "Fraud Exception to "Government Contact Rule" for Personal Jurisdiction in the District of Columbia," Fulbright Briefing, February 2, 2012
- Privacy, "United States v. Jones," E-Commerce Law Reports, [2012] ECLR 1-24, Vol. 11, No. 6, January 2012
- Contributing author to Cloud Security Alliance, "Security Guidelines for Critical Areas of Focus in Cloud Computing," version 3, Domain 3 "Legal Issues: Contracts and Electronic Discovery," November 2011
- "The FTC's View on Privacy," E-Commerce Law & Policy, Vol. 13, No. 10, October 2011
- Co-author, "Think the FTC's Proposed Changes to the Children's Online Privacy Rule Don't Affect Your Company? Think Again!," Fulbright Briefing, October 11, 2011
- Co-author, "Pharma Company Prevails Again in Appeal of Antitrust Challenge by FTC and Minnesota," Fulbright Briefing, August 23, 2011
- Co-author, "Sorrell v. IMS Health Inc.: The Decision and What It Says About Patient Privacy," Fulbright Briefing, June 30, 2011
- Co-author, "Supreme Court's Decision Upholding Government Background Checks Provides Important Guidance for All Employers," Fulbright Briefing, February 28, 2011
- Co-author, "New Law Modifies Federal Trade Commission's Red Flags Rule," Fulbright Briefing, January 20, 2011
- Co-author, "Privacy – A Way Forward: Reconciling The FTC and Commerce Reports," Fulbright Briefing, January 3, 2011
- Co-author, "First Circuit Upholds $48 Million-plus Disgorgement of Gross Revenues in Deceptive Advertising Case," Fulbright Briefing, November 4, 2010
- Co-author, "Drug Maker Prevails In Latest Antitrust Challenge by FTC," Fulbright Briefing, October 7, 2010
- The Fulbright TIP (Think IP) - A Newsletter of the New York Intellectual Property Team of Fulbright & Jaworski L.L.P., Vol. 3, No. 1, Summer 2010
- Co-author, "Hallmarks of Open Source Compliance Issues and Options If License Provisions Are Not Acceptable," AIPLA Annual Meeting, May 2010
- "Federal Security Breach Notification Requirements Become Effective in Late September," Fulbright Briefing, September 15, 2009
- "Counterfeit – Louis Vuitton Malletier, S.A. v Akanoc Solutions, Inc.," E-Commerce Law Reports, August 2009
- "Trademarks: The American Automobile Association, Inc. v. Darba Enterprises, Inc.," E-Commerce Law Reports, Vol. 9, No. 2, [2009] ECLR 1-24
- "Advertising: Use of Trademarks in Keyword Advertising," E-Commerce Law & Policy, Vol. 11, No. 5, May 2009
- "Copyright - Parker v. Yahoo! Inc.," E-Commerce Law Reports, Vol. 8, No. 6, 2008
- "Copyrights, Contracts, and Confusion: 'Open Source' Software Licenses and Jacobsen v. Katzer," Bright Ideas, NYSBA, Vol. 17, No. 3, Winter 2008
- "Privacy - United States of America v. Robert Ellsworth Crist, III," E-Commerce Law Reports, December 2008
- "Open Source: GPL Lawsuit Highlights Risks to Manufacturers Incorporating Software into Their Products," Fulbright Briefing, December 18, 2008
- "FTC Proposes Merger Approval Conditioned on Royalty-Free Patent License to All Competitors," Fulbright Briefing, July 15, 2008
- "Open Source/GPL Lawsuit Settled," Fulbright Briefing, March 20, 2008
- "Sarbanes-Oxley And Open Source: Good News, Bad News And To-Do's," LJN's E-Commerce Law & Strategy Newsletter, February 2008
- "Think IP," Fulbright/TIP Newsletter - Fulbright & Jaworski L.L.P. NY Intellectual Property Newsletter, Summer 2010, Summer 2009, November 2008, June 2008, March 2008, December 2007
- Legal Bits & Bytes newsletter, 1990 - 2006
- "Corporate Speech on Political Issues: The First Amendment in Conflict with Democratic Ideals?" University of Illinois Law Review 445, 1985
- Co-Moderator, "Sockpuppets, Astroturf, and Flogs: Deceptive New Media Practices," New York City Bar Panel, April 30, 2013
- Co-Presenter with Denise Glass (Moderator), Mark Faccenda, and Dayna Nicholson, "HIPAA Omnibus Regulations: They're Here (Finally) . . . Now What?" Fulbright & Jaworski L.L.P. web seminar, January 25, 2013
- Co-Presenter with Aparna Dave (Wells Fargo Bank) and Teri Danish, "Don't 'Like' Social Media? Why Your Company May Not Have a Choice Anymore," Fulbright & Jaworski L.L.P. seminar, December 4, 2012
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Co-Presenter with Jamie Hine, Shauna Johnson Clark, and Erika Brown Lee, "FTC Speaks Through Spokeo:
When Privacy Meets FCRA--Web and Social Media Data Collection in the Crosshairs," Fulbright & Jaworski L.L.P. web seminar, September 6, 2012 - Moderator, "Once is Not Enough: The Many Forms in Which Health Care Advertising Challenges Arise," ABA Section of Antitrust Law Committee Program, February 22, 2012
- Co-presenter with Ron Segal, Robert Field and John Stroili, technology operations panel, "Going Places, Going Strong: Our Global Pursuit of Success," Dress for Success 2011 Conference, June 27, 2011
- Co-presenter with Pamela Jones Harbour, David Kessler and Erika Brown Lee, "Privacy and Data Security Update May 2011," American Bar Association Section of Antitrust Law teleconference, June 9, 2011
- Co-presenter with Marshall Mendez and Shafeeqa Giarratani, "Happy New Year and Surprise! Federal Contractor Status and Obligations," Fulbright & Jaworski L.L.P. web seminar, October 26, 2010
- Co-presenter with Katherine Armstrong, Erika Brown Lee and Shane Sims, "Emerging Trends in Consumer Privacy: Detection, Regulation and Enforcement," Fulbright & Jaworski L.L.P. web seminar, October 19, 2010
- Co-presenter with Robert Corrigan and Lawrence Clore, "Social Media: Legal Issues and Trends," Fulbright & Jaworski L.L.P. web seminar, June 23, 2010
- Co-presenter with Shafeeqa Watkins Giarratani, Matthew H. Kirtland and Marshall Mendez, "Happy New Year and Surprise! Federal Contractor Status and Obligations," Fulbright & Jaworski web seminar, October, 26, 2010
- Co-presenter with Erika Brown Lee, Pamela Jones Harbour and Shane Sims, "Emerging Trends in Consumer Privacy: Detection, Regulation, and Enforcement," Fulbright & Jaworski L.L.P. web seminar, October 19, 2010
- Co-presenter with Robert Corrigan, "What Senior Management Must Know about Social Media in Health Care," Texas Hospital Association web seminar, April 1, 2010
- "Ultra Light Start-Ups Legal Roundtable Discussion," Fulbright & Jaworski L.L.P. New York Office, May 19, 2009
- Co-presenter with Laurie A. Weiss and Keith M. Angle, "Where the Wild Things Are: Meeting the Legal Challenges of Beastly New Technologies," Fulbright & Jaworski L.L.P. web seminar, April 21, 2009
- Co-presenter with Joseph Daniels and Jennifer Morgan, "Ultra Light Start-Ups Legal Roundtable Discussion," as part of NYC Entrepreneur Week, April 21, 2009
- Moderator, "Life After GPLv3: New Developments in Open Source Software Licensing," ABA Annual Meeting, August 8, 2008
- "The Bourne Identity: Data Privacy and International eDisclosure," Fulbright & Jaworski L.L.P. web seminar, May 15, 2008
- "When IP Worlds Collide: GNU GPL v.3," Fulbright & Jaworski L.L.P. in-house web seminar, October 10, 2007
- "Uniform Computer Information Transactions Act: A Broad Perspective," PLI, October 2001
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"The Uniform Computer Information Transactions Act," Association of Life Insurance Counsel, May 2001
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"Insurance Transactions in a Dot.Com Era: The Impact of the Uniform Computer Information Transactions Act," ABA's Tort Insurance Practice Section, January 2001
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"Computer Law: Negotiating Complex Transactions," National Law Journal seminar, March 1997
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"Antitrust and Copyright," New York Copyright Law Society meeting, November 1995
1985 - J.D., M.B.A., cum laude, University of Illinois
1981 - A.B., magna cum laude, Duke University
Sue was admitted to practice law in New York in 1986.
Sue plays the flute and is a fan of the Mets baseball and Duke basketball teams.
- New York


