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Washington, DC 20006
TEL: (202) 370-3925
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L. Elise Dieterich
Partner
L. Elise Dieterich is a partner in the Regulated Industries practice in our Washington, D.C. office, and advises clients on a wide range of matters affected by government regulation.
Ms. Dieterich is the leader of the Telecommunications and Privacy & Data Security Groups and actively participates in the Environmental and Climate-Related Business and Technology Groups. With over two decades in practice, 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, as well as in litigation and mediation. She has particular experience advising start-up companies and new market entrants in regulated industries. Prior to law school, Ms. Dieterich served as a legislative assistant to a member of Congress, and assists clients in legislative and rulemaking proceedings.
Recognizing that the 21st century economy poses unique challenges for regulated companies, Ms. Dieterich’s practice emphasizes new and evolving legal issues. For companies operating in the information age, she counsels on a variety of compliance issues including privacy, data security, breach management, e-commerce, use of social media, Web site and blog policies, and telemarketing. For companies facing climate change-related business risks and regulations, Ms. Dieterich addresses issues including regulatory compliance, risk management strategies, and "green" consumer and investor relations.
For her telecommunications clients, Ms. Dieterich provides advice on federal, state, and local telecommunications matters, including fiber optic infrastructure financing and deployment, telephone, Internet, cable and open video systems, Voice over Internet Protocol (VoIP), and programming issues. She advises Internet service providers and Web site operators on privacy and data security issues including behavioral advertising, cloud computing, and breach management.
She also provides advice to industrial and utility clients on environmental matters, including permitting, pole attachments, Broadband over Power Lines (BPL), facility siting, rights-of-way, and environmental cleanups.
Representative Client Work
- 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, franchising, competition policy, program access, copyright, privacy, telephony, VoIP, and cable modem
- Prepared privacy policies, Web site terms of use, blog terms of use, and customer terms and conditions for multiple Web site operators
- Advised multiple Internet service providers regarding behavioral advertising and FTC consumer privacy rules
- Advised regional cable company with regard to introduction of VoIP services
- Served as outside general counsel to start-up broadband infrastructure provider with multi-state 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
- Represented a municipal electric utility negotiating an agreement for a BPL pilot project
- Advised a proponent of a coal-fired electric generation facility on anticipated greenhouse gas emissions cap-and-trade program and available carbon offsets
- Advised a municipality with regard to energy efficiency and renewable energy programs and funding opportunities
- Represents industrial PRPs in multi-party Superfund site cleanups
Bar & Court Admissions
- District of Columbia, 1988
- U.S. Court of Appeals for the Ninth Circuit
Publications
- To Notify or Not to Notify? HITECH Rule Leaves Room for Confusion, Hospital Compliance Watch, Quoted (August 20, 2010)
- Five Steps for Managing the Risks Associated With Sensitive Data, The Corporate Counselor (June 2010)
- Privacy & Data Security Law Developments: 2009 Roundup and 2010, Privacy & Data Security Law Journal (March 2010)
- Data Mining is Vital as Meaningful Use Looms, Hospitals & Health Networks, Quoted (February 2010)
- Many Vendors Not Ready for HITECH Compliance, Healthcare Risk Management, Quoted (February 2010)
- Creepy Ways Your Social Media Data Can Be Used, E-Commerce Times, Quoted (January 21, 2010)
- Water Water Everywhere, Insight Magazine, Quoted (September/October 2009)
- What's Your Biz IQ? Smart Uses of Intelligence, Credit Union Business, Quoted (June 2009)
Client Advisories
- Recent Regulatory Developments on Network Outage Reports, Cable Competition and CPNI Forfeitures
- Regulatory Fee Deadline August 31, 2010; Use of Fee Filer Mandatory
- EPA Proposes Guidelines for Determining Confidentiality of Greenhouse Gas Emissions Data
- Privacy & Data Security Law Developments: 2010 Mid-Year Update
- Semi-Annual Form 477 (Local Telephone Competition and Broadband Reporting) Is Due September 1, 2010
- Semi-annual Numbering Resource Utilization/Forecast ("NRUF") Report (Form 502) due by August 1, 2010
- Important July 1, 2010 Regulatory Due Date
- FCC Announces Proposed Third Quarter 2010 Universal Service Fund Contribution Factor
- Important Upcoming Regulatory Events
- EPA Issues Four Proposed Rules to Modify Mandatory Greenhouse Gas Emissions Reporting Requirements
- Important Upcoming Regulatory Due Dates
- Universal Service Fund Affected by Significant Developments
- Important May 31, 2010 Regulatory Due Date
- Privacy & Data Security Law Developments: Spring 2010 Update
- Annual Geographic Rate Averaging Certification Due May 1, 2010
- Important May 1, 2010 Regulatory Due Date
- Important April 1, 2010, Regulatory Due Date
- SEC Emphasizes Obligation of Public Companies to Assess and Disclose Climate Change-Related Business Impacts
- Important March 1, 2010 Regulatory Due Date
- Important February 1, 2010 Regulatory Due Date
- Privacy & Data Security Law Developments: 2009 Roundup and 2010 Forecast
- 2009 Year-End Regulatory Housekeeping
- FCC Announces Proposed First Quarter 2010 Universal Service Fund Contribution Factor
- EPA Issues Final Finding that Greenhouse Gas Emissions Endanger Public Health and the Environment
- FCC Seeks Comments on the Role of Universal Service Fund and Intercarrier Compensation in National Broadband Plan
- FTC Announces Fourth Delay of Red Flags Rule Enforcement
- FCC Proposes Rules on Net Neutrality
- U.S. Senate and Environmental Protection Agency Taking Steps Toward Regulating Greenhouse Gas Emissions
- Important November 1, 2009, Regulatory Due Date
- New York City Council Considering Imposing Requirements on Large Buildings to Reduce Greenhouse Gas Emissions
- Federal Trade Commission Finds Disclosures in Sears' Click-Wrap License Agreements May be Deceptive Practice under Federal Trade Commission Act
- EPA Issues Final Mandatory Greenhouse Gas Reporting Rule
- Amended LNP Rules to Impose Tighter Deadlines
- Were Regulatory Fees Assessed Against VoIP Providers in 2007 Unlawful?
- Reminder of Important Filing Deadlines - Form 477 (September 1) and Regulatory Fees (September 22)
- Massachusetts Revises Privacy Regulations and Gives Businesses Further Time to Comply
- USF, VoIP, and Special Access Continue to Garner Attention
- Important August 1, 2009, Regulatory Due Dates
- FCC Announces Proposed Third Quarter 2009 Universal Service Fund Contribution Factor
- Imperatives for Climate Change-Related Disclosures in SEC Filings Continue to Mount
- Supreme Court Decision in Burlington Northern Case Highlights Burden of Proof in CERCLA Cases
- EPA Takes Major Steps Toward Regulating Greenhouse Gas Emissions
- FCC’s Inclusion of Multi-Protocol Label Switching in FCC Form 499-A Instructions Challenged
- FCC Posts Revised Form 477 On-Line and Extends Deadline for Filing to March 16, 2009
- Massachusetts Revises Privacy Regulations and Gives Businesses More Time to Comply
- Universal Service Fund Compliance Comes to the Fore
- Year-End Regulatory Housekeeping
- Businesses Given Extra Time to Comply with New Massachusetts Privacy Regulations
- The Energy Improvement and Extension Act of 2008
- The Presidential Candidates Advocate Different Paths To Achieve Similar Goals
- Does Carbon Trading Implicate U.S. Securities Laws?
- Request for Waiver of FCC's CPN Rule Has Privacy Implications
Teaching & Speaking Engagements
- Moderator, "2009 Carbon Trading Liability Forum: Risk Management in the New Markets for VERs, CERs, and RECs," Boston, MA (March 4, 2009) and New York, NY (May 20, 2009)
- Speaker, "Broadband Regulation: The FCC’s Rules and Beyond," American Public Power Association’s Community and Economic Development Conference, Portland, OR (July 2007) and Community Broadband Conference, St. Louis, MO (October 2006)
- Speaker, "Telecom Update," American Public Power Association Legal Seminar, Boston, MA (October 2006)
- Speaker, Voice Over Internet Protocol Conference, CLE International, Denver, CO (June 2005)
- Panelist, "Local Rights of Way Management Under Section 253: National Trends," Law Seminars International Local Telecommunications Infrastructure Conference, Seattle, WA (June 2001)
Awards & Honors
- D.C. Appleseed Community Service Award, 2007
Professional & Civic Activities
- Federal Communications Bar Association
- International Association of Privacy Professionals (IAPP)
- American Bar Association (Dispute Resolution; Public Utility, Communications and Transportation Law; Environment, Energy & Resources)
- Co-Chair, Policy & Standards Committee, Clinical Groupware Collaborative (CGC)
- Editorial Board, The Corporate Counselor
Education
- J.D., cum laude, Harvard Law School, 1987
- B.A., The Evergreen State College, 1982
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