Nancy Libin

Partner

Co-chair, Technology, Communications, Privacy & Security Practice; Chair, Privacy & Security Practice

Companies in a wide range of industries—from technology, communications, media, and entertainment to financial services, energy, retail, and food and beverage—rely on Nancy to help them navigate the ever-increasing and complex array of privacy laws and regulations. Nationally recognized by Chambers & Partners for her leadership and expertise in this area, Nancy takes time to understand each client's business operations and objectives, recognizing that not every company has the same tolerance for risk. And because data is the lifeblood of today's digital economy, Nancy offers practical advice so that clients can manage and use data effectively—and responsibly—to achieve their business goals.

Nancy advises clients on compliance with the Federal Trade Commission (FTC) Act and sector-specific federal privacy laws, such as the Gramm-Leach-Bliley Act (GLBA), the Family Educational Rights and Privacy Act (FERPA), the Children's Online Privacy Protection Act (COPPA), the Wiretap Act, the Electronic Communications Privacy Act (ECPA), the Telecommunications Act (and CPNI regulations), and the Video Privacy Protection Act (VPPA), as well as the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA)—as amended by the California Privacy Rights Act (CPRA)—and other state privacy laws.

A former chief privacy and civil liberties officer of the U.S. Department of Justice, and counsel to then-Senator Joe Biden on the Senate Judiciary Committee, Nancy also brings a three-dimensional understanding of law, policy, and strategy that enables her to help clients effectively participate in legislative activity and government proceedings and understand regulatory trends.

Practice Highlights

Advice and counsel

Developing compliance solutions for clients when there is no clear guidance under the law. Providing answers to difficult questions, such as how old laws apply to new technology or data uses and how new laws would apply to current and future business operations. Helping clients move their businesses forward and innovate, while avoiding legal missteps and regulatory scrutiny.

Advocacy

Advocating on behalf of clients in administrative rulemaking and other proceedings. Using extensive experience in government and policymaking to provide both strategic advice and policy guidance to help clients achieve optimal outcomes.

Incident response

Helping clients in a crisis when they suffer a privacy or security incident.

Counseling clients regarding compliance with federal and state privacy laws

Advising clients regarding compliance with federal and state privacy laws and regulations in the areas of financial services, ad tech, communications, energy, media, and education, among other areas. (Ongoing)

Providing policy advice to companies regarding development of privacy legislation

Counseling clients regarding policy and strategy related to drafting and development of federal and state privacy legislation and appearing before state legislatures to testify regarding proposed legislation. (Ongoing)

Developing EU GDPR compliance programs for variety of clients

Working with clients to develop and implement privacy programs to comply with EU data protection laws, including the GDPR. Clients include communications companies, technology companies, equipment manufacturers, healthcare companies, online gaming and entertainment companies, fintech providers, and consumer products companies. (Ongoing)

Advising companies regarding compliance with laws governing children's and students' privacy

Counseling education technology companies and other companies regarding compliance with the COPPA, FERPA, the Protection of Pupil Rights Amendment (PPRA), and state student privacy laws. (Ongoing)

Advising clients in connection with mergers and acquisitions and other changes in corporate control

Analyzing privacy issues in connection with transactions, including by conducting due diligence and conducting risk assessments. (Ongoing)

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Admitted to Practice

District of Columbia
U.S. Supreme Court

Education

J.D., Georgetown University Law Center, cum laude
A.B., History, Harvard University, cum laude

Memberships & Affiliations

- Executive Committee, Davis Wright Tremaine
- Privacy and Civil Liberties Advisory Board, Palantir Technologies Inc., 2013-2022
- Advisory Board, Cybersecurity Law Institute, Georgetown University Law Center, 2014-2016
- Advisory Council, Center for Democracy & Technology, Co-Chair, 2017-2019; Member, 2016-2019

Professional Recognition

- Named as one of "America's Leading Lawyers for Business" by Chambers USA in Privacy & Data Security (Nationwide), 2022-2024
- Named as one of the "Best Lawyers in America" by Best Lawyers in Privacy and Data Security Law, 2025-present
- Named a "Woman in Data" by Global Data Review, 2019
- Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2019
- Named to Media, Technology and Telecoms - Cyber Law (including Data Privacy and Data Protection), 2018; Telecoms and Broadcast: Regulatory and Media, Technology and Telecoms: Telecoms and Broadcast: Transactional, 2016, 2017; Cyber Law and Media, Technology and Telecoms - Technology - Data Protection and Privacy, 2016; by "The Legal 500 U.S. Edition"

Background

- Chair, Data Privacy & Cybersecurity Practice, Jenner & Block LLP, Washington, D.C., 2017-2018
- Partner, Data Privacy & Cybersecurity Practice, Jenner & Block LLP, Washington, D.C., 2015-2018
- Partner, Wilkinson Barker Knauer LLP, Washington, D.C., 2012-2015
- Chief Privacy and Civil Liberties Officer, United States Department of Justice, Washington, D.C., 2009-2012
- Counsel, Senator Joseph R. Biden, Jr., United States Senate Judiciary Committee, Washington, D.C., 2007-2009
- Staff Counsel, Center for Democracy & Technology, Washington, D.C., 2005-2006
- Deputy Director of Delegate Strategy and Ballot Access, John Kerry for President, Washington, D.C., 2003-2004
- Associate General Counsel, Financial Industry Regulatory Authority (FINRA, formerly NASD) , Washington, D.C., 1998-2003
- Associate, Howrey & Simon, Washington, D.C., 1993-1998