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Fulbright & Jaworski L.L.P.

Pamela Jones Harbour - Fulbright & Jaworski LLP
Pamela Jones Harbour
Partner
D: +1 202 662 4505 - (Washington, D.C.)
D: +1 212 318 3324 - (New York)
Washington, D.C.
Market Square
801 Pennsylvania Avenue, N.W.
Washington, DC 20004-2623
T: +1 202 662 0200
F: +1 202 662 4643

New York
666 Fifth Avenue
New York, NY 10103-3198
T: +1 212 318 3000
F: +1 212 318 3400
AREAS OF CONCENTRATION
EXPERIENCE

Former Federal Trade Commissioner Pamela Jones Harbour is a partner in the firm's antitrust and competition practice and heads the Privacy, Competition and Data Protection practice group. She is well recognized for her knowledge of evolving areas of competition and consumer protection law, including privacy and data security issues.

Pamela served on the Federal Trade Commission from 2003 until April 2010. She works from both the Washington, D.C. and New York offices.

Prior to serving on the Commission, Pamela was an antitrust partner at a New York firm. She previously spent a decade working in the New York Attorney General's Office, including as Deputy Attorney General, where she investigated and prosecuted a variety of antitrust and consumer protection violations.

Pamela's career experience has included frequent speaking engagements, Congressional testimony and publications relating to a wide range of industries and subject areas. She has a breadth and depth of knowledge in the energy, health care and privacy fields, as well as her understanding of global antitrust and consumer protection law.

During her nearly seven years as a Commissioner, Pamela was instrumental in shaping an ambitious Federal Trade Commission agenda that encompassed a wide variety of competition and consumer protection issues affecting virtually every economic sector. She was frequently a leading or sole dissenter in situations where she advocated to vigorously uphold the letter and spirit of the nation's antitrust and consumer protection laws.

Before joining the FTC, Pamela successfully prosecuted numerous national price-fixing conspiracies as a top litigator in the New York Attorney General's office, including serving as lead counsel in several multi-state cases and arguing a resale price maintenance (RPM) case, State Oil v. Khan, on behalf of 35 states before the U.S. Supreme Court. During that time, Pamela was chief of the Office's 150-attorney Public Advocacy Division.

Seeking a way to convey the voice of consumers to the Court in 2007, Pamela authored and submitted an innovative "Open Letter to the Supreme Court" in the Leegin case where the Court considered the longstanding antitrust prohibition on RPM. Pamela testified numerous times in Congress and oversaw a series of public FTC workshops to empirically examine the effects of RPM on consumer prices.

Pamela is recognized internationally for her leadership in the emerging field of privacy and data security. She was the 2010 recipient of the Electronic Privacy Information Center's (EPIC's) "Champion of Freedom Award" for her defense of consumer privacy as an FTC Commissioner. As a key member of the U.S. delegation to the Asia Pacific Economic Cooperation (APEC) summits, she was directly involved in representing U.S. interests during negotiation and future implementation of a global privacy framework related to cross-border data transfers. Beyond her contributions in the realm of information practices, Pamela also has played an important role in shaping the legal discourse on technological standard setting, innovation markets, vertical distribution restraints, pharmaceuticals and biotechnology and health care.

REPRESENTATIVE EXPERIENCE

Competition

  • Advises clients on variety of antitrust and competition laws, both domestically and internationally
  • Represented clients in competition matters, including those before the U.S. DOJ, FTC and State Attorneys General
  • Represented 37 State Attorneys General before the United States Supreme Court in oil industry price fixing case
  • Co-Counsel in successful challenge of department store acquisition
  • Landmark application of antitrust principles in state's successful commerce clause challenge to restrictive agricultural regulations
  • Successfully argued Resale Price Maintenance case in Second Circuit Court of Appeals on behalf of 50 State Attorneys General
  • Successfully represented telecommunications company in acquisition involving standard setting implications 
  • Advised client on antitrust clearance of acquisition and disposition by major chemical storage company
  • Advises clients on Resale Price Maintenance (RPM), Co-op Advertising and MAP Policies
  • Advised healthcare association on competitive consequences of mandatory price disclosures
  • Advised client on sale of certain patents and related assets pursuant to commitments made to standard setting organizations

Privacy and Competition

  • Advised global technology company on policy implications of intersection of competition and privacy in on-line markets
  • Advised U.S. technology companies on special concerns related to children's privacy issues
  • Advised foreign government officials on competitive implications of on line arrangements
  • On behalf of technology company, addressed on line international advertising executives on the privacy and competitive implications of the FTC privacy report "Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Business and Policy Makers"
  • Advised the Competition Commission of India on antitrust transparency and procedural fairness, as an ABA Antitrust Section of Law representative
  • Provided testimony before European Parliament on behalf of global technology company

Privacy and Consumer Protection

  • Assists clients in data breach simulation exercises and evaluation of incident responses
  • Manages data breach investigations and notification processes for multinational corporations
  • Advises clients on FTC requirements for safeguarding data both offline and on line (including COPPA and CAN-SPAM)
  • Counsels clients on HIPAA and HITECH Privacy and Security Rules
  • Counsels clients on FACTA and Fair Credit Reporting Act matters
  • Handles client matters before State Attorneys General
  • Advise financial institution regarding compliance with GLB Safeguards rule
  • Represent industry-wide joint defense group in responding to civil investigative demand issues by  CFPB to financial services companies
  • Assist financial services companies prepare for CFPB investigations and examinations
  • Manages client matters regarding State Data Breach Laws
  • Conduct analysis of privacy-related procedures to determine vulnerabilities and assess compliance with privacy laws in the U.S.
  • Advises clients on the European Data Privacy Directive (including compliance programs and cross-border transfers in the context of normal business operations)
  • Advise Canadian marketing solutions agency in North American advertiser's network on cross-border transfers involving data centers.
  • Development of global data privacy compliance program for Middle East based company involving on-line application launch
  • Advises clients on Internal Privacy Policies, internal/external investigations and audits
  • Defending numerous companies in "Biz Op" sector in FTC §5 and comparable State AG litigation
  • Advised U.S. company on state consumer protection matter involving allegations of false and deceptive advertising before State's Attorney General
  • Advised U.S. company regarding the Telemarketing Sales Rule in the area of debt negotiation
  • Advised U.S. corporation on the issues relating to behavioral advertising and the use of Flash cookies
  • Advised international corporation on security breach notification issues
  • Represented global IT company defending privacy/data security CID before FTC
PROFESSIONAL ACTIVITIES and MEMBERSHIPS
  • American Bar Association, Antitrust Section
    • Council Member (2010 - present)
    • Section Delegate  (2001 - 2003)
    • Council Member (1997 - 2001)
    • Chair, State Enforcement Committee (1995 - 1997)
    • Vice-Chair, State Enforcement Committee (1992 - 1995)
  • Cloud Security Alliance, Legal Working Group
    • Co-Chair (2011) 
  • Electronic Privacy Information Center (EPIC)
    • Advisory Board Member (2010 - present)
  • Center for Democracy & Technology
    • Board of Directors, Member (2010 - 2012)
  • Future of Privacy Forum
    • Advisory Board Member (2010 - present)
  • WiredSafety
    • Advisory Board President (2010 - present)
  • New York State Bar, Antitrust Section
    • Chair (2003 - 2004)
    • Vice Chair (2002 - 2003)
    • Secretary (2001 - 2002)
    • Executive Committee Member (1992 - 2003)
  • ABA Commission on Women in the Profession, Commission Liaison (2001 - 2003)
  • New York City Campaign Finance Board, Member (2000 - 2003)
  • Loyola University, Institute for Consumer Antitrust Studies, Advisory Board
    • Member (2001 - 2003, 2010 - present)
  • New York State Chief Judge Judith Kaye's Commission on Public Access to Court Records, Member (2002 - 2003)
  • District of Columbia Bar (2010)
  • New York Bar (1985)
  • United States Supreme Court (1997)
  • United States Court of Appeals for the Second Circuit, Pro Hac Vice (1995)
  • United States District Courts, Southern and Eastern Districts (1988)
PROFESSIONAL HONORS
  • New York State Bar Association, 2012 Kay Crawford Murray Award for Distinguished Legal Career and Advancing the Professional Development of Women Attorneys, January 24, 2012
  • 2010 EPIC Champion of Freedom Award, Electronic Privacy Information Center, June 2, 2010
  • Federal Trade Commission, Award for Distinguished Service, In recognition of Exemplary Service as Commissioner of FTC, April 2010
  • New York State Bar Association, Antitrust Law Section, Annual Award for Distinguished Service to the Section and Legal Profession, January 27, 2005
PUBLICATIONS
  • Co-author, "Article III Standing in FISA Constitutionality/Privacy Lawsuit," Fulbright Briefing, March 1, 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
  • Op-Ed Contributor, "The Emperor of All Identities," The New York Times, December 19, 2012
  • Co-author, "Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation," Fulbright Briefing, October 16, 2012
  • Co-author, "FTC Speaks Through Spokeo: When Privacy Meets FCRA Web and Social Media Data Collection in the Crosshairs," Fulbright & Jaworski L.L.P. Briefing, July 25, 2012
  • Co-author, "Cloud Guidance Rains Down in July," Fulbright & Jaworski L.L.P. Briefing, July 24, 2012
  • Co-author, "Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful," Fulbright & Jaworski L.L.P. Briefing, July 19, 2012
  • Co-author, "State-Action Fight Far From Over: Supreme Court to Revisit Immunity of Regulated Industries," Fulbright & Jaworski L.L.P. Briefing, July 5, 2012
  • Co-author, "Pay-for-Delay: Still a Top Antitrust Enforcement Priority," Fulbright & Jaworski L.L.P. Briefing, June 21, 2012
  • Co-author, "Prepare Yourself: Proposed Privacy Regulation and Reports May Significantly Affect Your Company's Operations," Fulbright & Jaworski L.L.P. Briefing, May 24, 2012
  • Co-author with Susan Linda Ross and Erika Brown Lee, "Think the FTC's Proposed Changes to the Children's Online Privacy Rule Don't Affect Your Company? Think Again!," Fulbright & Jaworski L.L.P. Briefing, October 11, 2011
  • Co-author with Susan Linda Ross and Erika Brown Lee, "Pharma Company Prevails Again in Appeal of Antitrust Challenge by FTC and Minnesota," Fulbright & Jaworski L.L.P. Briefing, August 23, 2011
  • Co-author with Susan Linda Ross and Travis Mock, "Sorrell v. IMS Health Inc.: The Decision and What It Says About Patient Privacy," Fulbright & Jaworski L.L.P. Briefing, June 30, 2011
  • Co-author with Tara Isa Koslov, "Privacy in Antitrust: A Relevant Product Market Factor," Bureau of National Affairs Inc., February 2011
  • Co-author with Susan Linda Ross, Erika Brown Lee and Gloria Salcedo Padula "New Law Modifies Federal Trade Commission's Red Flags Rule," Fulbright & Jaworski L.L. P. Briefing, January 21, 2011
  • "Questioning Google's Deal With ITA – as a Former Regulator," Huffington Post, January 7, 2011  
  • Co-author with Susan Linda Ross, Erika Brown Lee and Travis J. Mock, "Privacy – A Way Forward: Reconciling The FTC and Commerce Reports," Fulbright & Jaworski L.L. P. Briefing, January 3, 2011
  • Co-author with Susan Linda Ross and Erika Brown Lee, "First Circuit Upholds $48 Million-plus Disgorgement of Gross Revenues in Deceptive Advertising Case," Fulbright & Jaworski L.L.P. Briefing, November 4, 2010
  • Co-author with Erika Brown Lee and Susan Linda Ross, "Drug Maker Prevails in Latest Antitrust Challenge by FTC," Fulbright & Jaworski L.L.P. Briefing, October 7, 2010
  • Co-author with Neely B. Agin and Erika Brown Lee, "The Leegin Saga Concludes in the Fifth Circuit: Resale Price Maintenance Claims Are Dismissed," Fulbright & Jaworski L.L.P. Briefing, August 26, 2010
  • "Financial Reform Legislation Establishes New Bureau of Consumer Financial Protection," Fulbright & Jaworski L.L.P. Financial Reform Task Force, July 21, 2010 
  • Co-author with Tara Isa Koslov, "Section 2 in a Web 2.0 World: An Expanded Vision of Relevant Product Markets," Antitrust Law Journal, June 2010
  • "RPM and the Rule of Reason: Ready or Not, Here They Come?, An Introduction to the Special Edition of the Antitrust Bulletin in RPM," Antitrust Bulletin, Volume 55, No. 1, Spring 2010
  • "What's a Former Commissioner To Do? Pamela J. Harbour Looks Forward and Back," 10 IAPP Adviser 4 The Privacy Advisor, May 2010
  • "Electronic Commerce & Law," Bureau of National Affairs, Inc., 2010
  • "Interview with Commissioner Harbour," 23 Antitrust Healthcare Chronicle 1, October 2009
  • "A Tale of Two Marks, and Other Antitrust Concerns," 20 Loyola Consumer L. Rev. 32, 2008
  • "The Supreme Court's Antitrust Future: New Directions or Revisiting Old Cases?," Antitrust Source, 2007
  • "Adoption of Trade Regulations in China, Scope and Effect: An American's View," 20 NYSBA International Law Practicum 1, Spring 2007
  • "Interview with Commissioner Harbour," Antitrust Source, March 2006
  • "Developments in Competition Law in the European Union and the United States: Harmony and Conflict," 19 NYSBA International Law Practicum 1, Spring 2006
  • "An Enforcement Perspective on the Work of Robert L. Steiner: Why Retailing and Vertical Relationships Matter," Antitrust Bulletin, Winter 2004
  • "Interview with Commissioner Harbour Newsletter of the ABA Sherman Act Section One Committee," Antitrust Law Journal 2010, Volume 76, Issue 3, prepared by Andrea Agathoklis, Freshfields Bruckhaus Deringer LLP, August 2004

Testimony:

  • Supplemental Testimony Letter to Senator Herb Kohl, Responses to Questions Regarding Testimony Before the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Senate Judiciary Committee, The Discount Pricing Consumer Protection Act, June 15, 2009
  • "Emerging Health Care Issues: Follow-on Biologic Drug Competition," Testimony Before the Subcommittee on Health, Committee on Energy and Commerce, U.S. House of Representatives, June 2009
  • Supplemental Testimony Letter to Congressman Henry C. Johnson, Jr., Responses to Questions Regarding the Hearing on "Bye Bye Bargain? Retail Price Fixing, The Leegin Decision, and its Impact on Consumer Prices," June 2009
  • "The Discount Pricing Consumer Protection Act: Do We Need to Restore the Ban on Vertical Price Fixing?," Testimony Before the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Senate Judiciary Committee, May 2009
  • "Bye Bye Bargain? Retail Price Fixing, The Leegin Decision, and Its Impact on Consumer Prices," Testimony Before the Subcommittee on Courts and Competition Policy, Committee on the Judiciary, April 2009
  • "Consumer Protection and the Credit Crisis," Testimony Before the Senate Committee on Commerce, Science and Transportation, February 26, 2009
  • "Data Protection and Search Engines on the Internet: The Google/DoubleClick Case," Testimony Before the European Parliament, January 2008
  • Supplemental Testimony Letter to Senator Herb Kohl, Responses to Questions Regarding the Supreme Court's Decision in Leegin, Creative Leather Products, Inc. v. PSKS, Inc., 127 S. Ct. 2705 (2007), September 2007
  • "The Leegin Decision: The End of the Consumer Discounts or Good Antitrust Policy?," Testimony Before the Subcommittee on Antitrust, Competition Policy and Consumer Rights, Senate Judiciary Committee, July 2007
  • "Making the Internet Safe for Kids: The Role of ISP's and Social Networking Sites," Testimony Before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce, U.S. House of Representatives, June 2006
  • "How the Federal Trade Commission Aids Victims of Identity Theft," Testimony Before the Committee on Commerce, Science, and Transportation of the United States Senate, June 2005
SPEECHES
  • "Privacy and Outsourcing Around the North Atlantic" speaker, KCI CLE, Washington DC, February 28, 2013
  • "Privacy Year in Review: 2012 Legal Developments Worldwide and a Look Forward to 2013," speaker, IAPP KnowledgeNet, Austin, Texas, January 28, 2013
  • "Data Privacy, Security on Web 2.0: The FTC Social Media Trifecta" speaker, Johnson & Johnson, New Brunswick, New Jersey, December 5, 2012
  • "Competition & Privacy in Markets of Data" speaker, European Parliament - Privacy Platform, Brussels, Belgium, November 26, 2012
  • "Securing Customer Data, Privacy: Leveraging the Expertise of Technology for Risk Assessment & issues Spotting" speaker, Macy,'s Inc. Cincinnati, Ohio November 7, 2012
  • "Privacy Issues in a Mobile World" and "Securing Customer Data, Privacy & Online Behavioral Advertising Practices" speaker, National Retailer Federation Lawyers' Committee Privacy Meeting for GCs and Practitioners, Crate & Barrel, Chicago, Illinois, October 23, 2012
  • "Advertising, Self-Regulation and Global Regulatory Proposals," speaker, IAB Global Summit 2012: Shaping The Future of the Global IAB Network, Partnerships, Growth, Opportunities and Benefits, New York City, October 3, 2012
  •  "Pay-for-Delay and Hot Topics in HealthCare Antitrust," speaker, Fulbright Health Law Education Webinar, September 26, 2012
  • "FTC Speaks Through Spokeo: When Privacy Meets FCRA - Web and Social media Data Collection in the Crosshairs" Fulbright & Jaworski L.L.P. Seminar, moderator, September 6, 2012
  • "Staying Out of Hot Water: Privacy Violations, Data Security Breaches, Deceptive Financial and Advertising Practices," speaker, National Bar Association, Annual Convention, Las Vegas, Nevada, July 19, 2012
  • "Data Privacy, Security and Web 2.0: The FTC Trifecta & Developing Common Law of Privacy Enforcement," Keynote Speaker, NetHui Conference, Auckland, New Zealand, July 11, 2012
  • "Hot Topics in Online Behavioral Advertising," speaker, New York City Bar OBA, New York City, May 14, 2012
  • "Protecting the Consumer: Data Privacy in the Digital Age," speaker, ICOMP EU Roundtables (Madrid, Berlin, Brussels, London and Paris), February 27-March 1, 2012
  • "Litigation Trends and Risks from Privacy, Security, M&A, Reputational Damage & Current D&O Risks," speaker, Risk Manager Forum Dinner, Dallas, TX, February 22, 2012
  • "The Impact of the Children's Online Privacy Protection Act on Corporate America," speaker, AT&T Legal Conference, Dallas, TX, February 16, 2012
  • "Cloud Cover: A Few Points of Legal Illumination," speaker, Dell, Inc., Austin, TX, January 26, 2012
  • "Hot Topics in Healthcare: Privacy, Antitrust, Fraud and Ethics," Quintiles Webinar, Pittsburgh, PA, December 6, 2011
  • ABA 2011 Antitrust Fall Forum, Co-chair and Moderator, Washington, DC, November 17, 2011
  • "An Insider's Look at the Present and Future of Federal Regulatory Enforcement & Policy Making," Keynote Speaker, 33rd Annual PMA Marketing Law Conference, Chicago, IL, November 15, 2011
  • "Online Services, Regulation, and Privacy: It's Time to Polish Your Armor," speaker Microsoft Corporation, Redmond, WA, September 22, 2011
  • "Privacy, Regulation and the Road Ahead: The View from a Former Regulator," speaker, Microsoft Corporation, Redmond, WA, September 21, 2011
  • "Privacy and Competition in On-line Markets," Privacy and Competition and Data Protection: California Attorney General, speaker July 29, 2011
  • "Internet Search Engines – Latest Issues," Conference of Western Attorneys General, speaker, Kona, Hawaii, July 13, 2011
  • "Impact of Privacy on Business," Information Systems Audit and Control Association World Congress Insights, speaker, Washington, DC, June 28, 2011
  • "Successfully Navigating Hazardous Waters: The Second Annual Conference on Transatlantic Deals and Disputes," American Bar Association Section of Int'l Law/German Bar Association Int'l Working Group, speaker, Munich, Germany, June 19-21, 2011
  • "Cambridge Forum On International Privacy Law," presenter, Hampshire, UK, May 22-24, 2011
  • "Street View, Privacy & Security of Wireless Networks," Capitol Hill Briefing, moderator, May 18, 2011 
  • "North American Legal Retreat," Bayer, presenter, San Antonio, TX, May 13, 2011
  • "ISSA CISO Executive Forum on Privacy and Law," presenter, St. Paul, MN, May 11-12, 2011
  • "The Future of Privacy Standards in India," Fulbright & Jaworski L.L.P. Seminar, moderator, May 4, 2011
  • "Google Street View: Collecting the World's Data," National Assembly Memorial Hall, Seoul, South Korea, April 2011
  • "Chair's Showcase: Competition and Consumer Protection in the Web 3.0 World," moderator of legal and social policy panel, ABA Antitrust Law Section Spring Meeting, March 31, 2011
  • "Searching through the Cloud for APEC Accountability: Cross Border Privacy Rules in Action," Fulbright & Jaworski L.L.P. Seminar, March 2011
  • "Information: Privacy Law," Privacy Law Salon Conference, Miami, FL, January 2011
  • "Industry Regulator-Dynamics; Digital Download, Behind the Headlines," International Advertising Association Conference, Sydney, Australia, and Tokyo, Japan, December 2010
  • "Cloud Computing, What's the Forecast?," Cloud Security Alliance Congress, Orlando, FL, November 2010
  • "Transparency and Procedural Fairness by Antitrust Regulators," IBA/ABA Training Discussion, New Delhi, India, October 2010
  • "Privacy as Non-Price Dimension of Competition," 32nd Annual Privacy and Data Protection Commissioners Conference, Jerusalem, Israel, October 2010
  • "Section 2 in a Web World, Data Privacy Conference," The Initiative for a Competitive Online Marketplace (ICOMP) Discussion, Jerusalem, Israel, October 2010
  • "Emerging Trends in Consumer Privacy: Detection, Regulation, and Enforcement," Fulbright & Jaworski L.L.P. Web Seminar, October 19, 2010
  • "Alliances in Search Engine and Online Advertising," Japan Competition Law Research Association Conference, Tokyo, Japan, September 2010
  • "History, Mission and Precedent Based Guideposts for §5 Enforcement, Shaping a Potential Analytical Framework," ABA-CLE Teleseminar-The Future of §5 Enforcement, September 2010
  • "Privacy and Data Protection: Why Should Your Company be Concerned?," Fulbright & Jaworski L.L.P. Seminar, August 24, 2010
  • "From Principles to Practice: Bringing the APEC Privacy Framework to Life?," Fulbright & Jaworski L.L.P. Seminar, August 18, 2010
  • "Fulbright Forum: Perfect Storm? Privacy, Competition and Cloud Computing," Fulbright & Jaworski L.L.P. Web Seminar, August 3, 2010 
  • "Section 2 in a Web 2.0 World, An Expanded Vision of Relevant Product Markets," Jevons Colloquium, London, England, July 2010
  • "Acceptance Speech for EPIC 2010 'Champion of Freedom Award,'" Electronic Privacy Information Center, 2010 Champion of Freedom Award Dinner, Washington, D.C., June 2010
  • "Cyber-Security for Teens and Tweens," Welcome Remarks before Tenth Annual Wired Kids Summit, The Capitol, Washington, DC, May 2010
  • "The New Federal Merger Guidelines: Are They New?," Fulbright & Jaworski L.L.P. Web Seminar, May 20, 2010
  • "Do the Revised Horizontal Merger Guidelines Signal a Change in Government Enforcement?," Fulbright & Jaworski L.L.P. Web Seminar, Washington, D.C., May 2010
  • "The Ethics of Data Privacy in the 21st Century," Presentation before Association of General Counsels Annual Meeting, Pebble Beach, CA, April 2010
  • "RPM and the Rule of Reason: Ready or Not, Here They Come?," Remarks before ABA Antitrust Section 58th Spring Meeting Washington, D.C., April 2010
  • "Privacy: A Fundamental Right That Users Do Care About," Remarks before 3rd FTC Exploring Privacy Roundtable, Washington, D.C., via Barcelona, Spain, March 2010
  • "Cloud Computing: Looking for the Silver Lining," Keynote Address before Cloud Security Alliance, SecureCloud 2010, Barcelona, Spain, March 2010
  • "A Global View of Privacy and Data Security," ABA/FCBA Fifth Annual Symposium on Privacy and Data Security for New Media Companies, "A New Decade: New Challenges and Liabilities", Washington, D.C., March, 2010
  • "Social Networks, Mobile Applications, Cloud Computing, and the Concept of Anonymity," Remarks before 2nd FTC Exploring Privacy Roundtable, Berkeley, California, January 2010
  • "More Data: The Need for Greater Attention to Privacy," Remarks before 1st FTC Exploring Privacy Roundtable, Washington, D.C., December 2009
  • "Ooopss!!!!! Where Did I Leave My Computer? Prevention and Reaction In Light of Security Breaches," Remarks before 31st International Conference of Data Protection and Privacy Commissioners, Madrid, Spain, November 2009
  • "Baking in Privacy: Consumers as the Most Important Ingredient!," Keynote Address before Information and Privacy Commissioner of Ontario, Privacy By Design Workshop: The Definitive Workshop, Luncheon Remarks, Madrid, Spain, November 2009
  • "Privacy, Openness, Online Advertising and Online Behavioral Targeting," Remarks before Internet Governance Forum, Sharm El Sheikh, Egypt, November 2009
  • "Today's Privacy Challenges: Cloud Computing Technologies," Remarks before Internet Governance Forum, Sharm El Sheikh, Egypt, November 2009
  • "The New Activist Federal Trade Commission," Presentation before the National Retail Federation: General Counsels Forum, Washington, D.C., June 2009
  • "Section 2 in a Web 2.0 World: An Expanded Vision of Relevant Product Markets," Presentation before the University of Haifa, Symposium on Issues at the Forefront of Monopolization and Abuse of Dominance, Haifa, Israel, May 2009
  • "Clinical Integration: The Changing Policy Climate and What it Means for Care Coordination," Remarks before the American Hospital Association, Washington, D.C., April 2009
  • "Keeping Kids Safe in a Mobile Environment," Remarks before the Family Online Safety Institute Annual Conference, April 2009
  • "FTC Recent Developments and Enforcement Actions," Keynote Remarks before the Food Marketing Institute, April 2009
  • "Section 2 and Article 82 Circling the High-Tech Sector: Will They Coordinate or Collide?," Remarks before the ABA Antitrust Section Spring Meeting, March 2009
  • "Advertising and Unfair Competition: Federal and State Enforcement," ALI-ABA Course of Study, Product Distribution and Marketing, Charleston, SC, March 2009
  • "Building Capacity in Economies to Implement the Cross Border Privacy Rules System," Remarks before the Asia Pacific Economic Cooperation Forum, Technical Assistance Seminar on the Implementation of the APEC Privacy Framework, Singapore, February 2009
  • "Consumer Benefits and Harms from Resale Price Maintenance: Sorting the Beneficial Sheep from the Antitrust Goats," Opening Remarks at the Federal Trade Commission Resale Price Maintenance Workshop, February 2009
  • "FTC's Children's Online Safety Education Efforts," Remarks before the Family Online Safety Institute Annual Conference, December 2008
  • Press Conference on Price Fixing in the Retail Sector, Remarks at the American Antitrust Institute Industry, National Press Club, Washington, D.C., December 2008
  • "The New Administration: A Renewed Focus on Consumer Privacy Issues?," Remarks for the Launch of the Future of Privacy Forum, November 2008
  • "How Competition Law Promotes Technological Innovation: The Role of the Federal Trade Commission," Stanford University, Computer Science Department and the Law School, November 2008
  • "Report From The Front Lines: Current Antitrust and Competition Policy Issues," Association of Corporate Counsel Annual Meeting, October 2008
  • "A Global Perspective On Data Security Breaches & Enforcement," Association of Corporate Counsel Annual Meeting, October 2008
  • "Is Privacy an Obstacle or Asset for Global Economic Growth?," Remarks before the 30th International Conference of Data Protection and Privacy Commissioners, Council of Europe, Strasbourg, France, October 2008
  • "The Federal Trade Commission's Perspective on Biosimilars: Current Initiatives and Long-Term Goals," Remarks before the Biosimilars 2008 Conference, George Washington University, Washington, D.C., September 2008
  • "The FTC's Experience with Cross-Border Enforcement Cooperation," Keynote Remarks before the Asia Pacific Economic Cooperation Forum, Technical Assistance Seminar on the Implementation of the APEC Privacy Framework, Lima, Peru, August 2008
  • "Update on Domestic Privacy Enforcement by the FTC," Remarks before the Privacy Commissioner of Canada, London Initiative Workshop, Montreal, Quebec, May 2008
  • "Can Privacy Education Help Consumers?," Remarks before the National Press Club, Washington, D.C., April 2008
  • "Advertising and Unfair Competition: Federal and State Enforcement," ALI-ABA Course of Study, Product Distribution and Marketing, Scottsdale, AZ, March 2008
  • "APEC Cross-Border Privacy Rules and U.S. SAFE WEB Act," Remarks before the 9th GBDe Annual Summit, Tokyo, Japan, November 2007
  • "APEC Update: Self-Regulatory Approaches to Cross Border Transfers of Personal Data," Remarks before the IAPP 2007 Privacy Academy, October 2007
  • "Global Compliance Challenges and Opportunities: An FTC Commissioner's Perspective," Remarks before the University Club, New York, October 2007
  • "The Fundamental Things Apply As Time Goes By," Remarks before the National Association of Attorneys General, Centennial Symposium: One Hundred Years of State Antitrust Enforcement, St. Louis, MO, October 2007
  • "Beliefs versus Proof: Obstacles to the Empowerment of Consumers," Remarks before the David T. Chase Free Enterprise Institute, Eastern Connecticut State University, September 2007
  • "The Competitive Implications of Generic Biologies," Remarks before the ABA Sections of Antitrust and Intellectual Property Law, Intellectual Property Antitrust: Strategic Choices, Evolving Standards, and Practical Solutions, June 2007
  • "Vertical Restraints: Federal and State Enforcement of Vertical Issues," ALI-ABA Course of Study, Product Distribution and Marketing, Coral Gables, FL, March 2007
  • "Next Steps for Cross-Border Enforcement Cooperation," Remarks before APEC's Electronic Steering Group, Data Privacy Subgroup Meeting, January 2007
  • "Adoption of Trade Regulations in China, Scope and Effect: An American's View," Remarks before the New York State Bar Association International Law and Practice Section, Fall 2006 Meeting, Shanghai, China, October 2006
  • Prepared Statement of the Federal Trade Commission On Social Networking Sites, Presented before the Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce of the United States House of Representatives, June 2006
  • "Respecting the Individual: Privacy Frameworks for the 21st Century," Remarks before the International Association of Privacy Professionals National Summit, Washington, D.C., March 2006
  • "Developments in Competition Law in the European Union and the United States: Harmony and Conflict," Remarks at the New York State Bar Association International Law and Practice Section Fall Meeting 2005, Program 19, London, England, October 2005
  • "Helping the FTC Help You: Effective Self-Regulation is Better Business," Keynote Address before the National Advertising Division Meeting, New York, NY, September 2005
  • "Educational Initiatives and Best Practices," Remarks at Workshop on Perspectives on Marketing, Self-Regulation & Childhood Obesity, July 2005
  • "A 'Check-Up' of Selected Health Care Activity at the Federal Trade Commission," ABA Antitrust Section Spring Meeting, The Agencies' 2004 Report on Improving Health Care: Comments on the Report and Its Aftermath, March 2005
  • "Vertical Restraints: Federal and State Enforcement of Vertical Issues," ALI-ABA Course of Study, Product Distribution and Marketing, New Orleans, LA, March 2005
  • "Advertising and Unfair Competition: Federal and State Enforcement," ALI-ABA Course of Study, Product Distribution and Marketing, New Orleans, LA, March 2005
  • "Cooperative Federalism in the Enforcement of Antitrust and Consumer Protection Laws," Remarks at Federal Trade Commission 90th Anniversary Symposium, September 2004
  • "Vertical Restraints: Federal and State Enforcement of Vertical Issues," ALI-ABA Course of Study, Product Distribution and Marketing, Scottsdale, AZ, March 2004
EDUCATIONAL BACKGROUND

1984 – J.D., Indiana University School of Law
1981 – B.M., with distinction, Indiana University School of Music

Pamela is licensed to practice in New York and the District of Columbia.

BAR AND COURT ADMISSIONS
  • District of Columbia
  • New York






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