
Jessica C. Engler, PLS, CIPP/US, CIPM
Partner Phone: 504.620.3361
Fax: 504.293.6809
Download VCard Print This Profile
"Jessica is a partner practicing in all aspects of intellectual property and data privacy and compliance. As lead of Kean Miller’s Data Privacy and Security Team, Jessica provides comprehensive IP and data-related legal solutions that leverage clients’ unique goals and safeguard their interests through designing protocols and advocacy, in and out of court, that mitigates risk across their organization and distinct market sector."
Her practice is both diverse and dynamic. She consistently delivers the business-oriented perspective and practical, real-world approach to problem-solving that results in actionable legal solutions reflective of each client’s distinct commercial objectives and the specific needs of the industry.
A trusted IP law strategist, advisor, and advocate, Jessica guides clients through all phases of IP ownership, monetization, and brand development and management. She navigates clients through owning and prosecuting, safeguarding, and leveraging valuable patents, trademarks, and copyrights and executes searches, licensing, enforcement, due diligence, and IP contracts. She works with clients on long- and short-term procurement and expansion strategies, as well as on matters that range from domain names and social media to brand marketing and advertising, to data privacy best practices and risk mitigation.
Jessica is a Privacy Law Specialist*, as designated by the International Association of Privacy Professionals (IAPP), where she is certified as both a Certified Information Privacy Professional: United States and Privacy Manager. She guides accounting firms, direct-to-consumer products, energy and utility companies, staffing agencies, and surveying services through breach-related prevention efforts, response, litigation, compliance, and third-party risk analysis. She conducts comprehensive analyses of privacy and security risks across various transactional matters that range from SaaS license negotiations to corporate restructurings.
Jessica is dedicated to ensuring her clients comply with regulatory requirements when negotiating agreements and addressing the pitfalls associated with information sharing and use. Jessica further navigates clients through information sharing and use during investigations, prepares clients for data privacy regulatory examinations, and responds to inquiries from legislative and administrative panels and state attorneys regarding privacy and data security matters. She also advises on affiliate marketing plans and third-party data sharing, outsourcing agreements, incident response plans and investigations, and strategies for customer service and media management. Jessica also performs gap analyses and risk assessments and designs policies and procedures to ensure privacy and data security across all company operations, including advising on red flags, privacy notices, privacy and data security programs, and employee education and training.
In the event litigation ensues Jessica defends clients in cases of data privacy violations in state and federal court litigation involving security breaches, cyber events, network intrusion investigations, consumer and regulatory notification, and contractual disputes related to information sharing, use, safeguarding, and disposal. She litigates privacy-related class actions and incident investigations and negotiates with government officials to ensure the best possible outcome for her client.
*The PLS, as recognized by the Texas Board of Legal Specialization, is one of 15 legal specialties accredited by the American Bar Association. The PLS designation certifies that a lawyer has met the rigorous experience and knowledge requirements to be considered a specialist in the area of Privacy Law. The IAPP is not or affiliated with any government or state bar authority.
- Management of data breach responses, including developing strategies to understand what happened, contain the incident, address compliance requirements, and minimize further damages and litigation.
- Representation of numerous clients in evaluating vendor management and evaluating data privacy risks through targeted software license and data processing addendum negotiations.
- Regularly advises clients on countless data security and privacy issues and regulatory schemes, including the EU General Data Protection Regulation, the California Consumer Privacy Act, the Children’s Online Privacy Protection Act, Gramm-Leach Bliley Act, the Federal Trade Commission Act, and assorted state regulations.
- Preparation of privacy policies and internal privacy management schemes for companies of all sizes in various industries.
Intellectual Property
- Defense of an independent clothing merchant against claims of trademark infringement, copyright infringement, and trademark dilution.
- Defense of clients in responding to cease and desist letters and litigation from both practicing and non-practicing entities (patent trolls).
- Representation of clients in unfair trade practice and trade secret misappropriation disputes.
- Prosecution for clients in numerous industries, including software applications, electrical devices and electronics, household and consumer-grade appliances, medical devices, oil field and natural gas field solutions, satellite communication mechanisms, and food service, among others.
- Prosecution of trademark applications before the United States Patent and Trademark Office.
- Prosecution of copyright applications before the United States Copyright Office.
- Representation of patent applications in appeals of examiner rejections before the Patent Trial and Appeal Board.
- Preparation of patent opinions of non-infringement and design-arounds.
- Counsels clients on Digital Millennium Copyright Act issues, including steps to be taken to be compliant with the DMCA Safe Harbor provisions.
- Drafting and negotiating software as a service agreements, software license agreements, nondisclosure agreements, patent licenses and assignments, copyright assignments, trademark co-existence agreements, and other intellectual property contracts.
Commercial Litigation
- Defense of customers and software vendor in breach of software license disputes.
- Representation of an ERP software licensee in a software implementation dispute.
- Defense of contractors, subcontractors, architects, and other professionals and negotiated resolutions in payment and construction disputes.
- Defending awards of state government contracts in public bid disputes and protests.
- Representation of a federal government contractor involved in an international arbitration concerning a payment dispute related to the construction of a United States embassy.
- LSU Law Center, J.D./D.C.L., 2013
- Founding Committee Member, Managing Editor, Volume 1, LSU Journal of Energy Law and Resources
- Associate Managing Editor, Volume 4, Journal of Civil Law Studies
- LSU, B.S., Engineering, 2010
- Louisiana
- Texas
- New York
- U.S. District Court for the Eastern District of Louisiana
- U.S. District Court for the Middle District of Louisiana
- U.S. District Court for the Western District of Louisiana
- U.S. Court of Appeals, Fifth Circuit
- U.S. Patent and Trademark Office
- "Ones to Watch," The Best Lawyers in America, 2021-2025
- Frank L. Maraist Award, Louisiana Association of Defense Counsel, 2021
- Leadership Class of 2021, New Orleans CityBusiness
- Member, New Orleans Bar Association
- Member, American Bar Association
- Member, Federal Bar Association
- Member, Louisiana Association of Defense Counsel
- Member, International Association of Privacy Professionals
- “Cyber and Physical Security of Energy Industry Infrastructure: Lessons Learned and What Lies Ahead,” 2024 Association of Corporate Counsel, Annual Meeting, October 7, 2024
- “2024 Data Security and Privacy Regulatory and Risk Management Update for Financial Services,” Southeastern Women in Financial Services Lunch and Learn, August 13, 2024
- "SEC Cybersecurity Reporting Requirements for Publicly Traded Companies Now in Effect," Texas Law Blog, October 3, 2023
- "Louisiana to Extend COPPA-esque Parental Permission Requirements for Social Media Use," Louisiana Law Blog, June 9, 2023
- "No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright," Louisiana Law Blog, May 19, 2023
- “It’s 10PM – Do You Know Where Your Personal Data Is?” Association of Corporate Counsel Energy Network Legal Update, May 17, 2023
- “The Rise of the Augmented Attorney,” Panelist, New Orleans Bar Association, March 9, 2023
- “Data Security and Privacy Law”, LSU Law Center Apprenticeship Week, January 2023
- “Ethical Considerations for Technology Innovations in the Legal Practice,” Lafayette Bar Association, December 19, 2022
- “Data Management and Security for the Courts and Litigators,” Louisiana Association of Defense Counsel, December 2, 2022
- “From Koozies to Concert Holograms: Estate Planning and the New Allen Toussaint Legacy Act,” New Orleans Estate Planning Council, September 19, 2022
- “New Allen Toussaint Legacy Act Creates a Right of Publicity in Louisiana,” Intellectual Property Law Blog, June 28, 2022
- “Law & Tech Talk: Preparing Business for the Fallout from Cyberwarfare,” Panelist, New Orleans Bar Association Technology Law Committee CLE, March 8, 2022
- “Russia – Ukraine Conflict Likely to Impact U.S. Businesses,” Louisiana Law Blog, February 28, 2022
- “This is (Cyber) War: Why Cybersecurity is Critical to the Practice and Profession of Law," Judge Alvin Rubin Symposium, Federal Bar Association – New Orleans Chapter, July 21, 2021
- “Satanic Panic? Trademark Law’s Collision with the First Amendment," Intellectual Property Law Blog, April 9, 2021
- “The Trademark Modernization Act of 2020 Adds New Tools to Fight Unused Trademarks and Implied Presumptions for Trademark Infringement Plaintiffs,” Intellectual Property Blog, January 15, 2021
- “A Work from Home or In Office Essential: Cyber Insurance,” Louisiana Law Blog, July 7, 2020
- “When Pivoting Your Business, Don’t Leave Your Privacy Policy Behind,” Intellectual Property Blog, May 1, 2020
- “Cybersecurity Considerations for an Increasingly Remote Workforce,” Louisiana Law Blog, April 6, 2020
- “HIPAA Privacy Rule Regulatory Response to COVID-19,” Louisiana Law Blog, March 22, 2020
- “Protecting Your Business & Employees From the Impact of COVID-19,” Co-presenter, Kean Miller Webinar, March 19, 2020
- “First Steps in Starting Your Data Privacy Law Practice,” For the Defense, October 2019
- “Data Breach One Year Later: Louisiana’s Database Security Breach Notification Law 2.0,” Louisiana Bar Journal, August/September 2019
- “Sixth Circuit Opinion Highlights the Importance of Indemnity Clauses and Consequential Damages Waivers in Data Vendor Agreements,” Louisiana Law Blog, June 17, 2019
- “2019 Data Security and Privacy Law Update,” IAPP and New Orleans Bar Association CLE, May 30, 2019
- “Using Social Media Influencers or Employees to Tout Your Business? Make Sure They Follow the Rules,” Louisiana Law Blog, December 26, 2018
- “New Canadian Breach Notification and Reporting Requirements are Now in Effect,” Louisiana Law Blog, November 12, 2018
- “Data Breach Notification 2.0: Updates to Louisiana’s Breach Notification Laws,” Kean Miller Hospitality Forum, New Orleans, October 2018
- “Louisiana Governor Signs Significant Changes to Louisiana’s Database Security Breach Notification Law,” Louisiana Law Blog, May 29, 2018
- Former Board Member, Sexual Trauma Awareness and Response
loading ...