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mecallahan@hhlaw.com

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Mary Ellen Callahan
Partner, Washington, D.C.

Mary Ellen Callahan practices in the areas of antitrust law, consumer protection, and litigation. She counsels online companies, trade associations, and other corporations and represents them before government agencies on a wide range of antitrust, e-commerce, and privacy-related issues.

Mary Ellen has extensive experience working with multinational companies on a variety of privacy and security issues, including companies' policies (terms and conditions, privacy policies, and security policies) and wide-scale audits of clients' privacy and security policies as they relate to relevant federal and state legislation. For example, Mary Ellen counsels on online and offline marketing issues generally; drafts Web site privacy policies and terms of use; helps create and implement privacy and security-related compliance strategies and programs; and counsels corporations, associations, and other organizations on various e-mail compliance issues with regard to existing laws, best practices, and conducting both effective and legally compliant e-mail marketing campaigns.

Mary Ellen has written numerous comments on behalf of clients such as the Motion Picture Association of America and the Online Publishers Association on rulemaking related to the U.S. Federal Trade Commission (FTC) on CAN-SPAM, Children’s Online Privacy Protection Act, and related issues.

Mary Ellen assisted a group of consumer-oriented health Web sites to develop self-regulatory standards to govern their privacy practices and is assisting a group of network advertising companies to develop self-regulatory principles to govern their information collection practices. She is counsel, and Co-chair, to the Online Privacy Alliance, a self-regulatory group of corporations and associations to create an environment of trust and foster the protection of individuals’ privacy online.

Mary Ellen represents clients before the FTC, the Antitrust Division of the U.S. Department of Justice, and State Attorneys General on antitrust issues and regarding possible violations of the FTC Act. She has represented several companies during merger investigations by the U.S. federal antitrust agencies, including a major gaming company, technology companies, and entertainment enterprises. In addition, she advises joint ventures on competitive issues, primarily in the entertainment and recorded music industries. Mary Ellen also represents companies during investigations by the U.S. federal antitrust agencies of alleged anti-competitive behavior. She has conducted numerous internal audits and investigations into activities of publicly traded and private corporations, including a widespread investigation and analysis of wholesale pricing practices by a major recorded music company, an analysis of pricing practices by a national energy company, and a general audit of policies and practices of a large technology company.

Mary Ellen has been involved in the representation of litigation clients in federal and state courts in the District of Columbia, and in federal court in Virginia and New York. Her experience includes litigation involving the state regulatory proceedings necessary to obtain approval for a major telecommunications merger, as well as First Amendment claims, representation of a Fortune 500 company in a challenge to federal telecommunications laws, and representation of local residents in a challenge to local Internet access regulations.

Prior to law school, Mary Ellen worked at the Congressional Research Service of the Library of Congress as part of the Special Task Force on the Development of Parliamentary Institutions in Eastern Europe.

Hogan & Hartson Publications
02.13.2009 "FTC Releases Final Principles on Behavioral Advertising." Privacy Update, Hogan & Hartson LLP

02.03.2009 "Privacy & Data Security Briefing: Issue 7." Privacy & Data Security Briefing, Hogan & Hartson LLP

12.12.2008 "Sony BMG Music Pays $1 Million Fine to Settle COPPA Charges." Privacy Update, Hogan & Hartson LLP

12.04.2008 "Privacy & Data Security Briefing: Issue 6." Privacy & Data Security Briefing, Hogan & Hartson LLP

10.23.2008 "FTC Delays Enforcement of FACT Act Red Flag Rules." Privacy Update, Hogan & Hartson LLP

10.06.2008 "Privacy & Data Security Briefing: Issue 5." Privacy & Data Security Briefing, Hogan & Hartson LLP

08.28.2008 "Microsoft Internet Explorer 8 InPrivate Browsing May Affect Online Activities." Privacy Update, Hogan & Hartson LLP

08.20.2008 "FCC Orders Comcast to Stop Unreasonable Network Management Practices." Privacy Update, Hogan & Hartson LLP

08.20.2008 "FACT Act Affiliate Marketing Rules Compliance Date Approaching; Rules Can Apply to More Than Just Financial Service Providers." Privacy Update, Hogan & Hartson LLP

08.05.2008 "Privacy & Data Security Briefing: Issue 4." Privacy & Data Security Briefing, Hogan & Hartson LLP

06.20.2008 "readN yr wrker b's txt msgs may gt u N2 ht H20 (Reading Your Employees' Text Messages May Get You Into Hot Water)." Privacy Update, Hogan & Hartson LLP

06.04.2008 "Privacy & Data Security Briefing: Issue 3." Privacy & Data Security Briefing, Hogan & Hartson LLP

05.19.2008 "CAN-SPAM Discretionary Rule Released." Privacy Update, Hogan & Hartson LLP

04.04.2008 "Privacy & Data Security Briefing: Issue 2." Privacy & Data Security Briefing, Hogan & Hartson LLP

02.05.2008 "Privacy & Data Security Briefing: Issue 1." Privacy & Data Security Briefing, Hogan & Hartson LLP

02.05.2008 "FTC Reviewing Green Guides." Focus On: Climate and Clean Energy, Hogan & Hartson LLP

12.21.2007 "FTC Staff Releases Draft Online Behavioral Advertising Privacy Principles for Comment." Privacy Update, Hogan & Hartson LLP

11.09.2007 "FTC Examines Behavioral Advertising at Town Hall Meeting." Privacy Update, Hogan & Hartson LLP

03.21.2007 "Federal Agencies Propose New Gramm-Leach-Bliley Notice." Privacy Update, Hogan & Hartson LLP

02.14.2007 "Federal Reserve Changes Affects Authorization Requirements for Recurring Electronic Payments." Privacy Update, Hogan & Hartson LLP

01.31.2007 "Law Enforcement Settlement With Advertisers That Relied on Another Company's Deceptive Adware Programs to Deliver Ads." Privacy Update, Hogan & Hartson LLP

09.13.2006 "FTC Announces Imposition of $1 Million Civil Penalty Against Social Networking Site for Violations of Children's Online Privacy Protection Rule." Privacy Update, Hogan & Hartson LLP

12.17.2004 "FTC Defines the "Primary Purpose" of Commercial E-mails." Privacy Update, Hogan & Hartson LLP

Published Works
January 2009 "Microsoft Internet Explorer 8 InPrivate Browsing May Affect Online Activities." Privacy & Data Security Law Journal

09.01.2008 "Compliance Deadline for FTC’s Identity Theft Provision Fast Approaching." AHA News, Vol. 44, No. 18

September 2008 "Reading Your Employees' Text Messages May Get You Into Hot Water." Privacy Tracker, Vol. 1, No. 6, International Association of Privacy Professionals

July 2008 "CAN-SPAM Discretionary Rule Released." Privacy & Data Security Law Journal

May 2008 "Privacy & Data Security Law Update." Privacy & Data Security Law Journal

PRACTICES/INDUSTRIES
Antitrust, Competition, and Consumer Protection
Litigation
Privacy
Antitrust Litigation
AREAS OF FOCUS
  • Advertising and Consumer Protection
  • Internet Law
EDUCATION
J.D., The University of Chicago, The Law School, 1997 B.Phil., magna cum laude; Truman Scholar, University of Pittsburgh, 1990
MEMBERSHIPS
  • Vice Chair, Privacy and Information Committee, Antitrust Section, American Bar Association 
  • Education Advisory Board Member, International Association of Privacy Professionals (IAPP), 2006-2008 
  • Co-Chair, Online Privacy Alliance
  • Member, American Bar Association
  • Member, District of Columbia Bar Association
  • Treasurer, University of Pittsburgh Alumni Association
AWARDS/RANKINGS
  • Chambers USA, Privacy and Data Security, 2007-2008
  • Legal 500 US, Technology: Data Protection and Privacy, 2007-2008
BAR ADMISSIONS District of Columbia New York
COURT ADMISSIONS U.S. Court of Appeals, District of Columbia Circuit U.S. District Court, District of Columbia U.S. Supreme Court
LANGUAGES French Russian