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Kate M. Growley, CIPP/G, CIPP/US

Counsel

kgrowley@crowell.com
Phone: +1 202.624.2698
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Kate M. Growley (CIPP/US, CIPP/G) is a counsel in the Washington, D.C. office of Crowell & Moring. She is a member of the Steering Committee for the firm's Privacy & Cybersecurity Group, while working closely with the firm's Government Contracts and Litigation groups. Her practice covers a wide range of information security counseling and litigation engagements, including cybersecurity compliance, incident response, regulatory investigations, and disputes surrounding data breaches and trade secrets.

Kate is a Certified Information Privacy Professional for both the U.S. private and government sectors by the International Association of Privacy Professionals (IAPP). She has been named a “Rising Star” by both Law360 (2018) and the American Bar Association's Science & Technology Section (2016). Kate serves as co-chair of the ABA Public Contract Law Section’s Cybersecurity, Privacy, & Data Protection Committee, as well as the Science & Technology Section's Homeland Security Committee. Kate also sits on PubK Law’s Advisory Board, advising on cybersecurity issues for government contractors. Most recently, Kate was inducted as a Fellow of the American Bar Foundation.

Kate received her J.D. from the University of Virginia School of Law, where her studies focused on national security. Prior to law school, she graduated first in her class from Florida State University, summa cum laude with honors.

Cybersecurity for Government Contractors

Kate maintains a robust cybersecurity practice focused on the government contracting community, particularly those working with the Department of Defense. Her recent engagements address issues including:

  • Crafting and implementing strategies to comply with DFARS 252.204-7012, including the drafting of system security plans (SSPs) and plans of action & milestones (POAMs).
  • Assessing whether, when, and how to report cyber incidents under DFARS 252.204-7012, and responding to customer "damage assessment" media requests.
  • Understanding and negotiating cloud service provider agreements under DFARS 252.204-7012 and DFARS 252.239-7010.
  • Complying with basic safeguarding requirements under FAR 52.204-21 and privacy training requirements under FAR 52.224-3, as well as NIST SP 800-171 and NIST SP 800-53.
  • Assessing and complying with security obligations under the NISPOM, Privacy Act, and FISMA.
  • Evaluating and managing insider threat and supply chain risks, including potential disclosures.
  • Evaluating entry into the Defense Industrial Base (DIB) Cybersecurity Information Sharing Program.
  • Advising on jurisdictional and accessibility issues related to data hosting, including the Fourth Amendment and Foreign Intelligence Surveillance Act (FISA).
  • Negotiating voluntary use of government investigation and hunt teams, including with the Department of Homeland Security (DHS), Federal Bureau of Investigation (FBI), National Security Agency (NSA), and Missile Defense Agency (MDA).
  • Advising on cybersecurity concerns in pre-award contractual negotiations at both the federal and state levels.

Incident Response

On a daily basis, Kate is helping clients manage and respond to cyber incidents. Her practice covers the full incident lifecycle from tailoring incident response plans to finalizing formal notifications. Her work frequently involves close engagement with in-house and third-party forensics firms, as well as regulatory and business stakeholders. Example engagements include:

  • Represented major technology company in assessing and responding to well-publicized security incident, including assessments of global customer notification obligations and litigation exposure, as well as extensive cooperation with U.S. and foreign law enforcement.
  • Advised national professional services firm in responding to and analyzing legal implications of network compromise potentially linked to an insider threat.
  • Assisted large manufacturer in responding to security incident stemming from Internet-connected devices provided by third parties, including assessments of potential legal liabilities and assistance with government agency investigations.
  • Counseled major technology services provider in assessing customer notification obligations associated with large exfiltration of company data to a foreign nation.
  • Advised international manufacturer regarding crisis management strategy in response to security vulnerability disclosure.
  • Counseled global manufacturer in assessing legal obligations stemming from globally-publicized ransomware attack.
  • Represented non-government organization in investigating and remediating security incident implicating personally identifiable information (PII), as well as leading required individual and state Attorney General notifications.
  • Led large research organization’s response to ransomware incident, including forensic investigation, assessment of customer and employee notification obligations, and regulator outreach.

Investigations, Litigation, and Arbitration

In addition to her counseling practice, Kate maintains a steady docket of dispute resolution matters. Her engagements include:

  • Represented multiple health care plans in regulatory investigations instituted by The Department of Health & Human Services Office of Civil Rights in response to privacy and security incidents.
  • Represented large non-profit organization and technology services provider in response to state Attorney General inquiries stemming from security incidents.
  • Defended health care system in complex class actions stemming from security incident potentially affecting over 4.5 million individuals.
  • Defended former federal official regarding Bivens liability stemming from post-9/11 PENTTBOM investigation at the trial level and on appeal, including before the Supreme Court of the United States in Ziglar v. Abbasi.
  • Defended acting foreign official from allegations of terrorism.
  • Pursued indemnification claim under Public Law 85-804 on behalf of major defense contractor.
  • Defended insurer against complex cyber coverage claims brought by insured.
  • Defended Medicare Advantage organization at both the trial and appellate levels in dispute brought by multiple health providers over the exhaustion of administrative remedies.
  • Represented international hospitality company in federal litigation and related arbitration regarding claims of unfair competition and misappropriation of trade secrets.
  • Represented software service provider in arbitration regarding contractual and unauthorized access claims, including those brought under the Computer Fraud & Abuse Act (CFAA).

Privacy and Cybersecurity Counseling

Kate also regularly counsels clients on a variety of privacy and information security issues, including:

  • Artificial intelligence (AI) and big data
  • Autonomous vehicles (AVs)
  • Cloud migration and other digital transformation initiatives
  • Europe’s General Data Protection Regulation (GDPR)
  • Family Educational Rights and Privacy Act (FERPA)
  • Health Insurance Portability and Accountability Act (HIPAA)
  • Internet of Things (IoT), including California and Oregon state law
  • New York’s Department of Financial Services (DFS) Cybersecurity Requirements
  • Payment Card Industry Data Security Standard (PCI DSS)
  • Penetration testing
  • UAS/UAV (“drone”) regulations

Education

  • Florida State University, B.A. (2008) summa cum laude with honors
  • University of Virginia School of Law, J.D. National Security Law (2011)

Affiliations

Admitted to practice: District of Columbia and Virginia; U.S. Supreme Court

View More

"Cybersecurity Maturity Model Matures: DoD Adds New Requirements to Draft Cybersecurity Certification," Government Contracts Bullet Points (September 10, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Maida Oringher Lerner, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
"Supply Chain Perspectives — Connecting the Dots on Supply Chain Security and Risk Management," Government Contracts Bullet Points (August 22, 2019). Contacts: Peter Eyre, Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Judy Choi, Paul Freeman, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
"Privacy & Cybersecurity – New York Enacts the SHIELD Act," Crowell & Moring's International Trade Law (August 20, 2019). Authors: Jarno Vanto, Evan D.Wolff, Kate M. Growley, CIPP/G, CIPP/US and Brandon C. Ge.
Publication
"New York Enacts the SHIELD Act," Privacy Law Alert (August 20, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Brandon C. Ge, Jarno Vanto
Client Alert/Newsletter
"Under the Wire: FAR Council Announces Interim Rule to Implement NDAA Procurement Ban on Huawei and Other Chinese Telecommunications Equipment," Government Contracts Bullet Points (August 13, 2019). Contacts: Adelicia R. Cliffe, Paul Freeman, Alan W. H. Gourley, Kate M. Growley, CIPP/G, CIPP/US, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
"Uncontrolled Information: DoD Audit Finds Contractor Lapses in Protecting Controlled Unclassified Information ," Government Contracts Bullet Points (August 2, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Maida Oringher Lerner, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
"NIST Publishes Cybersecurity Framework Smart Grid Profile," Energy Law Alert (July 29, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Matthew B. Welling
Client Alert/Newsletter
"DCMA Revises Cyber Supply Chain Review: Updated Guidebook Modifies Audit Standards," Government Contracts Bullet Points (July 16, 2019). Contacts: Evan D. Wolff, Nicole Owren-Wiest, Maida Oringher Lerner, Kate M. Growley, CIPP/G, CIPP/US, Michael G. Gruden, CIPP/G
Client Alert/Newsletter
"NIST Extends Comment Period for Two New Drafts," Crowell & Moring's Data Law Insights (July 15, 2019). Authors: Kate M. Growley, CIPP/G, CIPP/US and Allegra K. Flamm.
Publication
"These Are a Few of Our Favorite IoT: NIST Finalizes Internet of Things Cyber Guidance," Government Contracts Bullet Points (July 2, 2019). Contacts: Kate M. Growley, CIPP/G, CIPP/US, Cheryl A. Falvey, Evan D. Wolff, Peter B. Miller, CIPP/G/US/E, CIPM, CIPT, Michael G. Gruden, CIPP/G
Client Alert/Newsletter

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