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Kathryne M. Morris

Member
Office

Dallas

901 Main Street
Suite 6000
Dallas, TX 75202
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Fax: 214.659.4028
Education
J.D., Dedman School of Law, Southern Methodist University, Dallas, Texas, 2008, Don Smart Directed Research Award, 2008
B.A., magna cum laude, Southern Methodist University, Dallas, Texas, 2001, Honor’s Program
State Bar Licenses
Texas
Court Admissions
U.S. District Ct., E.D. of Texas
U.S. District Ct., N.D. of Texas
U.S. District Ct., S.D. of Texas
U.S. District Ct., W.D. of Texas

Kathryne M. Morris

Member

Kathryne (“Kate”) M. Morris is a privacy and technology lawyer whose practice focuses on technology transactions, e-commerce, outsourcing, consulting, and professional services, as well as other agreements and mergers and acquisitions where technology, privacy and data protection issues are critical.  Kate is also a Certified Information Privacy Professional—United States (CIPP/US) and Europe (CIPP/E) through the International Association of Privacy Professionals.

Kate helps clients identify, evaluate, secure and manage their information security risks and intellectual property.  She advises a wide range of businesses, energy providers, retail companies, financial institutions, and other organizations regarding cloud computing, e-commerce platforms, and mobile applications. In connection with this representation, Kate routinely leads due diligence and negotiations associated with information technology and business process outsourcing agreements, including enterprise-wide cloud migrations for companies and their affiliates.

Additionally, Kate is well-versed in handling data security incident response and complex commercial litigation matters, including disputes over copyrights and trademarks, software licensing, breaches of commercial contracts and fraud, among other issues and claims.

Kate is also a frequent speaker and writer on technology issues related to electronic discovery, data preservation, social media, and data privacy and security.

EXPERIENCE

PRIVACY, DATA SECURITY & INFORMATION USE

  • Provide strategic counsel to clients regarding data protection, collection, use, and disclosure practices.
  • Prepare online privacy notices and terms of use.
  • Provide counsel on legal and ethical issues in social media and internet marketing, including online behavioral advertising.
  • Advise online content providers on compliance with federal and state law, including but not limited to the Federal Trade Commission Act (FTC Act), the Electronic Communications Privacy Act (ECPA), the Child Online Privacy and Protection Act (COPPA) and Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act).
  • Counsel clients on compliance with technology industry standards (e.g. ISO 27001/27002, PCI-DSS).
  • Perform privacy and data security due diligence and assessments.
  • Respond to issues arising from data breach incidents

LICENSING & TECHNOLOGY

  • Negotiate and draft information technology agreements, including software as a service (SaaS), hosted services, cloud storage, support and help desk, licensing and maintenance, online payment vendor agreements, and other IT consulting and service agreements.
  • Represented film production company in negotiating andædrafting an appearance release, a location release, a certificate of Work for Hire, nondisclosure agreement and assignment.
  • Represented a publically-held corporation in negotiating and preparing a Trading Partner Agreement for Electronic Data Interchange.
  • Assisted a multiple companies with formation of online payment portals by negotiating service agreements and preparing Terms of Use and Privacy Policies.
  • Advised a start-up company regarding the development of its electronic payment product.
  • Conducted e-commerce compliance, including electronic and digital signatures, electronic contracting, and electronic payment systems.

COPYRIGHT, TRADEMARK & DOMAIN NAME

  • Advise clients on transactional issues surrounding copyrights, trademarks and related matters including issues such as the right of privacy, right of publicity, defamation and domain name registration.
  • Assist clients with trademark registration, searching for available trademark, analyzing and investigating potentially conflicting marks, and preparing and filing applications for state and federal trademark registration.
  • Assist clients with resolving domain name disputes.
  • Assist as co-counsel in complex intellectual property cases before federal district courts, developing legal theories, drafting briefs and other court papers in disputes involving copyright infringement, and trademark infringement and dilution.
  • Prosecute and defend online defamation claims.
  • Resolve take-down disputes under the Digital Millennium Copyright Act (DCMA).

GENERAL LITIGATION 

  • Successful defense of class certification against a national retail corporation in a case involving alleged breaches of warranties and fraud.
  • Successful defense of class certification in claims against national grocer alleging fraud in connection with measurement of retail fuel sales.
  • Favorable defense of an LLC and majority member from claims arising from breach of a non-compete agreement.
  • Successful defense a non-profit foundation breach of fiduciary duty and contracts.
  • Defeated a class certification against a national retail corporation in a case involving alleged breaches of warranties and fraud.

Presentations

  • Ethics Jeopardy!, Dallas Bar Association (March 2018)
  • Lawyers in Cyberspace: A Survey of Ethics in Data Security, Dallas Bar Association (February 2018)
  • Vendors & Data Breaches: Your Partnersæare also Security Threats, Strasburger Business & Law Forum (November 2017)
  • Coming Out of Shadow IT: Lighting Up Data Security, Texas Association of Bank Counsel (September 2017)
  • All Things Data Privacy, Dallas LGBT Association (May 2017)
  • Business Legalities: Focus on IT Outsourcing, US-Mexico Chamber of Commerce Annual Global Fusion Summit (April 2017)
  • Twenty Things I Wish I Knew As a Young Lawyer, Dallas Bar Association (March 2017)
  • Social Media and Cybersecurity in the Workplace, Texas Society for Healthcare Human Resources Annual Conference (November 2016)
  • The Proof is in the Pudding, Dallas Young Lawyers Association (September 2016)
  • Tech Talk: Data Privacy and Security, Texas Housing Authority Conference (August 2016)
  • eDiscovery 2015 Federal Rules Changes, State Bar of Texas (May 2016)
  • Hot Stuff: An Update on Data Security and Privacy, Strasburger Business & Law Forum (May 2016)
  • Legal Obligations and Student Safety in the Virtual World, Region 10 Education Law Forum (March 2016)
  • The Proof is in the Pudding, Dallas Young Lawyers Association (September 2015)
  • Ethical Issues in Social Media,æ37th Annual Advanced Real Estate Course, State Bar of Texas (July 2015)
  • Welcome to the Practice of Law,æTransition to Law Practice Program, Dallas Bar Association (February 2015)

Publications

  • Texas Ethics Opinion Weighs In On Online Investigative Research, Strasburger Intellectual Property Law Blog (March 2018)
  • SEC Updates Guidance on Cybersecurity Disclosures, Strasburger Intellectual Property Law Blog (February 2018)
  • The CFPB Issues First Data Security Consent Order, Strasburger Intellectual Property Law Blog (April 2016)
  • FTC Scrutinizes Payment Card Data Security, Strasburger Intellectual Property Law Blog (March 2016)
  • FTC Loses Data Security Case, Strasburger Intellectual Property Law Blog (November 2015)
  • Co-author. High-Tech Tools for New World Problems, Texas Lawyer. Subscription required. (October 2015)
  • Federal Trade Commission Given Power to Police Cybersecurity, Strasburger Intellectual Property Law Blog (Augustæ2015)
  • Mitigating Damages in the Wake of Another Marriott Data Breach, Strasburger Intellectual Property Law Blog (April 2015)
  • Jim Cowles Selected for 2015 DBF Fellows Justinian Award, Dallas Bar Association Headnotes: ADR/Trial Skills (February 2015)
  • President Obama Issues CyberSecurity Information Sharing Executive Order, Strasburger Intellectual Property Law Blog (February 2015)
  • Swipe Out! Chip 'n' PIN In, Strasburger Intellectual Property Law Blog (December 2014)
  • Recasting Shareholder Oppression Claims in Texas - Ritchie v. Rupe, Strasburger Trial & Error: Tips For Trial Lawyers Blog (June 2014)

Media

Awards/Achievements
Named Texas Super Lawyers Rising Star by Thomson Reuters (2014-2018)
Phi Beta Kappa
Membership
Texas Bar Foundation, Fellow
Dallas Bar Association, Board of Directors (2016-2018), Transition to Law Practice Program, Mentor (2014-2017), Morris Harrell Professionalism Committee, Board Liaison (2018), Science & Technology Section, Board Liaison (2018)
Dallas Bar Association, Legal Ethics Committee, Board Liaison (2016, 2018), Equal Access to Justice Campaign, Co-Chair¾ (2018), Equal Access to Justice Campaign, Co-Vice Chair (2017), Transition to Law Program, Chair¾(2015, 2016)
Dallas Bar Association, Franchise and Distribution Section, Board Liaison (2016), Morris Harrell Professionalism Committee, Co-Chair¾(2015), Morris Harrell Professionalism Committee Co-Vice-Chair (2014)
DBA Community Service Fund, Board of Directors (2018)
The Sedona Conference, Working Group 11 on Data Security and Privacy Liability, Member, Legal Issues in Cloud Computing Brainstorming Group, Member
Dallas Bar Foundation, Fellow
Dallas Association of Young Lawyers Foundation, Fellow
Patrick E. Higginbotham American Inn of Court, Barrister
William "Mac" Taylor American Inn of Court, Barrister
Dallas Women Lawyers Association, Board of Directors (2017, 2018), Mentor, DWLA/DAYL Mentoring Circles Program (2016-2018)
The Cary Council, Southwestern Medical Foundation, UT Southwestern Medical Center, Charter Member, Steering Committee, Member, Recruiting Committee, Co-Chair
Dallas Women's Foundation, Grants Review Committee (2015, 2016)
Dallas Association of Young Lawyers, Leadership Class (2012)