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- Home
- Professionals
- Elizabeth H. Canter
Libbie Canter has experience representing a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, with special expertise in advising those in highly-regulated sectors, including financial services companies and pharmaceutical and medical device manufacturers.
She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations. As part of her practice, she regularly represents clients in commercial transactions relating to content distribution and those involving personal data and cybersecurity risk.
- Advised a major technology and consumer electronics company and two of the largest advertisers in the world on global privacy assessments. For one client, the privacy assessment culminated with the development of a privacy-by-design program and governance system and updated privacy policies that were translated ultimately into more than 70 languages.
- Provides ongoing privacy and data protection counsel to a number of financial services companies, including on compliance with the Gramm-Leach-Bliley Act, and other U.S. privacy laws.
- Provides ongoing counsel to pharmaceutical and medical device manufacturers and other health industry clients in relation to use of mobile applications and other digital platforms.
- Advises television industry clients on negotiating retransmission consent and digital distribution agreements, as well as in connection with strategic transactions. Ms. Canter advised what was then Gannett Co., Inc. on its $2.2 billion acquisition of Belo Corp. She also advised Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash.
- Counsels clients on data security breaches, including compliance with notification requirements and advice regarding possible regulatory enforcement actions, and developing cyber security and incident response policies and programs.
Pro Bono
- Represents non-profit organizations on managing privacy and cybersecurity risks.
- Represented plaintiffs in a putative class action against the United States Postal Service for failure to provide reasonable accommodations to deaf postal workers.
- Counseled trade group on constitutional issues in connection with FCC proceeding.
- Represented inmate in parole hearing before the U.S. Parole Commission.
- Represented employee in connection with employment discrimination and retaliation suit filed in federal court; obtained favorable settlement for client.
- Drafted amicus brief to the U.S. Supreme Court on validity of federal criminal statute under the Commerce Clause.
Memberships and Affiliations
- Federal Communications Bar Association
Previous Experience
- Research Assistant and Acting Legislative Assistant for U.S. Senator Timothy P. Johnson (D - S.D.) from 2003-2005 on banking and telecommunications issues.
September 1, 2020, Inside Privacy
The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020. Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using ...
August 18, 2020, Inside Privacy
Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business ...
August 13, 2020, Inside Privacy
Today, the California Senate Judiciary Committee will consider AB 1281, which would extend the California Consumer Privacy Act’s (CCPA) business-to-business and employment exemptions until January 1, 2022, in the event that the pending ballot initiative—which also would extend the exemptions—does not pass this November. In addition, the Committee will consider ...
August 6, 2020, Covington Alert
On July 16, 2020, the Court of Justice of the European Union struck down the EU-U.S. Privacy Shield (“Privacy Shield”) in the Schrems II decision. Even though Schrems II invalidated the Privacy Shield with immediate effect as a matter of EU law, U.S. regulators swiftly indicated that they will continue to administer the Privacy Shield and that self-certified ...
June 22, 2020, Covington Alert
On June 1, California Attorney General Xavier Becerra announced that he has submitted to the Office of Administrative Law the final regulations implementing the California Consumer Privacy Act (“CCPA”). While the final regulations do not make any changes to the second modified version of the regulations released in March, the commentary released by the Attorney ...
June 4, 2020, Med City News
Libbie Canter is quoted in Med City News regarding the privacy concerns for employers seeking to track employees in order to limit the spread of COVID-19. Ms. Canter says when it comes to contact tracing and location monitoring, companies should be cautious in the questions they ask and how much data they collect. She adds, “Companies need to think about not ...
June 3, 2020, Inside Privacy
The California Attorney General (“AG”) has submitted his proposed final CCPA regulations to the California Office of Administrative Law (“OAL”). The proposed final rules substantively are the same as the draft rules released for public notice on March 11, which we summarized previously here. However, the AG’s responses to comments and Final Statements of ...
May 15, 2020, Inside Privacy
On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it...… Continue ...
US lawmakers propose temporary COVID-19 privacy law
May 12, 2020, Global Data Review
Libbie Canter is quoted in Global Data Review regarding a bill that would regulate contact-tracing apps and similar projects geared towards tracking the spread of COVID-19. Ms. Canter says the bill is narrow in scope, but where it does apply, the protections are stronger than those offered by state laws like the CCPA. She raises questions about how the bill ...
May 1, 2020, Covington Digital Health
Senate Commerce Committee Chairman Roger Wicker is working on draft legislation that would regulate the collection and use of health and location information in connection with efforts to track and limit the spread of COVID-19. Some key highlights of the tentatively titled “COVID-19 Consumer Data Protection Act” include: For the duration of the public ...
May 1, 2020, Inside Privacy
Senate Commerce Committee Chairman Roger Wicker is working on draft legislation that would regulate the collection and use of health and location information in connection with efforts to track and limit the spread of COVID-19. Some key highlights of the tentatively titled “COVID-19 Consumer Data Protection Act” include: For the duration of the public ...
April 8, 2020, Covington Alert
As the world moves online during the COVID-19 pandemic, companies’ privacy and security practices are coming under increased scrutiny. Because class actions often follow such scrutiny, as demonstrated by lawsuits recently filed against Google and Zoom, companies should keep the following six developments on their radar as they rush to meet the demands of our new ...
March 20, 2020, Inside Privacy
In response to the drastic increase of U.S. employees working remotely, the U.S. Federal Trade Commission (“FTC”) and the U.S. National Institute of Standards and Technology (“NIST”) have both issued guidance for employers and employees on best practices for teleworking securely. In addition, the Cybersecurity and Infrastructure Security Agency (“CISA”) has ...
March 18, 2020, Covington Alert
To assist companies that are developing technology solutions to help predict, mitigate or contain the spread of COVID-19, our cross-practice digital health team has put together a checklist of considerations to keep in mind. For additional guidance, please visit our COVID-19 Legal and Business Toolkit or reach out to us at COVID19@cov.com.
March 13, 2020, Inside Privacy
In the latest development in the CCPA saga, the California Attorney General has further modified the draft regulations implementing the California Consumer Privacy Act (“CCPA”). His office’s website posted clean and redlined versions of the new regulations (the “March draft regulations”). Below, please find a summary of some of the most notable changes: ...
March 10, 2020, Inside Privacy
Covington experts on issues as varied as supply chain and other commercial contracts, employment, and insurance are supporting companies on the commercial implications of Coronavirus COVID-19. But this blog post provides a brief overview of some of the key issues that privacy and cybersecurity professionals should have top of mind in dealing with response ...
Covington Assists Veritas Capital with $5 Billion Acquisition of DXC’s Health and Human Services Business
March 10, 2020
WASHINGTON—Covington is assisting Veritas Capital with its acquisition of DXC Technology’s U.S. State and Local Health and Human Services business in a deal valued at $5 billion. The transaction is expected to close no later than December 2020, subject to the satisfaction of customary closing conditions. DXC Technology’s U.S. State and Local Health and Human ...
August 2020
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...
February 11, 2020, Global Data Review
Libbie Canter is quoted in Global Data Review regarding the California Attorney General Xavier Beccera’s revisions to the California Consumer Privacy Act’s (CCPA) regulations. The revisions have left many businesses concerned and with unanswered questions. Ms. Canter says despite the revisions “ambiguities” remain for entities that collect data from third ...
January 16, 2020, Inside Privacy
While all eyes are on California following the implementation of the California Consumer Privacy Act (“CCPA”) earlier this month and the start of enforcement later this year, other states are off to the privacy races already. On Monday, Washington State became the latest entrant with the introduction of a revised Washington Privacy Act. From the...… Continue ...
January 2020
Covington has created a list of Top 10 Questions for Ideation of Digital Health Solutions that can help lawyers contribute to the digital health ideation process. Our clients increasingly apply agile product and business development methodologies when they are developing digital health solutions. "Ideation" is part of that process and involves the rapid ...
October 29, 2019, Covington Digital Health
This is the sixth of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process. Today’s video explores the question: what are the limits on how the data can be used and disclosed?… Continue Reading
IAPP: 'Sale' Under CCPA May Not Be as Scary as You Think
October 29, 2019
As the effective date of the California Consumer Privacy Act looms closer, companies are grappling with the significance of the law and its definitions. One defined term in particular, “sale,” has sparked heated debate between industry and consumer advocates, and even within the legal profession. While much has been said about this term, more needs to be said. ...
October 15, 2019, Covington Digital Health
This is the fourth of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process. Today’s video explores the question: what data will be needed to substantiate the offering?… Continue Reading
October 11, 2019, Covington Alert
On October 10, 2019, California state attorney general Xavier Becerra announced the release of proposed implementing regulations concerning the California Consumer Privacy Act (CCPA). Interested stakeholders can submit written comments until December 6, 2019 at 5 PM (Pacific Time). In addition, four public hearings will be held on December 2nd (Sacramento), ...
October 8, 2019, Covington Digital Health
This is the third of our video posts on 10 questions that can help lawyers contribute to the digital health ideation process. Today’s video explores the question: who will provide the data used in the offering?… Continue Reading
September 27, 2019, Covington Alert
Real estate developer Alastair Mactaggart is making news with the announcement of another privacy ballot initiative, the California Privacy Rights and Enforcement Act (“CPREA”). He intends to include his new initiative on the November 2020 ballot.
Covington Represents Bayer in $550M Sale of Coppertone™
May 13, 2019
NEW YORK—Covington advised Bayer in a definitive agreement to sell its Coppertone™ business to Beiersdorf AG, a provider of skin care products, for $550 million. Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. Its products and services are designed to benefit people by supporting efforts to overcome ...
April 5, 2019
WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...
July 3, 2018, Covington Alert
On June 28, 2018, the Governor of California signed the California Consumer Privacy Act of 2018 (“CCPA”). The new law is the most comprehensive data privacy statute in the United States and introduces significant privacy requirements for covered businesses. The CCPA takes effect on January 1, 2020, but based on comments from both the public-interest and business ...
January 24, 2018, Covington Alert
Digital advertising typically involves a vast network of publishers, advertisers and their agencies, advertising exchanges and networks, technology platforms, and measurement and data analytics providers. To help streamline the commercial dealings of all of these parties in this complex ecosystem, advertising industry self-regulatory groups have developed ...
December 15, 2017, Covington Digital Health
In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health ...
November 30, 2017
WASHINGTON—Covington represented Aristocrat Leisure Limited in its $990 million acquisition of Big Fish Games, Inc. This acquisition expands Aristocrat’s Social Gaming business into new game genres. Aristocrat is a global provider of gaming solutions. It offers a diverse range of products and services including electronic gaming machines and casino management ...
August 11, 2017
WASHINGTON—Law360 named Covington partners Elizabeth Canter and Shankar Duraiswamy to its list of “Rising Stars for 2017.” This annual recognition honors top attorneys under 40 “whose legal accomplishments transcend their age.” Ms. Canter advises multinational companies on privacy, cyber security, and technology transaction issues. She has special expertise in ...
Rising Star: Covington & Burling's Elizabeth Canter
August 2, 2017, Law360
Libbie Canter was named a "Rising Star" by Law360, recognizing her as a top lawyer under 40 in Privacy & Cybersecurity law. In its profile of Canter, Law360 highlights her advisory role on significant transactions, including Microsoft’s $8.5 billion acquisition of video call service Skype.
Covington Promotes 13 New Partners
October 3, 2016
WASHINGTON—Covington has promoted 13 lawyers to its partnership. “Our new partners reflect the excellence, strengths, and diversity of the firm and will play important roles in the firm for decades to come and will help drive our key practices to even greater success in the years ahead,” said Timothy Hester, Covington’s chair. The new partners, who are based in ...
5 Ways To Keep Cybersecurity Risk From Derailing A Deal
February 19, 2016, Law360
Mark Young and Libbie Canter are quoted in this Law360 article offering tips on how deal makers can mitigate cybersecurity risks. According to Young, any discovered incidents can give buyers pause on how — and if — they want to move forward. “We’ve dealt with at least a couple examples where deals were at least delayed if not reconsidered because of ...
Covington Tackles Vendor Cybersecurity Risks in New Book for Corporate Directors and Officers
October 13, 2015
WASHINGTON, DC, October 13, 2015 - Covington addresses the critical issue of how to manage risks associated with third-party outsourcing in Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers. Published in collaboration with Palo Alto Networks and the New York Stock Exchange, the book provides boards, executives and ...
October 2015, Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers
June 18, 2015
WASHINGTON, DC, June 18, 2015 — Covington advised Allergan plc in its acquisition of KYTHERA Biopharmaceuticals, Inc. for consideration having a fixed value of $75 per KYTHERA share, or approximately $2.1 billion, which will be paid 80 percent in cash and 20 percent in Allergan shares issued to KYTHERA shareholders. KYTHERA is a biopharmaceutical company ...
Covington Advises BBVA in Acquisition of Simple
February 20, 2014
NEW YORK, February 20, 2014 — Covington & Burling represented Banco Bilbao Vizcaya Argentaria, an international financial group based in Spain, in its acquisition of financial technology company Simple. The acquisition is part of BBVA's strategy to lead the technology-driven change that is transforming the financial services industry. According to Francisco ...
December 23, 2013
WASHINGTON, DC, December 23, 2013 — Covington & Burling represented Gannett Co., Inc. in obtaining Federal Communications Commission approval of its acquisition of Belo Corp. Completed today, the $2.2 billion transaction nearly doubles the broadcast television portfolio of Gannett. The Covington team was led by Jennifer Johnson with assistance from Kurt ...
September 30, 2013, Covington E-Alert
September 16, 2013, Inside Tech Media
The Federal Trade Commission will host a workshop on December 4, 2013 in Washington, DC to examine so-called “native advertising.” This term refers to the practice of blending advertisements with news, entertainment, and other content in digital media and is sometimes also referred to as “sponsored content.” As an FTC blog post explains, “[w]hatever the...… ...
Covington Secures Approval of Class Action Settlement for 6,000 Deaf and Hearing-Impaired Postal Workers
August 2, 2013
WASHINGTON, DC, August 2, 2013 — The U.S. District Court for the District of Columbia approved a precedent setting settlement earlier this week that will establish state-of-the-art reforms in the procedures and technology for delivering interpreter services to a nationwide class of 6,000 current and former deaf and hearing-impaired employees of the U.S. Postal ...
July 11, 2013, Inside Tech Media
Yesterday, the U.S. Senate Subcommittee on Consumer Protection, Product Safety and Insurance held a hearing entitled, “Stopping Fraudulent Robocall Scams: Can More Be Done?” The hearing takes place two weeks after the FTC celebrated the ten-year anniversary of the its implementation of the Do Not Call Registry and on the heels of the FTC’s recent...… Continue ...
Covington Advises Gannett in $2.2 Billion Deal with Belo
7/3/2013
WASHINGTON, DC, July 2, 2013 — Gannett Co., Inc. and Belo Corp. announced on June 13 that they have entered into a definitive merger agreement in which Gannett will acquire all outstanding shares of Belo for $13.75 per share in cash, or approximately $1.5 billion, and assume $715 million of Belo’s existing debt. Covington & Burling advised Gannett, the ...
December 22, 2012, Inside Tech Media
In response to recommendations by the mHealth Task Force, the Federal Communications Commission has launched a new website to serve as a central repository for the FCC’s health care-related work and is searching for a new position to coordinate the agency’s health care technology-related initiatives. Chairman Genachowski convened the FCC’s first mHealth Summit ...
December 19, 2012, Inside Tech Media
The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats. The tool provides consumers with tips that are customized for four different mobile operating systems. Many of tips focus on security-related topics. For instance, the tool ...
November 2, 2012, Inside Tech Media
Earlier this week, Google Inc. and Rosetta Stone Inc. settled their dispute over whether the sale of Rosetta Stone’s name to third parties for search-engine advertising constitutes an infringing use of Rosetta Stone’s trademark. Google’s AdWords advertising platform permits third parties to purchase “sponsored links” that are shown to users whose online ...
September 10, 2012, Inside Tech Media
A recent study conducted by the Online Publishers Association and Frank N. Magid Associates, Inc. studied how consumers were accessing content, such as video and news information, and otherwise spending time on their smartphones. “A Portrait of Today’s Smartphone User” reached the following conclusions: There are approximately 107 million smartphone users in ...
August 15, 2012, Inside Tech Media
Cable operators are turning to federal courts of appeal to challenge Federal Communications Commission activity relating to Section 616 of the Communications Act, which — along with the FCC’s implementing rules — prohibits vertically integrated cable operators from discriminating against unaffiliated cable networks. Comcast Appeals Carriage Decision to D.C. ...
August 8, 2012, Inside Tech Media
Last week, the Seventh Circuit found that copyright owners are unlikely to establish that a social bookmarking service is liable for contributory copyright liability, overturning a preliminary injunction granted by the district court. In an opinion by Judge Richard Posner, the court concluded that merely referring or linking users to an online location ...
July 20, 2012, Inside Tech Media
Last week, a federal district court declined to enjoin Aereo’s “Watch Now” streaming service pending the outcome of a full trial in the copyright infringement law suit filed by the major networks and broadcast stations serving the New York DMA against Aereo. The parties sought to enjoin Aereo from streaming their programming for the duration of the...… Continue ...
May 2, 2012
SAN FRANCISCO, May 2, 2012 — Covington & Burling LLP advised the University of California, Santa Cruz on the creation of a national, federally-financed bioinformatics database. The database will serve as a secure repository for storing, cataloging, and accessing cancer genome sequences, alignments, and mutation information from leading cancer-related projects ...
February 27, 2012, Covington E-Alert
Covington Advises Microsoft in $8.5 Billion Skype Deal
May 10, 2011
WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...
Covington Scores Significant Victory for Family Dollar
March 30, 2011
WASHINGTON, DC, March 30, 2011 — Covington & Burling LLP has secured an important victory in the U.S. Court of Appeals for the Fourth Circuit on behalf of Family Dollar Stores, Inc., which had been accused of violating the Fair Labor Standards Act. At issue is whether a group of current and former managers at Family Dollar Stores should qualify for overtime pay ...
December 1, 2010, Covington E-Alert
- Law360, Cybersecurity & Privacy "Rising Star" (2017)
COVID-19: Legal and Business Toolkit
We are helping clients around the world navigate this evolving, complex situation.
California Consumer Privacy Act (CCPA)
We are representing clients on California Consumer Privacy Act (CCPA) compliance, including in the legislative amendment and rulemaking proceedings associated with the CCPA and in developing working plans to come into compliance with the CCPA.