Fran Faircloth

Associate

fran-faircloth
  • JD, Yale Law School, 2012; Managing Editor, Yale Law Journal; Note Editor, Yale Law & Policy Review; Co-Chair, Yale Law Women
  • MA (English Literature), University of Arkansas, 2005; Vance Randolph Award for Outstanding Achievement in Graduate Studies
  • BA (English Literature) BS (Architectural Studies), summa cum laude, University of Arkansas, 2004; Bodenhamer Fellow; Senior Scholar; Phi Beta Kappa

Qualifications

  • District of Columbia, 2014
  • Virginia, 2013
  • Honorable Scott M. Matheson, U.S. Court of Appeals for the Tenth Circuit

Fran Faircloth

Associate

Fran Faircloth is an associate in Ropes & Gray’s data practice, focusing on privacy & cybersecurity. Fran represents clients handling complex data, privacy, and cybersecurity matters across a wide range of industries and sectors. She has advised clients in privacy and cybersecurity related enforcement actions by the FTC, state Attorneys General, the SEC, and other government agencies.

Fran is practiced in managing incident response, handling complex investigations, and advising clients on difficult data privacy compliance questions. She uses her experience to help clients get to the root of inquiries and communicate complex cyber and data privacy issues to government regulators and boards of directors. She regularly counsels clients on federal, state, and foreign privacy and security requirements related to the collection, handling, and protection of data.

Fran maintains an active pro bono practice that has focused on women’s issues and immigration. She previously completed a fellowship with the National Women's Law Center where she focused on education and employment issues.

Prior to joining Ropes & Gray, Fran practiced at a large international firm and served as a law clerk for the Honorable Scott M. Matheson of the U.S. Court of Appeals for the Tenth Circuit. While in law school, Fran was managing editor for the Yale Law Journal and a co-chair of Yale Law Women.

Experience

  • Investigated data breaches for the independent Special Cybersecurity Review Committee of the Yahoo! Board of Directors.*
  • Represented retail, pharmaceutical, financial services, and telecommunications providers in connection with data security incidents that required analysis of breach reporting obligations under U.S. and international statutes.*
  • Developed incident response plans for a wide range of companies including insurance, life sciences, and telecommunications providers.*
  • Assisted corporations with preparation for and responses to sophisticated cybersecurity incidents.*
  • Directed diligence of key data, privacy, and cybersecurity issues in private equity transactions.*
  • Advised the Internet Cross-Community Working Groups with respect the historic transition of the Internet domain name system to private governance by the ICANN multi-stakeholder community.*
  • Provided analysis, advice and regulatory counseling regarding major U.S. and international privacy and data security laws and regulations, including GDPR, CCPA, ECPA, CFAA, COPPA, GLBA, TCPA, the FCRA, and unfair or deceptive trade practice restrictions for several telecommunication and Internet companies.*
  • Counseled clients on a range of privacy and cybersecurity compliance issues.*

*Experience prior to joining Ropes & Gray

Publications

  • Edward R. McNicholas and Frances Faircloth, “M&A Due Diligence: The Devil in Their Data,” Corporate Board Member (November 7, 2017)
  • “Freedom of Speech and Government Employees: A Reasonable Test for the Digital Age,” John Marshall Law Journal (September 2012)
  • Co-editor,  “Yale Law School Faculty & Students Speak Up About Gender,” (April 2012)
  • “The Future of the Voting Rights Act: Lessons from the History of School (Re-)Segregation,” Yale Law Journal (January 2012)
  • JD, Yale Law School, 2012; Managing Editor, Yale Law Journal; Note Editor, Yale Law & Policy Review; Co-Chair, Yale Law Women
  • MA (English Literature), University of Arkansas, 2005; Vance Randolph Award for Outstanding Achievement in Graduate Studies
  • BA (English Literature) BS (Architectural Studies), summa cum laude, University of Arkansas, 2004; Bodenhamer Fellow; Senior Scholar; Phi Beta Kappa
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