Emily Westridge Black

Practices

Education and Clerkships

J.D., University of Texas at Austin School of Law, 2007, cum laude; Phi Delta Phi

B.A., University of North Carolina at Chapel Hill, 2003, cum laude; Phi Beta Kappa

  • The Honorable W. Osmond Smith III, Superior Court of North Carolina (Caswell and Person Counties), May-September 2002

Admissions

Texas, 2007

Court Admissions

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court for the Western District of Texas

U.S. District Court for the Northern District of Texas

Profile

In 2019, Emily Westridge Black was selected as the “Attorney of the Year” by Texas Lawyer for leading a trial team that obtained a precedent-setting ruling regarding the scope of the constitutional right to due process. She brings the same passion, tenacity, and creativity to bear in all aspects of her practice.

Clients trust Emily to conduct thorough, impartial, and efficient investigations of their most sensitive issues. She has led numerous investigations into allegations of fraud and corruption. In recent matters, she led investigations into alleged Foreign Corrupt Practices Act (“FCPA”) and UK Bribery Act violations by employees and agents of publicly-traded transportation, manufacturing, and software companies. She also represented an oil and gas services company in connection with a criminal investigation of alleged FCPA violations in Eastern Europe and assisted a medical device manufacturer examine alleged misconduct and self-dealing by insiders in connection with the company’s proposed IPO. She has also investigated diverse whistleblower complaints, including alleged product safety issues at a pipeline manufacturer and misconduct (including employee harassment) by executives at a state agency. Emily is also experienced in leading investigations into suspected data security incidents in diverse sectors, including retail, hospitality, healthcare, and energy.

An accomplished litigator, Emily realizes that the best result – an early victory – is often obtained through motion practice. For example, she recently helped a retailer obtain summary judgment against its payment card processor, who was ordered to return millions of dollars it had withheld to pay assessments issued in the wake of a data breach. She also won summary judgment against the retailer’s insurer, who had breached its duty to defend claims related to the data breach. Emily has helped a hedge fund client and its principals defeat class certification and obtain a voluntary dismissal of all claims, including breach of fiduciary duty. She has also recently obtained favorable resolutions of several breach of contract cases on behalf of a leading, publicly-traded heavy-equipment manufacturer and a product liability case on behalf of a global chemicals company. Her efforts have been recognized by Chambers USA, Chambers and Partners, which named her a top lawyer for commercial litigation in Texas.

Emily counsels clients on regulatory issues, including compliance with anti-corruption and anti-bribery laws. Clients benefit from Emily’s experience working in-house at an international pharmaceutical company developing and implementing organization-wide anti-corruption initiatives that balanced legal requirements with business objectives. She has designed practical and effective anti-corruption compliance programs for numerous public and private companies in diverse sectors, including clients in the oil and gas, energy, pharmaceutical, freight forwarding, and hospitality industries.

Emily is also committed to serving the community. She recently won asylum for four Cameroonian natives and a Nepali native. She also proudly serves on the board of directors for the March of Dimes of Central Texas. 

Professional Recognition

  • Recognized as a 2019 Attorney of the Year by Texas Lawyer as part of their Professional Excellence Awards

Recognition

Leslie Thorne, Emily Westridge Black Honored as Attorneys of Year by Texas Lawyer

Haynes and Boone Partners Leslie Thorne and Emily Westridge Black were honored as Attorneys of the Year by Texas Lawyer for their successful work on behalf of a Honduran woman seeking asylum. The duo achieved one of the first and most impactful court victories in family-separation litigation in a federal suit, which they filed in Houston last year.

Selected Publications and Speeches

  • “Tackling a Data Breach and Preventative Measures,” speaker, Women in eDiscovery Conference, May 9, 2019.
  • "Best Practices for Cyber-Preparedness," speaker, San Antonio Compliance Roundtable, San Antonio, TX, February 14, 2019.
  • "Best Practices for Cyber-Preparedness," speaker, Austin Compliance Roundtable, Austin, TX, February 13, 2019.
  • "Fighting the Cyber War: Corporate Governance, People and Process," speaker, General Counsel Data Privacy and Cyber Security Forum, Dallas, TX, November 13, 2018.
  • “The In-House Perspective on Managing Cybersecurity,” panel moderator, The University of Texas School of Law Cybersecurity Conference, July 25, 2018.
  • “Risk Management,” speaker, Texas Bankers Association Trust Audit and Operations Conference, June 14, 2018.
  • "The Post-Mortem: Assessing Your Incident Response," presenter, 2nd Cybersecurity and Data Privacy Law Conference, April 13, 2018.
  • "What You Need to Know About Cybersecurity," presenter, Austin Bar Association Real Estate Section, April 10, 2018.
  • "Cybersecurity Planning: When (not if) a data breach occurs, will you be ready to respond?" speaker, University of Texas, School of Law Conference, Austin, Texas, February 23, 2018.
  • “This Training Will Make You Rethink Anti-Corruption Compliance,” presenter, webinar for Bloomberg BNA, October 5, 2017.
  • Data Security, Client Confidences, and Ethics Rules Applicable to the Protection of Client Information,” speaker, Texas Bar CLE 35th Annual Advanced Tax Law Course, August 18, 2017.
  • “Incident Response and Breach Disclosure,” panel moderator, The University of Texas Law School 2017 Essential Cybersecurity Law Conference, July 28, 2017.
  • “Hot Topics in Anti-Corruption Law,” speaker, Association of Corporate Counsel D-FW Chapter Lunch & Learn CLE, May 9, 2017.
  • “Emerging Trends in Cybersecurity Litigation and Regulatory Actions,” speaker, The Center for American and International Law’s First Annual Cybersecurity and Data Privacy Law Conference, January 25, 2017.
  • "Antitrust and Business Litigation," co-author, Texas Bar Journal, January 2017.
  • “Data Security, Client Confidences, and Ethics Rules Applicable to the Protection of Client Information,” speaker, University of Texas School of Law 64th Annual Taxation Conference, December 1, 2016.
  • "Managing Cyber Liability: Protecting Records and Financial Information," speaker, UT CLE Mortgage Lending Institute, September 29, 2016.
  • “Reacting to a Cyber-Attack: How to Investigate, Remediate, and Minimize Losses,” Gulf Coast Power Association, August 25, 2016.
  • “Regulatory Actions and Civil Litigation Update,” speaker, The University of Texas Law School 2016 Essential Cybersecurity Law Conference, August 19, 2016.
  • "Antitrust and Business Litigation," co-author, Texas Bar Journal, Vol. 79, No. 1, January 2016.
  • "Cyber Attacks - Are You Prepared?" presentation to public and private clients in Dallas, April 14, 2015.
  • "Practical Tips on Preventing, Managing, and Insuring for Data Breaches,” panelist, Houston Cybersecurity panel, February 18, 2015.
  • "Despite Bipartisan Support, Data Breach Law Faces Obstacles," author, Law360, February 02, 2015.
  • "Data Security Law: Predictions for 2015," author, The Privacy Advisor, January 27, 2015.
  • "Obama Cybersecurity Blitz May Lessen Liability For Breaches," author, Law360, January 14, 2015.
  • "2014 Year in Review: Antitrust and Business Litigation," author, Texas Bar Journal, January 2015.
  • "A Focus on Cybersecurity Litigation Risks and Liabilities," presenter, General Counsel Forum, November 6, 2014.
  • "Critical Organizational Threats Facing General Counsel," presenter, Texas Lawyer In-House Counsel Summit, November 6, 2014.
  • "A Compliance Officer’s Guide to Cyberliability and Cyber Insurance," speaker, Houston Compliance Roundtable, October 15, 2014.
  • "What You Need to Know About Cybersecurity," presenter, Better Business Bureau of Central, Coastal, Southwest Texas and the Permian Basin, September 16, 2014.
  • "A Guide to Data Protection and Breach Response—Part 2," author, Intellectual Property & Technology Law Journal, Vol. 26, No. 8, August 2014.
  • "A Guide to Data Protection and Breach Response—Part 1," author, Intellectual Property & Technology Law Journal, Vol. 7, No. 3, July 2014.
  • "What You Need to Know About Data Security and Cyber Insurance: Practical tips on preparing for and responding to a cyber security breach," presented to public and private company clients in the Dallas area, June 26, 2014.
  • "Understanding Privacy, Cybersecurity, and Cyber Insurance," speaker, Austin Compliance Roundtable, May 28, 2014.
  • "What Registered Entities Need to Know about Cybersecurity and Cyber Insurance," speaker, San Antonio Compliance Roundtable, May 14, 2014.
  • "Cyber Liability and Loss Seminar," presented to public and private company clients in the Austin area, April 22, 2014.
  • "2013 Year in Review: Antitrust and Business Litigation," author, Texas Bar Journal, January 2014.
  • "2012 Year in Review: Antitrust and Business Litigation," author, Texas Bar Journal, January 2013.
  • "2011 Year in Review: Antitrust and Business Litigation," author, Texas Bar Journal, January 2012.
  • "2010 Year in Review: Antitrust and Business Litigation," co-author, Texas Bar Journal, January 2011.
  • "Managing Risk: A Guide for Investment Advisers," co-author, National Society of Compliance Professionals Southern Regional Meeting, February 2010.

Privacy and Data Security

Breaux_Black_Newman

Haynes and Boone Wins Key Sixth Circuit Ruling in Data Breach Suit

Haynes and Boone won a significant case before the U.S. Court of Appeals for the Sixth Circuit that sets important limitations on the liability of merchants who have been victimized by data breaches.

Professional and Community Activities

  • 2nd Cybersecurity and Data Privacy Law Conference, Co-Chair
  • The University of Texas Law School 2017 Essential Cybersecurity Law Conference, Presiding Officer
  • The Center for American and International Law's 2nd Cybersecurity and Data Privacy Law Conference, Co-Chair
  • Steering Committee of the American Bar Association's Death Penalty Representation Project
  • Executive Committee of the Board of Directors of the Dallas Mayor's Committee
  • Patrick E. Higginbotham Inn of Court, Associate (2009)
  • American Bar Association
  • ABA Young Lawyers Division
  • Texas Young Lawyers Association
  • Dallas Association of Young Lawyers
  • Board of Directors, March of Dimes of Central Texas

Selected Client Representations

  • Counseled Fortune 500 manufacturing company on the defense of a $250 million products liability case brought by a downstream domestic products manufacturer. Provided strategic counsel regarding claims, defenses, and third-party claims. Oversaw development of factual record, including through intensive testing efforts undertaken jointly with plaintiff. Assisted client in strategizing for and obtaining favorable settlement of all claims and third-party claims.
  • Lead counsel for defendants in a putative class action alleging breach of fiduciary duty, aiding and abetting, and vicarious liability in connection with the failure of a hedge fund. Defeated class certification and obtained voluntary dismissal of remaining claims.
  • Internal investigation and remediation of a data security breach of an information technology solutions company; counsel client on the company’s remediation efforts, disclosure obligations, and recourse against the former employee.
  • Internal investigation of data security breach at high profile specialty retailer that implicated payment card information and personal identifying information; counsel client on numerous post-breach issues including disclosure obligations, public disclosure, negotiation of fraud recovery and operational reimbursement fines and penalties with card brands, and related counseling regarding collateral litigation; counsel client on insurance coverage for breach-related expenses.
  • Internal investigation and remediation of a data security breach at a Fortune 200 transportation company; civil prosecution of entity responsible for the security breach.
  • Investigation of criminal spear-phishing attack used to steal funds from public oilfield services technology company; direct forensic investigation of attack; counsel client on disclosure obligations and remediation efforts.
  • Internal investigation of alleged FCPA violations made against a Fortune 200 company in connection with the construction of cross-border facilities.
  • Defense of the former CEO of an international technology company in an SEC enforcement action for options backdating.
  • Internal investigation on behalf of the audit committee of a national construction and restoration company regarding securities issues and fraud allegations.
  • Defense of an international freight forwarder under federal investigation for antitrust compliance issues.
  • Defense of a national multi-industry company in breach of warranty litigation.

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