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Elana R. Safner

Associate

[email protected]

+1.202.434.7346

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Elana advises clients on public policy, regulatory issues, and disputes affecting the communications sector, as well as privacy and cybersecurity matters. She also has experience with Federal Communications Commission (FCC) procedures and rulemakings.

She has a Certified Information Privacy Professional (CIPP) (US Specialization) certification from the International Association of Privacy Professionals.

Prior to joining Mintz, Elana worked as an associate in the DC office of an international law firm, where she advocated on behalf of her clients spanning a wide variety of industries and issues, including telecommunications, privacy, cybersecurity, and autonomous vehicles. Elana has also presented and published on the topic of legal issues facing artificial intelligence.

While in law school, Elana served as a fellow and intern with the Policy Division of the Federal Communications Commission’s Media Bureau and worked as a student attorney in the Community Enterprise Clinic. She was also chief executive editor of the Duke Law & Technology Review and articles editor for the school’s Law & Contemporary Problems journal. Elana won the North Carolina statewide Kilpatrick Townsend Mock Trial Competition as well as the Duke Law Twiggs Beskind Cup.

Before law school, Elana served as an intern with the Baptist Joint Committee for Religious Liberty, where she researched and developed positions on establishment clause issues for amicus briefs and publications. She was also an intern for US Representative Diana DeGette of Colorado.

Education

  • Duke University (JD, cum laude)
  • University of Miami (BS, magna cum laude)

Experience

  • Conducted syndicated exclusivity and non-duplication programming reviews for cable companies.
  • Drafted successful brief for intervenor, Charter Communications, Inc. in channel positioning dispute against the FCC in the D.C. Circuit Court of Appeals.

Involvement

  • Member, Federal Communications Bar Association
  • Member, International Association of Privacy Professionals
  • Fellow, Internet Law and Policy Foundry
  • Pro Bono General Counsel, The Arthur C. Clarke Foundation
  • Member, Junior League of Washington
  • Board Member, Univeristy of Miami Alumni Association for Washington, DC (DC Canes) (2018 - 2019)
  • Intern Engagement Committee Member, Baptist Joint Committee for Religious Liberty

Languages

- Russian

Viewpoints

Viewpoint General

Monthly TCPA Digest – August 2019

August 14, 2019 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

This TCPA Digest reviews FCC anti-spoofing rules covering spoofing outside the U.S. directed at US consumers and an 11th Circuit decision that the FCC's solicited fax rule is invalid.
Viewpoint General

Monthly TCPA Digest – July 2019

July 18, 2019 | Article

This issue covers recent TCPA-related FCC activity, pending robocall legislation, and a class action ruling in the Eight Circuit upholding a significant reduction in TCPA damages.
Viewpoint General

Monthly TCPA Digest – June 2019

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Esteban Morales, Matthew Novian, Elana R. Safner

This TCPA Digest covers an FCC rule allowing default call blocking services and a 4th Circuit ruling upholding a $61M judgment against Dish Network for a third-party agent's actions.
Viewpoint General

TCPA Class Action Update: Dish Network on the Hook for $61 Million for Third-Party Agent’s TCPA Violation

June 17, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit upheld a $61 million class action judgment against Dish Network for its violation of the Telephone Consumer Protection Act. Krakauer v. Dish Network, Case No 18-1518 (4th Cir. May 30, 2019). The lead plaintiff, Thomas Krakauer, submitted his phone number to the national Do Not Call Registry in 2003 but was still called by Dish’s vendor, Satellite System Networks (SSN). This judgment sounds a warning to all companies: if you contract with third-party vendors for marketing purposes, seek assurances and closely monitor the vendor’s compliance with applicable federal regulations. Otherwise, you may be on the hook.
Viewpoint General

Monthly TCPA Digest – May 2019

May 13, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Matthew Novian, Elana R. Safner

This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.
Viewpoint General

Fourth Circuit Strikes Down Federal Debt-Collection Exemption to the TCPA

April 29, 2019 | Alert | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Read about the Fourth Circuit’s American Association of Political Consultants decision, which struck down the federal debt collection exemption to the TCPA.
Viewpoint General

Monthly TCPA Digest – April 2019

April 17, 2019 | Article | By Russell Fox, Alexander Hecht, Elana R. Safner

This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.