Overview

Emma L. Flett is a partner in Kirkland’s London Technology & IP Transactions Practice. Emma's practice is focused on intellectual property and technology-related transactions and EU data protection. Emma works closely with the Kirkland Corporate Practice firm wide on a variety of corporate transactions in which intellectual property, information technology and data protection play a key role, including mergers and acquisitions, divestitures, private equity investments, financings, secured lending, bankruptcies and restructurings. Emma also helps clients to negotiate intellectual property and technology transfers, intellectual property licences, development and collaboration agreements, joint ventures and strategic alliances, service agreements (including transitional service arrangements), data transfer and sharing agreements, online terms and conditions and privacy policies, acquisitions/sales documentation, and other commercial contracts (such as supply and distribution agreements).

Emma’s practice is varied and her experience covers the full spectrum of intellectual property related work, from technology, patents and designs, to trade marks, copyright and software, most notably in complex, high-value M&A transactions. She also advises on the clearance, protection and enforcement of trade marks. In addition, Emma counsels clients on data protection compliance (including with regard to the EU General Data Protection Regulation (“GDPR”)) and brings EU expertise to Kirkland’s Data Security & Privacy Practice. Before moving to Kirkland, Emma was a lawyer at Clifford Chance LLP, London, where she also trained.

More

Thought Leadership

Publications

“Data Protection on Both Sides of the Pond: GDPR v California’s Consumer Privacy Act”, Emma Flett and John Pattern, Computer and Telecommunications Law Review, December 2018

“CJEU Brings AG Spunzar to Heel in Finding Louboutin Registration to be Valid”, Emma Flett and John Patten, Entertainment Law Review, Volume 9, Issue 7, September 2018

“Third Time’s the Charm: Supreme Court Orders Luxury Watchmaker to Pay the Costs of Blocking Web Infringers”, Emma Flett and John Patten, Computer and Telecommunications Law Review, Volume 24, Issue 7, September 2018

Co-author, “Heads or Tails? Are Europe’s GDPR and China’s Cybersecurity Law Two Sides of the Same Coin?” China Business Law Journal, May 2018

The GDPR - Coming Soon to an M&A Transaction Near You,” Kirkland & Ellis Alert, May 2018

“The UK Data Protection Bill: Legislating for the Digital Age”, Digital Business Lawyer, November 2017, Emma L. Flett and Jennifer F. Wilson.

David and Victoria have IP Office at Beck and Call for Children—Trade Marking the Kids’ Names puts Beckhams on Cruz Control for IP Protection”, Entertainment Law Review, Volume 28, Issue 7, September 2017, Emma L. Flett and Eleanor Harley. Following the recent registration by Posh and Becks of their children’s names as EU trade marks, and applications made by Beyoncé and Jay-Z to register the names of their new-born twins, this article considers the protection of celebrities’ names from a trade mark perspective, and the patchwork of more traditional IP rights that are also relied upon in the UK.

Avoid the Worst, Put Data Security First! Warns the UK ICO”, CTLR, The Journal of e-Commerce, Technology and Communications, Sweet & Maxwell, Issue 6 2017, co-author with Joanna Balata. This article considers the recent decisions of the UK Information Commissioner to fine TalkTalk and Royal & Sun Alliance for serious data security breaches that compromised thousands of customer records, including financial data. The article compares the level of the fines in the light of the circumstances of each breach, and considers the likelihood of higher fines for similar breaches under the General Data Protection Regulation.

EU General Data Protection Regulation”, Kirkland Alert, August 2017, Emma L. Flett and Jennifer F. Wilson

Co-author, “eXtreme action against G-Force leaves them blushing in the locker room (the capitalised X is intentional)”, Journal of Intellectual Property Law and Practice, Volume 12, Issue 5, May 2017

Co-author, “Artificial Intelligence: Is Johnny 5 Alive? Key Bits and Bytes from the UK’s Robotics and Artificial Intelligence Inquiry”, Computer and Telecommunications Law Review, April 2017

Co-author, “What does Brexit mean for your organisation’s data protection?”, Bond.org.uk Brexit Blog, April 2017

Co-author, "Things That Go Bump in the Night: Confronting Data Protection Monsters in the M&A Closet," BNA's World Data Protection Report, Volume 16, Number 12, December 2016

Co-author, “Concrete Solution, or Are the Sands Still Shifting? European Data Protection Post-Schrems”, BNA's Privacy and Security Law Report and BNA's World Data Protection Report, Volume 16, Number 8, August 2016

Co-author, “More Armour Required Before Putting Down Our Guard? European Data Protection Supervisor Issues Opinion on Privacy Shield”, BNA’s World Data Protection Report, Volume 16, Number 6, June 2016

Co-author, “The U.K. Data Protection Dozen—ICO Publishes 12 Step Checklist to Prepare for GDPR”, BNA's World Data Protection Report, Volume 16, Number 4, April 2016

“Cristal, Anyone? Corks Go “Pop” for Louis Roederer”, Emma L. Flett, published by Sweet & Maxwell, in Entertainment Law Review, March 2016, Vol 27, Issue 3

“A Step in the Right Direction for Louboutin”, Journal of Intellectual Property Law & Practice, December 2015, co-authored by Shannon Yavorsky and Emma L. Flett

“A Grey Sky for Skype”, Entertainment Law Review, Volume 26, Issue 6, July 2015, co-authored by Emma L. Flett and Joanna Balata

"Responses from Within the EEA and Beyond to the ECJ's Ruling on Safe Harbor: Shifting Sands", co-authored by Shannon Yavorsky and Emma L. Flett

Author, "Death Row and Data Protection: Subject Access Requests under U.K. Law, Interplay with Other Statutory Regimes and the Relevance of Motive", BNA’s World Data Protection Report, Volume 15, Number 4, April 2015

Co-author, "The U.K. Information Commissioner’s Office Report on ‘Big Data’ and Data Protection", BNA’s World Data Protection Report, Volume 14, Number 9, September 2014

"Banking on IP: A Call for Action From the UK Intellectual Property Office," Butterworths Journal of International Banking and Financial Law, May 2014

"Working in the Cloud: managing risk", Property Professional magazine, March/April 2014, Issue 3

"The Silver Lining in Europe’s Cloud", Computer & Telecommunications Law Review, 2014 Volume 20, Issue 1

Co-author, "European Parliament Study on Cybercrime and Privacy in the Cloud Stresses the Need for Accountability", BNA's World Data Protection Report, Volume 13, Number 2, February 2013

"ACTA: The Anti-Counterfeiting Crack-Down", Entertainment Law Review, Volume 22, Issue 3, March 2011

Seminars

Panelist, “The Data Privacy Shake-Up", Stanford Law School, Stanford CA, May 2018.

Speaker, “The Final Countdown...10 days to go!”, Kirkland & Ellis Technology & Law Seminar in Chicago IL, May 2018.

Panelist, “GDPR: Impact Worldwide on Data Protection, Privacy, E-Discovery and Cybersecurity Conference”, Sandpiper Partners, Chicago IL, April 2018.

Panelist, “GDPR: Impact Worldwide on Data Protection, Privacy, E-Discovery and Cybersecurity Conference”, Sandpiper Partners, New York NY, April 2018.

Speaker, “The GDPR: How Deep Does the Rabbit Hole Go?”, 2018 Vista Operational Excellence BPSS, Dallas TX, April 2018.

Webinar, “Down the Rabbit Hole: The GDPR Through the Looking Glass”, March 2018.

Speaker, “Down the Rabbit Hole: The GDPR Through the Looking Glass”, Kirkland & Ellis Technology & Law Seminar in Chicago IL, May 2017.

Speaker, “EU Data Protection Update”, 2017 Vista Operational Excellence BPSS in Dallas TX, March 2017.

Speaker, “Newsflash: Data Protection Download from around the Globe”, Kirkland & Ellis Technology & Law Seminar in Chicago IL, May 2016.

Speaker, “Can You Keep a Secret? Stronger Protection for Trade Secrets in Europe and Japan”, Kirkland & Ellis Technology & Law Seminar in Chicago IL, May 2015.

Panelist, "Bring in the Clouds: Data Privacy, Security and Ethics Issues in Cloud Computing and Big Data”, Kirkland & Ellis Technology & Law Seminar in Chicago IL, May 2014.

Emma has also presented to and provided training for a variety of clients on the GDPR.

Press Coverage

Emma Flett commented on the UK privacy office’s increased enforcement penalties in “U.K. Privacy Fines Jump May Signal Move to New EU Regime”, by George Lynch, Bloomberg Law: Privacy & Data Security, Bloomberg News, 20 July 2017

Recognition

Pro Bono

Emma is a member of the Firmwide Pro Bono Committee

Kirkland & Ellis LLP Pro Bono Service Award for Outstanding Service, every year from 2011–2016

Memberships & Affiliations

Society for Computers and Law

International Association of Privacy Professionals

Credentials

Admissions & Qualifications

  • 2009, Admitted to Practice as a Solicitor of England and Wales

Education

  • University of CambridgeM.A., Cantab (Law and Management)Hons.2008
  • Oxford Institute of Legal PracticeLegal Practice CourseDistinction2006
  • Judge Business School, University of CambridgeSecond Part II (Management)2005
  • Christ's College, University of CambridgeB.A., Cantab (Law)Hons.2005