Overview

Flexing deep expertise when it comes to complex IP and technology transactions, Emma Flett is a business-savvy practitioner highly valued for her legal acumen.” - IAM Patent 1000, 2024

Emma L. Flett heads Kirkland’s Technology & IP Transactions Team in London. Emma's practice is focused on complex intellectual property and technology-related transactions, carve-outs and business separations, EU data protection and emerging technologies including artificial intelligence.

Emma’s experience in the technology, intellectual property and data field is extensive. She is a deal lawyer with a deep understanding that covers the full spectrum of intellectual property and technology transaction-related work, from patents, data and designs, to trade marks, copyright, software and AI, most notably in complex, high-value M&A transactions and private equity investments. She brings a depth of knowledge across a broad range of industry sectors, including software, pharmaceuticals/life sciences, retail/fashion, media/entertainment, travel, consumer goods, hospitality, real estate, energy and infrastructure, and manufacturing, amongst others.

Emma works on a wide variety of transactions in which intellectual property, information technology and data privacy play a key role, including mergers and acquisitions, divestitures, private equity investments, financings and secured lending, bankruptcies and restructurings. Emma also assists clients with a wide range of commercial contract negotiations, such as joint ventures and strategic alliances; intellectual property and technology transfers and licences; service agreements (including transitional service arrangements); development and collaboration agreements; data transfer and sharing arrangements; and supply and distribution agreements.

In addition, Emma routinely counsels clients on data protection compliance, AI and cybersecurity laws (including with regard to the EU and UK General Data Protection Regulation and the EU AI Act) and brings EU experience to Kirkland’s Cybersecurity & Data Privacy Practice.

Emma was named to the IAM Patent 1000 and is recommended for the United Kingdom. Her practice is Ranked Tier 1 in Legal 500 Technology Media and Telecoms – IP: Patents (contentious and non-contentious), heading the transactional practice. She was also recognised by Lawdragon in the 2024 list of the “500 Leading Global Cyber Lawyers” and by Financier Worldwide as a “Power Player: Cyber Security & Data Privacy 2022 – Distinguished Adviser.”

Emma is a frequent guest speaker at technology, intellectual property, AI and data protection seminars and conferences across the globe including in New York, Chicago, Texas, Washington, DC, London and has presented at Cambridge and Stanford University. She publishes widely in the area and regularly contributes to publications such as the Journal of Intellectual Property Law & Practice, European Intellectual Property Law Review, the Entertainment Law Review, Digital Business Lawyer, BNA’s World Data Protection Report, and the Computer and Telecommunications Law Review. Prior to joining Kirkland, Emma was a lawyer at Clifford Chance LLP, London, where she also trained.

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Thought Leadership

Publications

Co-Author, “AI Act Arrives: EU Equips AI with a New Rulebook”, Kirkland Alert, August 2024

Co-Author, “The Current State of Artificial Intelligence Regulation; A Fragmented Framework”, Entertainment Law Review, no. 6, July 2024

Co-Author, “Balmain or Banal? EU General Court Considers the Distinctiveness of Luxury Fashion House’s Lion’s Head Logo”, Entertainment Law Review, 2024

Co-Author, “The Metaverse IRL – EUIPO Refuses to Register ‘METAVERSE FOOD’ and ‘METAVERSE DRINK’ as EU Trade Marks for Real-World Goods”, Entertainment Law Review, 2023

Co-Author, “Terminating the current status quo — is it finally judgment day for AI-derived patents?” Computer and Telecommunications Law Review, 2022

Co-Author, “The Final Piece to the Schrems II Puzzle? UK Parliament Approves New International Data Transfer Mechanisms, Plus Signs of a Breakthrough on Transatlantic Data Flows from the EU”, Kirkland Alert, April 2022

Co-Author, “Lloyd v Google: Supreme Court Ruling Sheds Light on UK Data Protection ‘Class Actions’”, Computer and Telecommunications Law Review, 2022 

Co-Author, “Cross-Border Transfers of Personal Data: The Post-Schrems II and Brexit Landscape Begins to Take Shape”, Kirkland Alert, October 2021

“The Data Sharing Code: A gateway to good data sharing practice”, Computer and Telecommunications Law Review, October 2021

Co-Author, “General Court Allows Guerlain’s Appeal”, Entertainment Law Review, October 2021

Co-Author, “Digital Identity Systems Have Come of Age: The Information Commissioner’s Cautious Support of the Government’s Proposed UK Digital Identity and Attribute Framework”, Computer and Telecommunications Law Review, June 2021

Co-Author, “Scott v LGBT Foundation Ltd: Do Phone Conversations Amount to ‘Processing’ of Personal Data?” Entertainment Law Review, 2020 

Co-Author, “Is Your Video Surveillance Legitimate under EU Data Protection Rules?” Computer and Telecommunications Law Review, vol. 26, no. 6, 2020

Co-Author, “Schrems Strikes Again: EU–US Privacy Shield Suffers Same Fate as Its Predecessor”, Computer and Telecommunications Law Review, vol. 26, no. 6, 2020

Co-Author, “Schrems Strikes Again: EU-US Privacy Shield Suffers Same Fate as its Predecessor”, Kirkland Alert, August 2020

Co-Author, “The legendairy case of the HALLOUMI trade mark: a successful appeal in the opposition to the BBQLOUMI trade mark”, Journal of Intellectual Property Law & Practice, vol. 15, no. 8, August 2020

Co-Author, “Morrisons off the hook as employers welcome clarity on vicarious liability for data breach: WW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12”, Journal of Intellectual Property Law & Practice, vol. 15, no. 7, July 2020

Co-Author, “European Commission and the EDPB Lay Out Framework for Privacy-Compliant Contact Tracing Apps”, Computer and Telecommunications Law Review, vol. 26, no. 5, July 2020

Co-Author, “Google LLC v CNIL—CJEU Rules on the Territorial Scope of the ‘Right to be Forgotten’”, Entertainment Law Review, no. 2, 2020

Co-Author, “Court of Appeal Furthers the UK’s Bid to be the SEPs Capital of Europe”, European Intellectual Property Law Review, vol. 41, no. 6, 2019

Co-Author, “SEPs Education: Court of Appeal Confirms its FRANDly Approach to Global SEP Licences”, European Intellectual Property Law Review, vol. 41, no. 3, 2019

Co-Author, “Data Protection on Both Sides of the Pond: GDPR v California’s Consumer Privacy Act”, Computer and Telecommunications Law Review, vol. 25, no. 1, January 2019

Co-Author, “CJEU Brings AG Spunzar to Heel in Finding Louboutin Registration to be Valid”, Entertainment Law Review, vol. 9, no. 7, September 2018

Co-Author, “Third Time’s the Charm: Supreme Court Orders Luxury Watchmaker to Pay the Costs of Blocking Web Infringers”, Computer and Telecommunications Law Review, vol. 24, no. 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

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

Co-Author, “The UK Data Protection Bill: Legislating for the Digital Age”, Digital Business Lawyer, November 2017

Co-Author, “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, vol. 28, no. 7, September 2017. 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

Co-Author, “Avoid the Worst, Put Data Security First! Warns the UK ICO”, CTLR, The Journal of e-Commerce, Technology and Communications, Sweet & Maxwell, no. 6, 2017. 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

Co-Author, “EU General Data Protection Regulation”, Kirkland Alert, August 2017

Co-Author, “eXtreme action against G-Force leaves them blushing in the locker room”, Journal of Intellectual Property Law and Practice, vol. 12, no. 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?” 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, vol. 16, no. 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, vol. 16, no. 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, vol. 16, no.r 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, vol. 16, no. 3, April 2016

“Cristal, Anyone? Corks Go ‘Pop’ for Louis Roederer”, Entertainment Law Review, vol. 27, no. 3, March 2016

Co-Author, “A Step in the Right Direction for Louboutin”, Journal of Intellectual Property Law & Practice, December 2015

Co-Author, “A Grey Sky for Skype”, Entertainment Law Review, vol. 26, no. 6, July 2015

Co-Author, “Responses from Within the EEA and Beyond to the ECJ's Ruling on Safe Harbor: Shifting Sands”

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, vol. 15, no. 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, vol. 14, no. 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, no. 3, March/April 2014

“The Silver Lining in Europe’s Cloud”, Computer & Telecommunications Law Review, vol. 20, no. 1, 2014

Co-Author, “European Parliament Study on Cybercrime and Privacy in the Cloud Stresses the Need for Accountability”, BNA's World Data Protection Report, vol. 13, no. 2, February 2013

“ACTA: The Anti-Counterfeiting Crack-Down”, Entertainment Law Review, vol. 22, no. 3, March 2011

Seminars

“Deal us into the Data; Privacy Considerations Impacting Deal Risk & Volume,” Panelist, Privacy Forum Co-Hosted by Kirkland & Ellis & FTI Consulting, September 2024

“Policymakers Clear Way for EU AI Act”, Sun Capital Advisors Meeting, June 2024

“EU and UK Data Protection”, Sun Capital Advisors Meeting, June 2024

“EU Cyber Regulations: A Europe Fit for the Digital Age”, Sun Capital Advisors Meeting, June 2024

EU Policymakers Clear Way for Passing of Landmark AI Act”, OWS24 IAOP Conference, Chicago, May 2024

“EU AI Act and EU Cyber Regulatory Updates”, Hellman & Friedman, Milan, March 2024

“Emerging Cyber and AI Regulations in the EU”, Hellman & Friedman, Washington DC, October 2023

“The Ethics of AI: Managing the Risks”, Hellman & Friedman, Webinar, October 2023

“EU and UK Data Protection” – ‘I almost wish I hadn’t gone down the rabbit hole – and yet – and yet’, Sun Capital Advisors Meeting, June 2023

“Data Privacy in a Nutshell”, Vista Equity Partners, September 2022

“The GDPR four years on – from here to where?” Sun Capital Advisors Meeting, June 2022

“Introduction to the EU and UK GDPR for Restructuring Attorneys”, New York, April 2022

“EU Data Privacy: I almost wish I hadn’t gone down the rabbit hole—and yet—and yet—”, Vista, August 2021

“EU Data Privacy: I almost wish I hadn’t gone down the rabbit hole—and yet—and yet—”, Sun Capital Advisors Meeting, July 2021

“GDPR in a Nutsell”, University of Cambridge Webinar, March 2021

“Protecting your most Critical Assets in Today’s Economic Environment: How Investors can Identify and Rapidly Respond to Cyber Risks”, Cyber M&A Webinar, June 2020 

“Down the Rabbit Hole: the GDPR 18 Months On”, October 2019 

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

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

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

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

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

“EU Data Protection Update”, 2017 Vista Operational Excellence BPSS, March 2017

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

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

“Bring in the Clouds: Data Privacy, Security and Ethics Issues in Cloud Computing and Big Data”, Kirkland & Ellis Technology & Law Seminar, 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, July 20, 2017

Recognition

Pro Bono

Kirkland & Ellis LLP Pro Bono Service Award for Outstanding Service, every year from 2011 to date

Accolades

Recognised by IAM Patent 1000 in the 2024 list of the “IAM Patent 1000: The World’s Leading Patent Professionals 2024”

Recognised by Lawdragon in the 2024 list of the “500 Leading Global Cyber Lawyers”

Recognised as a ‘Power Player: Cyber Security & Data Privacy 2022 - Distinguished Adviser’ by Financier Worldwide

Ranked Tier 1 in Legal 500 Technology Media and Telecoms - IP: Patents (contentious and non-contentious). Emma heads the non-contentious practice

Memberships & Affiliations

Member of the Strategic Advisory Board of the International Association of Outsourcing Professionals (IAOP)

Society for Computers and Law

International Association of Privacy Professionals

Emma is a member of the Firmwide Gender & Diversity Committee, the European Associate Review Committee, the Firmwide Pro Bono Committee, and London Office Operations Committee

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 Coursewith Distinction2006
  • Judge Business School, University of CambridgeSecond Part II (Management)2005
  • Christ's College, University of CambridgeB.A., Cantab (Law)Hons.2005