Billy represents leading financial institutions in high-profile transactions for significant developments, including projects in Hudson Yards, Columbus Circle, and St. John’s Terminal in New York City. He also handles transactions involving a wide variety of asset classes, including office buildings, multi-family, hotels and condominiums.

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Michael frequently speaks on state and local tax issues before the Council on State Taxation, Tax Executives Institute, the New York University Institute on State Taxation, the Paul J. Hartman SALT Forum, and the Institute for Professionals in Taxation.

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Elliot leads the firm’s AdTech and Data Monetization group, bringing deep technical experience in cutting-edge topics including advertising and cookies and online tracking technologies, data monetization strategies, digital health tools, and artificial intelligence (AI). He also has deep technical and operational experience – including a two-year Chief Privacy Officer secondment to a large health insurance company – designing and technically implementing global privacy programs that harmonize US state laws (like the California Consumer Privacy Act, Washington My Health My Data, and equivalent laws in over 20 states); health and financial-specific laws such as the Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLBA), and insurance rules; marketing rules such as the Telephone Consumer Protection Act and CAN-SPAM Act; and global laws such as the General Data Protection Regulation (GDPR). Elliot has also managed hundreds of breaches and ransomware attacks, guiding clients through all aspects of investigation, notification, remediation, and engagement with regulators.

Recognized in many industry rankings and awards, Elliot has been featured in Chambers USA, Legal 500 US, Bloomberg Law, Global Data Review, and the National Law Journal. Elliot also chairs the American Bar Association’s E-Privacy Committee.

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• Advising a multinational automotive manufacturer with day-to-day privacy and product counseling issues that arise, including designing and implementing data subject rights processes, cookies and marketing initiatives, autonomous vehicles, usage-based insurance, connected vehicle services, and otherwise developing and improving its comprehensive privacy program. Assisted with financial-specific strategic initiatives, such as developing and commercializing numerous new business lines, including the backend and consumer-facing web and mobile front-end environments
• Assisted more than 100 clients with cookie compliance and risk management, including performing technical cookie audits, configuring and troubleshooting backend cookie consent tools, conducting extensive technical remediation and troubleshooting, facilitating “bet the company” business-risk decisions, and designing and implementing governance programs
• Defended dozens of clients in connection with litigation and pre-suit demand letters, alleging that the use of ordinary website technologies violates state and federal wiretapping laws
• Advised a leading US wireless carrier with numerous complex data governance issues, including advising on advertising and data monetization initiatives, overhauling its records retention program from scratch, and preparing dozens of business-facing guides to operationalize key data management issues
• Assisted a programmatic advertising company that specializes in cross-channel solutions to launch health-focused advertising vertical in compliance with state and federal laws and industry guidance
• Advised a multinational health and wellness company on a variety of data privacy and marketing matters, including children’s privacy issues involving modern technologies; operational, business, and legal considerations in handling and using genetic and biometric data; integrating two acquired companies into the company’s existing privacy compliance program; revising multiple privacy policies to ensure harmonization of existing language with best practices and compliance obligations; and global cookie compliance advice
• Advised a global financial services firm on the review and updating of cookie compliance processes to balance business needs with litigation and regulatory risk mitigation. Developed a technical step-by-step cookie operational guide to help configure its front- and back-end processes
• Advised a telecommunication company on developing AI products and integrations that have raised numerous complex issues and involved developing a risk management strategy from the ground up. Also helped extensively with cookies and other data management issues
• Advised a provider of health information networking services on developing and implementing a state privacy law compliance program and assisting with evaluating and developing secondary use cases for data and broader data strategies program
• Led an engagement with a German multinational auto manufacturer on responding to a vendor security incident affecting information regarding approximately 3.3 million people in the US and Canada. Coordinated key internal stakeholders across US and Canadian business units, as well as third-party data analytics, cybersecurity, and notification/credit monitoring vendors. We identified individuals impacted and the types of data at issue for each person; managed the notification process, including drafting notifications to individuals, regulators, credit reporting agencies and other third parties; prepared FAQs, press statements, and other communications; and coordinated the establishment of a call center and informational website*
• Represented a large multi-state health system on data security events, including extensive assistance securing file closures with no violation findings in response to Office for Civil Rights and state attorneys general investigations. Also designed and implemented a completely overhauled record retention program, including detailed technical implementation to automate
• Advised a leading multinational telecommunications technology company on privacy considerations related to its US$500 million strategic partnership transactions with a cloud communications provider. Helped develop a mobile centric Identity as a Service solution designed to authenticate identity using biometrics, quantum-safe computing and distributed ledger technology (including designing compliance with HIPAA, GLBA, California Consumer Privacy Act (CCPA), GDPR, and many other laws and best practices)*
• Worked with a large integrated health system with provider and payer operations on complex digital health issues related to the new Information Blocking Rules, including the evaluation of information and entities in scope, the development of strategies for making information available through patient portals, and the development of policies and procedures*
• Represented a provider of substance use disorder care in connection with leveraging the data analytics, patient communication, and other advanced technologies. Developed an overall privacy and security compliance program, which included drafting policies and procedures, preparing consent forms and processes, and conducting training*
• Advises companies on compliance requirements under the CCPA, including by analyzing complex legal questions related to ambiguous provisions; drafting detailed policies and procedures; conducting data mapping; developing personalized individual rights response processes; preparing work plans and presentations; drafting and negotiating service provider contracts and data sharing agreements; and other similar compliance tasks*
• Advised a leading multinational technology company on privacy and security issues, including compliance with HIPAA and other US laws, as well as international laws (including the GDPR). This included partnering with the client to create a mobile centric Identity as a Service solution from scratch to help authenticate identity using biometrics and distributed ledger technology*
• Assisted one of the preeminent grants management software providers in conducting a comprehensive privacy and cybersecurity review, negotiating data protection agreements, navigating cross-border data protection requirements, and strengthening its processes. As an intermediary between numerous parties, including grant funders, grant applicants, and other third parties, the client’s data handling practices raised nuanced issues and helped ensure those practices were deemed essential*
• Served as primary outside counsel for a major health plan, assisting with a wide range of high priority, as well as day-to-day, privacy and cybersecurity issues*
• Assisted a major health insurance company in responding to a governmental investigation into data breaches; advised on planning and remedial efforts and defended the client in resulting litigation*
• Assisted a health plan organization in the development of a program that integrates medical products with the Internet of Things by collecting vital signs, alerting physicians, and transmitting data to a consumer-facing cloud environment*
• Drafted incident response plans and data breach response toolkits for multiple healthcare clients; led tabletop exercises to test those plans*
• Conducted comprehensive privacy and cybersecurity assessments for several large clients (in sectors such as healthcare, defense, and transportation), which included performing data surveys and interviews, assessing governance and recommending improvements, providing vendor contracting advice and drafting policies and procedures (e.g., internal and external-facing privacy statements, security policies, document retention policies, etc.)*
• Assisted a major automobile company in identifying personal information and other sensitive information within the organization and advised on data privacy and security issues*
• Advised a large cloud service provider in HIPAA and GLBA compliance, including the design and revision of HIPAA privacy and security policies*
• Assisted a large insurer/reinsurer in establishing a data classification system as part of a complete privacy and security policy overhaul and provided detailed advice regarding implementation of best practices and compliance with wide-ranging state and federal laws (e.g., HIPAA, GLBA, Federal Trade Commission Act, and state security breach and record disposal laws)*
• Conducted overall due diligence assessment of compliance practices for network advertiser, including under DAA, NAI, etc. Reviewed and provided feedback on applicable contracts, designed a CCPA compliance program and provided other assistance*
• Evaluated and analyzed obligations under the NAI Code with respect to the use of a data broker that collected potential health-related data for targeted advertisements*
• Assessed distribution of ad tech across multinational systems for an international e-commerce platform, where data and practices are shared between multiple legal entities, to assess and improve compliance efforts under CCPA and other US laws. This included understanding complex and layered advertising practices, creation, and use of custom audience segments (both as publisher and advertiser), third-party integration and involvement, assessing industry positions on evolving laws and regulations, and providing risk-conscious and practical guidance. Developed templates and documentation for the exercise*

*Matter handled prior to joining the firm.

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• The National Law Journal, DC Rising Star, 2022
• Bloomberg Law, “They’ve Got Next” Rising Star, 2021
• Global Data Review, 40 Under 40, 2018

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• American Health Lawyers Association, member
• Uniform Law Commission, Online Privacy Protection Study Committee, advisor

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Shu Min’s practice is complemented by a wide-ranging advisory portfolio, covering the Foreign Corrupt Practices Act, antitrust, cybersecurity, data privacy, employment and other regulatory and compliance matters. She also conducts audits, third party diligence and compliance training for clients, and helps companies develop and enhance their compliance framework globally and regionally.

Prior to joining McDermott, Shu Min practiced in London, Hong Kong and Singapore, and also spent time on secondment to a global telecommunications company. Shu Min is fluent in English and Mandarin.

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• Advising a US listed medical device company in multiple investigations in China, in relation to alleged bribery, kickbacks, falsification of sales and financial records and collusion with distributors*
• Advising a global telecommunications company in relation to multiple regulatory investigations and litigation arising out of financial irregularities within its European subsidiary*
• Advising US listed and other multinational corporations in the life sciences sector in relation to compliance with anti-bribery and corruption, anti-trust, anti-money laundering and sector-specific regulatory requirements (including interactions with healthcare professionals and government officials, advertising and promotion, medical education, disease awareness campaigns, sponsorships, grants, donations and third party due diligence)*
• Acting for two sets of receivers appointed by the English High Court in a commercial fraud case worth over US$6 billion, including advising on asset-tracing and recovery operations and the recognition and enforcement of judgments in Europe and offshore jurisdictions such as the British Virgin Islands, the Seychelles and Belize*

*Matter handled prior to joining McDermott

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Tara is recognized as a top government contracts lawyer across notable publications, including Chambers USA, The Legal 500 US, Law360 and Super Lawyers. She is a Professorial Lecturer in Law at The George Washington Law School, the only law school with a nationally recognized Government Procurement Law LLM program. She also serves as editor-in-chief for the Public Contract Law Journal.

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• Counsels clients through the life cycle of contract award and any related protests, including assistance navigating debriefing requirements, analysis of potential protest grounds, and available forums and related matters

Contract Claims and Disputes

• Assists clients in analyzing, preparing, submitting, and negotiating requests for equitable adjustment and certified claims related to issues arising in contract performance
• Represents government contractors in a wide variety of disputes with the government, including claims, terminations, cost disallowances, and contracting officer final decisions before the Boards of Contract Appeals and the COFC

Regulatory and Compliance Counseling

• Advises clients on OCI identification, avoidance, and mitigation, with particular attention to the types of activities and contract work that can give rise to a biased ground rules OCI, impaired objectivity, and unequal access to information
• Counsels clients on domestic preference requirements and country of origin issues under the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and others
• Advises clients on supply chain issues, data rights, and cybersecurity, including compliance with Section 889
• Counsels clients on issues related to the government’s acquisition of commercial products and services as well as issues related to GSA Schedule contracts, including commercial sales practices (CSP) disclosures, compliance with the Price Reductions Clause (PRC), audits, Transactional Data Reporting (TDR), and other Schedule contracting issues
• Advises clients regarding cost allowability issues and compliance issues, including submission of certified cost or pricing data under the Truthful Cost or Pricing Data Act (previously Truth in Negotiation Act, or TINA), allowability of costs incurred under FAR Part 31, the Cost Accounting Standards (CAS), Defense Contract Audit Agency (DCAA) audits, and business system audits

Teaming Arrangements and Other Strategic Alliances, Including for Small and Emerging Businesses

• Assists clients in crafting, negotiating, and, if necessary, litigating a wide variety of business agreements, including teaming agreements, subcontracts, and nondisclosure agreements
• Conducted a multi-week trial and won all 13 counts for a government contractor in litigation over teaming agreement, employee noncompetes, and theft of trade secrets. Futrend Technology, Inc. v. MicroHealth LLC, 2020 WL 4982524 (Va. Cir. Ct.) *
• Assists companies entering or considering entering the federal marketplace with a wide variety of government contract issues, including training and counseling on standard contract clause requirements, development and implementation of compliance programs, and regulation and oversight of the supply chain
• Counsels clients on small business subcontracting and socioeconomic obligations, including as part of strategic planning for corporate reorganizations, mergers, and acquisitions

*Matter handled prior to joining the firm.

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• Chambers USA, Government Contracts, 2021-2026
• Legal 500 US, Government Contracts, 2019 to 2021, 2023-2025
• Super Lawyers, “Rising Star”, Government Contracts, 2015 to 2020
• SmartCEO, Washington Power Player Finalist, 2014
• Best Lawyers in America, Government Contracts, 2026-2027

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• Court of Federal Claims Bar Association
• Federal Circuit Bar Association
• DC Bar Association

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Jayita combines her experience in life sciences and chemistry with her technical skills to effectively streamline complex scientific issues. Her patent experience includes various technologies, such as small molecule drugs, peptides, protein medicaments, stem cells, drug delivery, formulations, tissue transplants, medical devices, solid state chemistry, protein chemistry and purification. She also has experience with various indications, including oncology, diabetes, cardiovascular, menopause and blood-related disorders.

While Jayita’s practice focuses on patent litigation, she has also been involved in patent prosecution, including inter partes review (IPR) and interference proceedings, and due diligence matters.

Additionally, Jayita maintains an active pro bono practice. She was a member of the McDermott pro bono team that secured a victory for a nonprofit organization that was sued for copyright infringement.

Throughout law school, Jayita worked as a patent agent in a global law firm and in-house as an intellectual property (IP) director for two biotechnology startups, where she was responsible for the overall management of corporate IP portfolios and outside counsel.

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• Represented a medical device company for a drug delivery device for neonatal infants in IPR proceedings and Hatch-Waxman litigation matters*
• Represented a major pharmaceutical company for oral contraceptive products in a Hatch-Waxman litigation matter*
• Represented a biotechnology company in an IPR proceeding and district court litigation that resulted in successful voluntary dismissal*
• Represented a licensing company against multiple defendants involving patents spanning diverse communications-related technologies in district court litigation matters*

*Matter handled prior to joining the firm.

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Yuet has led investigations and compliance projects across Europe, the Middle East, Latin America and all of Asia Pacific, and she has represented clients on matters involving the US Department of Justice, the US Securities and Exchange Commission, FINRA, as well as investigations by various enforcement agencies in Asia such as the Hong Kong Securities and Futures Commission and China’s SAMR. Most recently, Yuet led investigations in Turkey, Germany, Egypt, Spain, Saudi Arabia, the UK, Israel, South Africa, Algeria, Spain, China, India, Indonesia, Australia, Japan, and Vietnam.

Yuet was recently named one of the “Top 100 Women in Investigations” globally by Global Investigations Review 2021 and in 2020, as one of Asia Pacific’s “Top 100 Women in Law”.  She has been awarded the “Emerging Markets Compliance & Investigations Lawyer of the Year” by The Asian Lawyer, with her team recognized as “the Emerging Markets Compliance and Investigations Team of the Year”.

Since 2009, Yuet has been awarded numerous accolades and has consistently been recognized by leading publications such as Chambers Global, Chambers Asia-Pacific, Benchmark Litigation, Global Investigations Review (GIR), Who’s Who, Legal 500, and IFLR1000. Chambers Asia-Pacific 2022 says Yuet “is widely recognized as a trusted counsel to a number of prominent life sciences and pharmaceutical clients in relation to global investigations and compliance advice”. A client notes that “she manages the team well” and appreciates that her advice is “punctual, balanced and comprehensive.” She has been described by Chambers as “very responsive and understands the unique needs of her clients. Her blend of firm and in-house counsel experience is very helpful for providing practical advice that in-house lawyers can use.” Meanwhile, in Chambers Asia-Pacific, Yuet is described as “very experienced and confident.” Clients state, “we have always been impressed by her leadership, professionalism, tenacity and savvy technical skills…. You will love to work with Yuet.” Chambers also notes that clients have commented that she is “exceptionally bright”, “very responsive and knowledgeable and can immediately dive into the issues ” and “frequently sought after by international corporations, who respect her experience and expertise in risk management” and that “Ms. Tham is a marvellous and gifted attorney” and is “highly thought of in the life sciences industry” and that industry players appreciate her “wealth of knowledge of the latest trends across the region,” as well as having a “tough, no-nonsense approach in tackling tricky compliance questions.”

She is a recognized thought leader and is frequently invited to speak at major conferences around the world.

Prior to joining McDermott, Yuet held global leadership roles at a large US law firm including as global co-chair of the White-Collar: Government Litigation & Investigations Group.  She has also held roles as a Deputy Public Prosecutor and State Counsel in Singapore and was the Asia Pacific Regional Compliance Director for Pfizer.

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• Carrying out numerous investigations for a major US technology company throughout the Asia Pacific, on issues such as kickbacks from resellers, after-the-fact discounts, channel stuffing, violations by channel partners including bribes paid by third parties*
• Advising a US animal feed and nutritional company on its proposed acquisition of a number of companies in China, Hong Kong and Mexico, in the areas of FCPA/anti-corruption compliance, carrying out FCPA/anti-bribery due diligence in relation to the acquisition in China, Hong Kong and Mexico, carrying out interviews of nine employees and representatives from the target companies in Hong Kong and the Shandong province, preparation of a report arising from the due diligence, document reviews and follow-up interviews and advising the client of its legal position under US financial regulatory laws and the FCPA*
• Advising a US industrial company on its proposed joint venture with a Chinese entity in Guangzhou, China with a focus on its compliance with various US FCPA internal controls requirements and advising on the concept of “successor liability” for FCPA liabilities in an asset transfer (as opposed to a share-acquisition)*
• Carrying out various FCPA investigations in Indonesia and China for a US-listed heavy machinery client. For instance, in Indonesia, the work included reviewing numerous consulting agreements with labor and work permit agents, applications made for permits from the Ministry of Labor, “overtime payments” to government officials, kickback issues involving procurement and books and records*

Life Sciences

• Setting up a European headquartered pharmaceutical company, a compliance program in the Asia Pacific (China, Korea, Japan, Thailand, Vietnam, Taiwan, Philippines, Malaysia, Singapore, Hong Kong, India and Australia); Latin America (Brazil, Chile, Mexico and Argentina); and the Middle East (Turkey, Saudi Arabia and UAE). This included drafting individual country SOPs for sales and marketing, dealings with healthcare professionals, the engagement of consultants and the organizing of scientific/promotional events*
• Leading and managing a global transparency project for a European medical device client, including considerations of the transparency requirements in the US, Belgium, the United Kingdom, France, the Netherlands and other parts of Europe*
• Assisting a US-listed Fortune 50 pharmaceutical company with the drafting and preparation of all its policies and procedures for its China, Japan, Singapore, Hong Kong and Malaysia business. This involved drafting all the procedures for the preparation of marketing materials for pharmaceutical products, website advertisements, rules governing the interactions between sales persons and scientific personnel with medical professionals, clinical trials, marketing approvals, advisory boards, consulting agreements, the engagement of doctors to be speakers, sponsorship of doctors to conferences, the regulations relating to the organizing of medical conferences and symposia, the provision of hospitality to doctors, off-label promotions and interactions with distributors*
• Advising multiple Life Sciences companies on regulatory issues in Hong Kong and Singapore such as nutritional labeling, product claims, off-label issues, advertising regulations for prescription drugs and healthcare products and product recalls*
• Advising, drafting and implementing for a multinational pharmaceutical company, FCPA/anti-bribery compliance programs covering interactions with healthcare professionals, intermediaries and government officials for the Middle East (Saudi Arabia, the UAE, Bahrain, Turkey) and Latin America (Chile, Brazil, Mexico, Argentina). This included providing training to senior management, rolling out the program and putting in place the training program*
• Advising numerous Life Sciences clients on distribution contracts with channel partners and termination of distributors and wholesalers in South-East Asia, China and Hong Kong*

Data Privacy

• Acting for a US-listed computer networking client in relation to interactions with and possible benefits to Chinese government officials and advising on various data privacy laws such as the Personal Information Protection Law, and in the context of the provision of information to US regulators, the Chinese blocking statutes, the Data Security Law and China Cybersecurity Law *
• Advising one of the world’s largest European electrical appliances companies on data privacy, the ethics helpline, the application of the EU Whistleblowers Directive, anti-bribery laws and employment laws in Asia, including China, Hong Kong, Australia, New Zealand, Singapore, Taiwan, Thailand, India, Vietnam and Malaysia*
• Advising one of the world’s largest US hedge funds on the collection and retention of employee data, advising on race/gender discrimination laws in Hong Kong, drafting its Employee Handbook in Singapore/Hong Kong, drafting data transfer agreements between the client and its vendors around the world and employment/data privacy issues *

* Matter handled prior to joining McDermott

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