Kaylee A Bankston

Senior Counsel
  • T 202.469.5185

Kaylee A. Bankston is an attorney in Holland & Knight's Washington, D.C., office and co-chair of the firm's Cybersecurity, Data Breach and Privacy Team. Ms. Bankston also serves as co-chair of the Washington, D.C., Women's Initiative. She focuses her practice on cybersecurity and privacy matters, including information privacy and data security compliance, governance, regulatory investigations, litigation and class action defense, security breach incident response, breach preparation and cybersecurity risk management, and development of corporate privacy and security policies and procedures. She advises companies on information privacy and cybersecurity regulatory issues and legislative affairs as well as compliance with state, federal and international privacy laws, regulations and directives across a wide range of industries.

Ms. Bankston is well-versed counseling clients on data breach preparation and cybersecurity risk management, including developing and conducting cybersecurity "tabletop" exercises, and conducting information security and privacy program assessments. She advises clients regarding program developments and improvements, and risk mitigation strategies pertaining to a variety of areas, including written policies and procedures, internal and external communications, incident response, third-party vendor management, employee training, retention and destruction, and data governance.

Ms. Bankston also has substantial experience representing clients in the data breach response process, including counseling clients on notification obligations, as well as advising on contractual obligations and liabilities implicated in a security incident. Ms. Bankston also develops and counsels clients on messaging and communications strategies during cyber incidents. She represents companies before U.S. and international regulators in data breach investigations, including the U.S. Federal Trade Commission and State Attorneys General. Ms. Bankston also has experience defending clients in class action litigation in the privacy and security context. 

Ms. Bankston has extensive experience advising clients on comprehensive data privacy and security compliance matters, including privacy and security issues pertaining to the Telephone Consumer Protection Act (TCPA), Children's Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), Fair Credit Reporting Act (FCRA), Video Privacy Protection Act (VPPA), Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Family Educational Rights and Privacy Act (FERPA) and the Gramm-Leach-Bliley Act (GLBA). Ms. Bankston also advises multinational clients on cross-border data transfer issues, including European Union (EU) Standard Contractual Clauses and the EU-U.S. Privacy Shield, and conducts assessments and provides legal counsel pertaining to the EU General Data Protection Regulation (GDPR).

Prior to joining Holland & Knight, Ms. Bankston worked in private practice, where she advised Fortune 500 companies in the information technology (IT) industry on business immigration and employment compliance laws and regulations in the U.S., Europe, Asia and Latin America. In this capacity, she also gained experience with International Traffic in Arms Regulations and the Export Administration Regulations (ITAR/EAR) pertaining to the release of controlled technologies.

During law school, Ms. Bankston served as a legal intern for the U.S. Department of Justice, National Security Division – Office of Law & Policy, where she had broad exposure to a range of national security issues. In particular, she worked on cybersecurity and information privacy matters and gained significant experience with ECPA and Foreign Intelligence Surveillance Act (FISA). Ms. Bankston's comprehensive background in national security matters also includes in-depth knowledge of the administrative subpoena process and private sector compliance obligations under ECPA, FCRA, the Right to Financial Privacy Act (RFPA), the USA Patriot Act and the National Security Act.

Ms. Bankston also previously interned for U.S. Sen. Dianne Feinstein (D-Calif.) with the U.S. Senate Judiciary Committee, where she worked on numerous legislative issues, including privacy matters related to the use of unmanned aerial systems (UAS). She also worked extensively on proposed legislative amendments to ECPA, focusing on provisions related to stored communications as well as geolocation matters. Ms. Bankston is also a contributor to Holland & Knight's Privacy Blog.

Honors & Awards

  • Holland & Knight Rising Star, Class of 2019
  • Order of the Coif
  • Georgetown University Law Center Dean's List Graduate, National Security Law
  • CALI Excellence for the Future Award, Government Contracts
  • University of Miami Dean's Merit Scholarship
  • University of Miami Dean's List
  • University of Miami Honors Designation, Litigation Skills I: Trial Advocacy
  • CALI Excellence for the Future Award, Legal Research & Writing
  • University of Miami Law Review, Editor
  • Dean's Certificate of Achievement, Criminal Procedure Adjudication
  • Moot Court Board:
    • George Washington National Security Law Moot Court Competition, Semi-Finalist, 2011
    • University of Miami Advanced Moot Court Competition, Finalist, 2010
    • John T. Gaubatz 1L Moot Court Competition, Finalist, 2010

Memberships

  • International Association of Privacy Professionals Certified Information Privacy Professional (CIPP)
  • Bar Association of the District of Columbia, Board of Directors and National Security Steering Committee
  • Women in CyberSecurity (WiCyS)
  • Women in Technology
  • Northern Virginia Technology Council, Cybersecurity & Privacy Committee