Picture of Anne T. McKenna

Anne T. McKenna

Partner

STSW Partner, Anne McKenna, is the Chair of STSW’s Internet and Privacy Practice Group, SILVERMCKENNA . Anne McKenna is widely recognized as one of the leading and most-frequently cited experts in Internet, computer and cellular electronic surveillance law and privacy law. Anne has close to two decades of complex civil litigation experience. She is a distinguished attorney, author of multiple legal treatises, lecturer and adjunct professor.

Anne represents private businesses, individuals and educational and institutional clients in handling every aspect of Internet, computer, e-mail, and cellular issues, including monitoring employees’ and students’ communications and usage. She advises businesses and schools about legally compliant computer and web practices as well as network banner issues. She consults formally and informally with federal and state law enforcement regarding computer searches, cellular technology and cellular tracking. Anne routinely makes presentations to businesses, law enforcement, schools, and various organizations in the fields of her expertise. She regularly attends conferences in these fields to stay abreast of current developments and to collaborate with her peers in the field.

Anne brings unparalleled skill, talent and industry name recognition to every client in every case in this dynamic and rapidly evolving area law and technology.

PUBLICATIONS

For the last 18 years, Anne McKenna has co-authored the Nation’s leading legal treatises on electronic surveillance, computers, cell phones, privacy and Internet-related law. These treatises are:

  • Wiretapping & Eavesdropping, 2nd Ed., Fishman & McKenna (West/Thomson)
  • Wiretapping & Eavesdropping: Surveillance in the Internet Age, 3rd Ed., Fishman & McKenna (West/Thomson/ Reuters)
    • In 2010, Anne added two new volumes to that treatise because to keep the treatise abreast of every development in the Internet, cellular and electronic privacy fields.
  • Jones on Evidence, 7th Ed., Fishman & McKenna (Jones/Thomson/Reuters).

All three of Anne’s treatises have been cited by federal and state courts throughout the country, including the United States Court of Appeals for the Seventh Circuit. The Wiretapping and Jones on Evidence treatises are so commonly used that Westlaw created separate, independent Westlaw directories for each of the treatises.

Education

J.D., The Catholic University America School of Law, 1994

  • • American Jurisprudence Award in Advanced Criminal Procedure/Investigative Process
  • • Moot Court Associate
  • • Women’s Law Caucus
  • • International Law Society
  • • Student legal advocate in CUA’s renowned litigation clinic
  • • Internship with the Honorable Ellen Segal Huvelle (then Judge of the D.C. Superior Court, now Judge of the United States District Court for the District of Columbia)

B.A., The Catholic University of America, 1991

  • • Major: Byzantine History
  • • Dean’s List, Every Semester Sophomore through Senior Years
  • • Phi Alpha Theta National Honor Society
  • • Pi Gamma Mu National Honor Society

Jurisdictions Admitted to Practice

State of Maryland, 1994
United States District Court, District of Maryland, 1994
District of Columbia, 1995
United States District Court for the District of Columbia, 2000

PROFESSIONAL HISTORY

Miles & Stockbridge, PC


Anne was hired as an associate in the firm’s Baltimore litigation department, where she worked directly with the Honorable James R. Eyler. Her practice areas included: large corporate clients handling catastrophic loss cases, medical malpractice cases, toxic torts, insurance defense and insurance coverage in federal and state courts. Anne co-tried multiple jury trials during her tenure at Miles & Stockbridge.


Crosswhite, McKenna, Limbrick & Sinclair, LLC


In 1997, Anne and other attorneys from Miles & Stockbridge co-founded Crosswhite, McKenna, Limbrick & Sinclair, LLC, (CMLS) which within one year of inception became an AV-rated premier Baltimore litigation boutique representing businesses and individuals in federal and state courts in Maryland and the District of Columbia. As one of two founding partners, Anne launched CMLS and cultivated and developed the firm’s broad array of business and private clients.


Adjunct Professor at The Catholic University of America


Since 2008, Anne McKenna has been an Adjunct Professor at The Catholic University of America, where she teaches about privacy, surveillance and media law.

MEDIA INTERVIEWS / SPEAKING ENGAGEMENTS / ADJUNCT FACULTY

Media Appearances and Interviews


Anne is frequently interviewed on national and local television in both live and prerecorded segments about electronic privacy, federal and state court judicial decisions, federal and state privacy and electronic surveillance legislation, Social Media, and Internet, computer and cellular tracking and surveillance. Anne also works closely with and is frequently quoted by reporters in national publications. Recent TV appearances and reported articles include the following:


  • • The Leeza Gibbons' Show
  • • Kweisi Mfume's Bottom Line Show
  • • 12/31/12: FOX News LIVE - Privacy, School Shootings and The NICS
  • • 11/20/12: Legal Times: Covering National Press Club Panel
  • • 11/20/12: CUA Law Press Release: after NPC Panel
  • • 11/20/12: Law360 Article: article on the Google Safari Browser FTC Settlement quoting Anne extensively
  • • 11/09/12: Silverman Thompson Lands Internet, Privacy Pro In Baltimore
  • • 11/08/12: CUA Law Press Release: Prior to the National press Club panel
  • • 11/08/12: The Tracking Clash: The Judicial, Legislative and Executive Branches Grapple with U.S. v. Jones and the Use of Geolocation and Biometric Tracking Panel Discussion
  • • 7/31/12: Fox News Nationally-Syndicated Interviews Anne McKenna on privacy and how your personal data is bought and sold on the Internet everyday
  • • 7/18/12: Fox News Cover Story: Anne McKenna interviewed on how Facebook uses you!
  • • 6/26/12: Fox News Live Interview: Anne McKenna and Facebook's New Aggressive Advertising
  • • 5/29/12: Fox News interviews Anne McKenna live re: Siri's collection of personal data
  • • 2/27/12: Fox 45 Cover Story - Privacy and the Do Not Call List
  • • 2/14/12: WBFF Fox45 - Posting Compromising and Inappropriate Images without Consent
  • • 10/18/11: WBFF Fox45 Cover Story - The Hidden Dangers of Smartphones
  • • 11/9/11: WBFF Fox45 Cover Story - Insurance Companies Tracking Driving Habbits
  • • 1/30/11: Fox News - Supreme Court GPS tracking decision

To watch video clips of these interviews, please click on our In The Media tab at www.silvermckenna.com


Lecturer/Panelist


Anne routinely presents seminars to educational institutions, schools, students, law enforcement and private sector businesses on Internet, computer and cellular surveillance, searches, tracking, and employer/employee Internet usage and monitoring. Highlights from Anne’s Lecturer/Panelist work in 2012 include:


Privacy Law Scholar's Conference (PLSC): Anne is a regular, invited participant in the invitation-only Privacy Law Scholars’ Conference. Hosted by GW and Berkeley Law Schools, the PLSC is a conference in which invited leaders from around the world and representatives from private industry (such as Google, Microsoft, IBM, and Facebook), government, legislators, academics, and private practitioners come together to discuss, address and shape the future of all aspects of digital privacy, nationally and internationally. In May of 2011, Anne was invited to comment and lead the group discussion for a panel on employment privacy at the PLSC annual conference at Berkeley School Law. In June 2012, Anne was again invited by the PLSC organizers to comment and to lead the discussion in the final, encore presentation of a panel discussing legislative issues with respect to privacy at GW Law School in Washington, D.C..


CUA’s Law and Public Policy Lecture Series: In February of 2012, Anne spoke as a guest panelist at The Catholic University of America's Columbus School of Law to discuss the Supreme Court's January 2012 decision in U.S. v. Jones, a GPS tracking case, and to analyze the privacy policy issues raised by the three opinions issued with the decision.


The National Press Club: In November 2012, Anne was invited to assemble and speak at the National Press Club on the following panel: THE TRACKING CLASH: The Judicial, Legislative and Executive Branches—Grappling with US v. Jones and the Use of Geolocation and Biometric Tracking. The Panel, moderated by the Honorable Joseph F. Murphy, Jr., (Ret., Maryland’s Court of Appeals) and led by experts from academia, private practice, and Congress, explored the conflict between case law, statutory law and law enforcement practice, and then discussed feasible legislative and judicial solutions that preserve Constitutional liberties while enabling the Government to use available technology to protect our people and institutions.


The panel (1) highlighted the existing statutory and Constitutional case law framework upon which the Jones tracking decision was based (Professor Clifford S. Fishman, The Catholic University of America Law School); (2) considered proposed legislation that seeks to address tracking and privacy (Janet Fisher, General Counsel, House Permanent Select Committee on Intelligence); (3) considered the Executive Branch and private industry’s use of tracking technology with GPS-based and biometric-based tracking (Anne T. McKenna); and (4) finally discussed the federal judiciary’s anticipated response to both the Jones and Skinner decisions and the pending Congressional legislation (Kannon K. Shanmugam, Partner, Williams & Connolly LLP, and Supreme Court expert).