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Elaine F. Harwell

Elaine F. Harwell

Partner and Privacy Officer

Elaine F. Harwell


New Jersey;
New York;
US Court of Federal Claims;
USDC, Central District of California;
USDC, District of New Jersey;
USDC, Eastern District of California;
USDC, Eastern District of New York;
USDC, Southern District of California;
USDC, Southern District of New York




525 B Street, Suite 2200, San Diego, CA 92101

Office Tel.





Elaine focuses on representing clients in privacy and data security matters, including litigating claims involving privacy issues, helping clients manage emerging risks and conduct privacy risk assessments, and advising on regulatory and compliance issues. She has been involved in numerous trials, as well as arbitration proceedings, related to contract and general business disputes, trade secret matters, complex unfair competition and business practice claims, and professional liability. Elaine has earned the ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US) and the Certified Information Privacy Manager (CIPM) credentials through the International Association of Privacy Professionals (IAPP), and is the leader of Procopio’s Privacy and Cybersecurity practice and the firm’s Privacy Officer.

  • Represented rehabilitation center in litigation involving privacy violations and Confidentiality of Medical Information Act claims.
  • Litigated multiple consumer class action cases involving privacy issues and claims of unfair business practices.
  • Assist organizations with complying with various data privacy and security laws, including the California Consumer Privacy Act.
  • Work with clients to build data privacy programs, including forming policies and procedures around data privacy and cybersecurity.
  • Represented communications and technology company through trial in a multi-million dollar breach of contract and trade secret dispute.
  • Successfully defended national accounting firm against claims of breach of contract and unfair competition and business claims in state court trial and on appeal.

  • Super Lawyers® Rising Star, 2015-2018
  • Best Lawyers® Commercial Litigation and Consumer Law, 2024-present
  • Best of the Bar, San Diego Business Journal, 2015-2016
  • ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US), International Association of Privacy Professionals (IAPP)
  • ANSI-accredited Certified Information Privacy Manager (CIPM), IAPP

  • JD, Seton Hall University School of Law, 2004
  • BA, University of California, Los Angeles, 2000

  • California Lawyers Association, Privacy Law Section Executive Commitee Member
  • San Diego County Bar Association’s Service Members Civil Relief Act Pro Bono Panel Program, assisting active duty military personnel
  • Lawyers Club of San Diego, active leader and member
  • Association of Business Trial Lawyers of San Diego, member
  • International Association of Privacy Professionals, member
  • Meritas, Vice Chair of US/Canada Data Privacy Practice Group