Michelle Visser

Michelle Visser has extensive experience in defending companies that face the regulatory investigations, class action litigation, and payment card brand claims that frequently follow the announcement of cybersecurity incidents. In addition to litigating privacy and cybersecurity matters, Michelle has navigated numerous companies through their cybersecurity response, including by overseeing technical forensic investigations, advising on notification obligations and coordinating communication strategies.

• Engagements

  Privacy & Cybersecurity

  • Arby's. Representing Arby's in its defense of card issuer class action litigation stemming from a payment card incident announced in February 2017.
  • Acuant. Representing Acuant in defending a privacy class action alleging that Acuant violated the Illinois Biometric Information Privacy Act in connection with Acuant’s development and licensing of identity verification technologies.
  • Chegg. Representing Chegg in defending consumer class action litigation stemming from cybersecurity incident announced in September 2018.
    
  • Nordstrom. Represented Nordstrom in successfully compelling individual arbitration after a former employee filed a putative class action relating to a data mishandling incident announced in 2018.
  • LabMD. Represented LabMD in its successful petition to the U.S. Court of Appeals resulting in the first-ever court decision overturning an FTC cybersecurity action.
  • Ascension Data & Analytics. Represented Ascension in defending two consumer class actions stemming from a data security incident suffered by our client’s third-party vendor, where the named plaintiffs each ultimately filed a notice of voluntary dismissal of their claims.
  • Supervalu Inc. Represented Supervalu in responding to regulatory inquiries stemming from the data security breach that Supervalu announced in 2014.
  • Target. Represented Target in successfully resolving card brand claims and card issuer class action litigation stemming from the data security breach that Target announced in 2013.
  • Sony. Represented Sony and its various entities in investigating the data security breaches announced in 2011 and in responding to regulatory and card brand inquiries stemming from those security breaches.
  • Heartland Payment Systems. Represented Heartland in the FTC investigation stemming from the data security breach announced by Heartland in 2009, which the FTC closed without taking any action against the company.
  • The TJX Companies Inc. Represented TJX in securing a favorable settlement to terminate the investigation of a multi-state working group of 40 Attorneys General into the data security breach announced by TJX in 2007.

  Other Complex Commercial Litigation

  • PIMCO, BlackRock and TIAA. Represented the investment managers in defending third-party contribution actions relating to residential mortgage-backed securities trusts.
  • First Guarantee Mortgage Corporation. Defended FGMC in an indemnification action involving the sale of mortgage loans brought by the Rescap Liquidating Trust.
  • Hitachi-LG Data Storage. Represented the Korean-Japanese joint venture in defending civil class actions, opt-out actions, and a state action alleging price-fixing in the optical disk drive industry.
  • American Dental Partners Inc. Represented ADPI in securities fraud and derivative litigation stemming from ADPI’s announcement of a prior litigation loss. Secured dismissal of the derivative action and settlements within insurance policy limits to terminate the securities actions.