Michelle A. Kisloff

Michelle A. Kisloff

Partner
Washington, D.C.

Email michelle.kisloff@​hoganlovells.com

Phone +1 202 637 6631

Fax +1 202 637 5910

Practice groupLitigation, Arbitration, and Employment

Backed by more than 20 years of experience, Michelle Kisloff is a proven litigator and advocate who helps her clients succeed when complex matters of data privacy and protection result in litigation and regulatory enforcement. She also has deep experience litigating a broad range of commercial disputes, including complicated managed care contracts and insurance coverage issues, post-merger fraud and indemnification claims, and franchise litigation. Michelle was honored to be selected by Law360 as a 2018 MVP in Privacy and Cybersecurity.

Michelle defends and advises organizations accused of violating consumer privacy or misusing consumer data. She has successfully resolved investigations by the Federal Trade Commission and various state attorneys general (most often with non-public closures) and won early dismissals of proposed class actions related to data collection and alleged consumer tracking.

She also assists organizations in responding to some of the largest data breaches and state-sponsored cyberattacks on record – and in defending against the internal investigations, class action litigation, Congressional inquiries, and regulatory enforcement actions that follow these events.

Michelle is at the forefront of the evolving body of privacy and data law. She frequently advises clients and speaks on developing data privacy and security programs, complying with consent decrees arising from privacy-related enforcement actions, planning for data security events, and in evaluating cyber-insurance coverage.

Before joining Hogan Lovells, Michelle clerked for a federal district court judge in Pennsylvania and also worked for another law firm in New York City. Michelle volunteers her time as a member of the board of directors of My Sister's Place, which provides housing and support to women and children fleeing domestic violence in Washington, D.C.


Education and admissions

Education

J.D., Harvard Law School, magna cum laude, 1996

A.B., Duke University, magna cum laude, 1993

Memberships

Member, District of Columbia Bar Association

Bar admissions and qualifications

District of Columbia

New York

Court admissions

U.S. Court of Appeals, District of Columbia Circuit

U.S. Court of Appeals, Second Circuit

U.S. Supreme Court

U.S. Bankruptcy Court, District of Columbia

U.S. District Court, District of Columbia

U.S. District Court, Southern District of New York

Related Knowledge

Cybersecurity Internet of Things

Representative experience

Defending leading technology/app company in class actions arising from a cyberattack, and succeeding in early motions to significantly limit the company’s exposure.


Defending major technology company accused of violations of the Children's Online Privacy Protection Act.

Won early dismissal for internet advertising company accused of violating consumer privacy under common law and state statutes and successfully defended that dismissal on appeal.

Defending health insurance company in multidistrict class-action litigation and regulatory investigations arising from cyber attack, including depositions of expert witnesses.

Obtained dismissals, without any complaint or public action, for retailers, online software providers, and others in privacy investigations by the FTC.

Retained by board of directors demand review committee to investigate shareholder claims following data security incident.

Conducted a review of the client data privacy and security practices of Bloomberg LP and assisted in responses to inquiries worldwide.

Leading fact investigations and defense to regulatory investigations for retailers and university hospitals that have announced cyber attacks.

Defended insurance company from bid-rigging allegations in antitrust litigation by state attorney general and class action plaintiffs.

Defended retailers, online software providers, and others in investigations by the FTC that were resolved without any complaint or public action.

Defended health insurance company in AAA arbitration based on alleged breach of provider agreement; case settled favorably to client after first day.

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