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

Michelle Kisloff works at the intersection where the evolving standards of data privacy and protection meet the rigid prospects of litigation and regulatory enforcement.

She has assisted organizations in responding to some of the largest data breaches and state-sponsored cyber attacks on record — and in defending against the internal investigations, class action litigation, Congressional inquiries, and regulatory enforcement actions that follow these events. She has also handled dozens of other inquiries into data use and breaches that have not resulted in a public record because, after investigation, the clients decided not to make a public notice.

Michelle also 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 and is currently defending consumer class actions related to data collection and alleged consumer tracking.

Michelle advises clients and speaks frequently 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. Her clients view her as a problem-solver focused on finding practical and workable legal resolutions.

Michelle has nearly 20 years of experience successfully litigating more traditional commercial issues, including insurance coverage disputes, complicated indemnification questions, antitrust claims, post-merger disputes over deal disclosures and terms, and franchise arrangements.

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.

Awards and recognitions

2014

Industry Focus: Insurance: Advice to Insurers
Legal 500 US

2017

Healthcare: Health Insurers
Legal 500 US

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, 2nd Circuit

U.S. District and Bankruptcy Court, District of Columbia

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

Related Knowledge

Cybersecurity

Representative experience

Defending health insurance company in multidistrict litigation and regulatory investigations arising from cyber attack.

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, on-line software providers, and others in investigations by the FTC that were resolved without any complaint or public action.

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

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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