Michelle Feldman is a senior associate in the firm’s privacy and cybersecurity practice group, specializing in data protection, privacy, and cybersecurity matters. Michelle regularly assists clients with the development of global privacy programs, privacy policies, online terms, and privacy and consumer protection issues related to e-commerce, digital marketing and social media initiatives, and counsels clients regarding compliance with U.S. federal and state laws and self-regulatory frameworks, including those covering online advertising and payment card processing. Michelle also helps clients navigate the EU General Data Protection Regulation (GDPR), guiding clients through comprehensive GDPR compliance programs, including in respect of scoping and applicability, internal policies, procedures and recordkeeping requirements, externally-facing notices, vendor management, international data transfer mechanisms, information security, and training.
As an associate in the firm’s intellectual property transactions practice group, Michelle has advised a wide range of public and private companies and investors in a variety of transactions involving corporate and intellectual property matters, including intellectual property and technology licensing and transfers, trademark clearance and prosecution, mergers and acquisitions, and strategic commercial agreements.
Michelle’s clients are international in scope and come from diverse business sectors, including technology, asset management, retail, consumer products, telecommunications, healthcare and life sciences, manufacturing, food and beverage, media, academic institutions, service industries, energy, banks and other financial institutions.
Michelle also has an active pro bono practice, which has included direct representation of clients in asylum matters. Prior to joining the firm, Michelle worked at Marvel Entertainment in its Business and Legal Affairs group, and was a coordinator for the Asylum Application Assistance Program at the African Refugee Development Center, a Tel Aviv-based NGO.
- Various companies on data privacy and cybersecurity issues, including compliance with the FTC Act, TCPA, CAN-SPAM, HIPAA, state privacy laws, state notification and data security laws, GDPR, e-Privacy Directive, and self-regulatory standards, including PCI DSS, CTIA, and DAA and NAI self-regulatory frameworks.
- Various companies in connection with their comprehensive GDPR compliance programs.
- Marquee Brands in its acquisition of British men’s clothing brand Ben Sherman and its related intellectual property assets from Oxford Industries, Inc.
- Castanea Partners in its acquisition of a minority interest in Proenza Schouler, the New York-based luxury fashion brand, in its acquisition of the Thymes, LLC, a creator of curated bath, body and home fragrance collections, in its investment in Yasso, Inc., a manufacturer of novelty ice cream bars, and in its investment in Essentia Water, a leading provider of alkaline drinking water
- Dunkin’ Brands, Inc. in IP and licensing matters in connection with its $2.6 billion whole-business securitization
- Pfizer in connection with various social media and privacy-related matters
- TSG Consumer Partners in IP matters relating to investments in multiple fashion, retail and consumer products companies, including Alexis Bittar and Revolve Clothing
- KarpReilly in its acquisition of a majority interest in Sprinkles Cupcakes
- Wright Medical Technology in its sale of its OrthoRecon business to MicroPort Scientific Corporation
- SKM Equity Fund III and Ollie’s Bargain Outlet in the sale of Ollie’s to CCMP Capital Advisors
- Co-author, “Countdown to Compliance: 1 Year to Go Until GDPR Enforcement,” Law360 (May 26, 2017)
- Editor and co-author, “General Data Protection Regulation: Roadmap to Compliance,” Ropes & Gray LLP (2017)
- “Putting the Brakes on Libel Tourism: The Effects Test as a Basis for Personal Jurisdiction under New York’s Libel Terrorism Protection Act,” 31 Cardozo Law Review 2457 (2010)
- Co-Presenter, “What U.S. Companies Need to Know about the EU General Data Protection Regulation (GDPR),” Boston Bar Association (May 2, 2017)