Nichole L. Sterling

Associate

New York
T +1.212.589.4282
F +1.212.589.4201

Overview

Nichole Sterling is focusing her developing practice on electronic discovery and privacy and data protection. She has significant experience managing discovery in complex litigation and regulatory investigations, working seamlessly with case teams to ensure client needs are met.

In addition to holding a foreign language doctorate, Nichole has spent several years living and working in Europe, including a clerkship at the Court of Justice of the European Union, and is well positioned to assist clients with cross-border discovery and data protection concerns.

Select Experience

  • Works directly with in-house counsel, internal stakeholders and third-party vendors to preserve evidence and manage discovery in data breaches and cybersecurity incidents.
  • Works with the litigation team in class actions and regulatory investigations resulting from data breaches and cybersecurity incidents to manage discovery.
  • Member of the BakerHostetler team serving as court-appointed counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, an unprecedented recovery effort involving hundreds of actions.
More »

Experience

  • Works directly with in-house counsel, internal stakeholders and third-party vendors to preserve evidence and manage discovery in data breaches and cybersecurity incidents.
  • Works with the litigation team in class actions and regulatory investigations resulting from data breaches and cybersecurity incidents to manage discovery.
  • Assisted in drafting and negotiating multi-party contracts in complex technology transactions.
  • Researched and wrote internal memoranda and a technical annex describing the scope, impact and legal implications of the EU's Data Retention Directive as background for the Court of Justice of the European Union's decision in Digital Rights Ireland.
  • Member of the BakerHostetler team serving as court-appointed counsel to the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, an unprecedented recovery effort involving hundreds of actions.
  • Assisted in the representation of a transnational food and beverage company; involved in discovery in several cases arising out of false claims allegations against the client.
  • Supported discovery efforts in bankruptcy litigation involving the return of payments made by a corporate estate to a global financial services firm.
  • Supported discovery efforts in litigation and regulatory investigations in connection with the representation of one of the world's leading credit rating agencies in all matters arising out of its rating of structured finance securities, including securities backed by subprime mortgages.
  • Assisted in the representation of a global financial services firm during a major bankruptcy proceeding; reviewed and redacted documents, prepared privilege logs, and assisted in training and supervising contract attorneys during discovery for multiple matters.

Recognitions and Memberships

Memberships

  • American Bar Association
    • Section of International Law
    • Young Lawyers Division
      • TYL, Associate Editor (2017 to 2018)
  • New York City Bar Association
    • European Affairs Committee (2015 to 2018)
  • The Sedona Conference Working Group on Electronic Document Retention
    • Working Groups 1, 6, and 11

Pro Bono

  • Revised and updated a non-profit’s guide to state and federal employment rights for victims of domestic violence, sexual assault or stalking.
  • Represents LGBT individuals seeking asylum in the U.S.; drafts and files application materials and prepares materials to support the asylum application prior to the asylum interview. 
  • Researched zoning and fair housing regulations in two Louisiana parishes and drafted reports to assist with a larger housing research project.

Prior Positions

  • Kelley Drye & Warren LLP: Discovery Attorney (2015 to 2016)
  • Cahill Gordon & Reindel LLP: Discovery Attorney (2013 to 2015)
  • European Court of Justice, Luxembourg: Dean Acheson Legal Stagiaire, Judge Thomas Von Danwitz (2013)
  • Law Clerk for Senator Al Franken, Senate Judiciary Committee, Subcommittee on Privacy, Technology and the Law (2011)

Admissions

  • New York

Education

  • J.D., University of Michigan Law School, 2012; Michigan Telecommunications and Technology Law Review, Executive Production Editor; International Transactions Clinic, Student Attorney (2010 to 2012)
  • Ph.D., Scandinavian Studies, University of California, Berkeley, 2008
  • B.A., Gustavus Adolphus College, 1997, magna cum laude

Languages

  • Swedish

Blog

In The Blogs

Previous Next
Discovery Advocate
Cost Shifting Ordered Due to Inadequate Meet and Confer
By Nichole L. Sterling
July 26, 2017
Discovery is not about gamesmanship, and parties are expected to engage in meaningful negotiation about the terms of discovery agreements. That is the message from Judge A. Kathleen Tomlinson of the Eastern District of New York, who...
Read More ->
Discovery Advocate
Judge Peck to Attorneys – Wake Up and Read Rule 34
By Edward J. Jacobs, Nichole L. Sterling
March 16, 2017
It has been more than a year since the update to the Federal Rules of Civil Procedure, and Judge Peck is losing patience with litigators who do not follow the “no-longer-new 2015 Amendments.” Recently, in Fischer v. Forrest, he took...
Read More ->
Discovery Advocate
If the Scope of Discovery Changed and No One Paid Attention, Did the Scope of Discovery Change?
By Emily R. Fedeles, Nichole L. Sterling
January 27, 2017
The scope of discovery may be more limited than you think. The Cole’s Wexford opinion provides a thorough dissection of the history and past iterations of Rule 26 and a clear explanation of the status of the current rule as amended in...
Read More ->