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, and holds the CEDS' eDiscovery specialist credential. Nichole works 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 following cybersecurity incidents.
  • Works with the litigation team in class actions and regulatory investigations resulting from cybersecurity incidents to manage discovery.
  • Advises on compliance with international data transfer restrictions and data localization requirements, including the utilization of cross-border transfer mechanisms, such as the EU-U.S. Privacy Shield framework and standard contractual clauses.
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Experience

  • Works directly with in-house counsel, internal stakeholders and third-party vendors to preserve evidence following cybersecurity incidents.
  • Works with the litigation team in class actions and regulatory investigations resulting from cybersecurity incidents to manage discovery.
  • Advises on compliance with international data transfer restrictions and data localization requirements, including the utilization of cross-border transfer mechanisms, such as the EU-U.S. Privacy Shield framework and standard contractual clauses.
  • 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; involved in discovery for multiple matters related to the bankruptcy.

Recognitions and Memberships

Recognitions

  • Association of Certified E-Discovery Specialists (CEDS): Certified E-Discovery Specialist

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 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

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Discovery Advocate
What the Working Party might be Thinking about Discovery – WP 261 Derogations to the GDPR
By James A. Sherer, Nichole L. Sterling
April 23, 2018
On Feb. 6, 2018, the Article 29 Working Party (Working Party 29) published Working Paper 261 (WP 261), which provided guidance on the provisions of Article 49 of the European Union’s (EU) General Data Protection Regulation (GDPR). This...
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Discovery Advocate
What Controls: The Location of the Data or the Location of the Searches for the Data?
By Emily R. Fedeles, Jennifer A. Mills, Nichole L. Sterling
March 1, 2018
The U.S. Supreme Court recently heard oral arguments in U.S. v. Microsoft, tackling the question of whether an organization can refuse to disclose foreign-stored data sought by the U.S. government through domestic warrants. Currently, the...
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Discovery Advocate
Perfection Not Required in Technology Assisted Review, but Transparency Might Be
By James A. Sherer, Nichole L. Sterling
February 5, 2018
A recent discovery order in a Southern District of New York public housing lottery discrimination case supported the use of technology assisted review (TAR) but required additional transparency, providing another view into how judges will...
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Data Privacy Monitor
European Court Provides Further Clarity on Employee Monitoring
By Emily R. Fedeles, Nichole L. Sterling
September 20, 2017
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Barbulescu v Romania (Barbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Barbulescu...
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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...
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