Nichole L. Sterling

Associate

New York
T +1.212.589.4282
F +1.212.589.4201

Overview

Nichole Sterling focuses her practice on electronic discovery, information governance, and privacy and data protection. She has significant experience handling all aspects of discovery in complex litigation and regulatory investigations. Nichole holds the CEDS e-discovery specialist credential and regularly advises on a variety of legal questions related to information and data. She also assists clients with a wide range of domestic and international compliance issues related to information governance, emerging technology, and privacy and data protection. In addition to holding a foreign language doctorate, Nichole spent several years living and working 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 needs.

Select Experience

  • Counsels clients on information governance practices, including developing and implementing records retention schedules, maintenance and destruction policies, legal hold policies, and related procedures and materials.
  • Advises on international discovery and data protection issues, including the use of foreign data in U.S. litigation and regulatory investigations and international data breach notification requirements.
  • Advises on the requirements of the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) and assists with the development, implementation, and maintenance of compliance programs.
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Experience

  • Counsels clients on information governance practices, including developing and implementing records retention schedules, maintenance and destruction policies, legal hold policies, and related procedures and materials.
  • Advises on international discovery and data protection issues, including the use of foreign data in U.S. litigation and regulatory investigations and international data breach notification requirements.
  • Advises on the requirements of the EU General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) and assists with the development, implementation, and maintenance of compliance programs.
  • Works directly with in-house counsel, internal stakeholders, and third-party technologists to preserve evidence following cybersecurity incidents and manage discovery in subsequent class actions and regulatory investigations.
  • Counsels clients 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.
  • Drafts and negotiates data protection/data processing agreements regarding the handling of personal data and multi-party contracts in complex technology transactions, including associated artificial intelligence (AI) development and operation.
  • Provides guidance on the creation, development, and implementation of global privacy and security policies, standards, and procedures and guidelines.
  • Researched and wrote memoranda and a technical annex describing the scope, impact, and legal implications of the EU’s Data Retention Directive as judicial 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.

Recognitions and Memberships

Recognitions

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

Memberships

  • American Bar Association
    • Section of International Law
  • New York City Bar Association
  • New York State Bar Association
  • The Sedona Conference Working Group on Electronic Document Retention
    • Working Groups 1, 6, and 11

Pro Bono

  • Counseled a global non-profit on privacy and data protection issues regarding social media and youth engagement; updated information governance program.
  • Revised and updated a nonprofit’s guide to state and federal employment rights for victims of domestic violence, sexual assault, or stalking.
  • Represented LGBT individuals seeking asylum in the U.S.; drafted and filed application materials and prepared materials to support the asylum application prior to the asylum interview.

Prior Positions

  • European Court of Justice, Luxembourg: Dean Acheson Legal Stagiaire, Judge Thomas Von Danwitz
  • Law Clerk for Senate Judiciary Committee, Subcommittee on Privacy, Technology and the Law

Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • 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; Phi Beta Kappa

Languages

  • Swedish

Blog

In The Blogs

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Data Privacy Monitor
Advocate General Opinion Supports Limiting the "Right to be Forgotten" to the EU
By Nichole L. Sterling
January 23, 2019
On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU. The advocates general assist the judges of...
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Discovery Advocate
The CLOUD Act and the Warrant Canaries That (Sometimes) Live There
By Nichole L. Sterling
November 26, 2018
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to...
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Data Privacy Monitor
The CLOUD Act and the Warrant Canaries That (Sometimes) Live There
By Nichole L. Sterling
November 26, 2018
The Clarifying Lawful Overseas Use of Data Act (Pub. L. No. 115-141 (2018), or the CLOUD Act, was enacted in the U.S. on March 23, 2018, in response to difficulties U.S. law enforcement agencies (LEAs) had when attempting to gain access to...
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Discovery Advocate
E-discovery, the Cloud and Blockchain – How New Practices May Require a ‘Back to School' Approach
By James A. Sherer, Nichole L. Sterling
September 14, 2018
The practice of e-discovery has always incorporated considerations of new and emerging technologies as well as related attorney competence. With the advent of cloud services and significant use by clients, e-discovery practitioners...
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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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