Nicole Kardell

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Biography

Nicole approaches her legal practice from both a global and a business perspective: she advises clients in a way that factors the broader ramifications of the legal issue before them, in addition to practical considerations. In this, she strives for effective and efficient advocacy.

A member of Ifrah Law’s Privacy Law team, Nicole is a certified privacy professional with expertise in European privacy law (CIPP/E), in particular the GDPR. She helps companies to navigate the changing face of privacy regulations and to keep their business practices and partnerships in compliance with the law both domestically and abroad. She regularly advises clients on:

  • Public-facing privacy statements
  • Internal privacy policies
  • Data protection agreements
  • Data retention practices
  • Data breach response procedures
  • Employee privacy training

Helping to serve the firm’s litigation and enforcement practices, Nicole’s work also includes federal agency investigations and enforcement, bid protests and business litigation, and white collar defense. She has worked on matters involving the Federal Trade Commission, Department of Justice, Internal Revenue Service, Offices of Inspector General of several federal agencies, and Attorneys General of numerous states. Nicole also has worked on many matters in which clients have proactively opposed government action – before administrative as well as judicial bodies. When necessary, she has taken policy issues to congressional offices and committees.

Some of her representative matters include:

  • For a U.S.-based eSports company that operates in a number of jurisdictions around the globe, Nicole counseled on GDPR compliance measures and requirements, helping the company to revise its policies, notices and consents, identify E.U.-based compliance support, and strategize compliance best practices for their business.
  • For a U.S.-based online advertising company that is regularly rated as one of the top CPA networks, with clients worldwide, Nicole helped the company on ground-up GDPR compliance, including internal policies, partner contracts, customer-facing notices and consents, and compliance best practices. She continues to advise the company on GDPR compliance issues as questions arise.

 

Professional + Community

  • Certified Information Privacy Professional/Europe (CIPP/E) Certification, International Association of Privacy Professionals
  • President and Member of the Board of Directors of the Alliance Francaise de Charlottesville
  • Former Member of the Board of Trustees for the International School of Charlottesville
  • Regular Contributor for the Foundation for Economic Education
Publications + Presentations
September 25, 2019 | Publication

"The Definitive Guide to Online Gaming and Betting in the U.S."

Comprehensive eBook from Ifrah Law, available as a complimentary download

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November 8, 2017 | Publication

"The Legal Fallout For Harvey Weinstein’s Hired Hands"

Law360

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July 20, 2015 | Publication

"The Spy In Your Pocket"

FEE.org

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April 15, 2015 | Presentation

A. Jeff Ifrah, Moderator, "Mock Trial: United States v. Ginger McKenna", iGNA 2015, Planet Hollywood Resort & Casino in Las Vegas, Nevada

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March 17, 2015 | Publication

"Bureaucracy Unlimited"

FEE.org

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January 20, 2015 | Publication

"You’ll Never Guess Who’s Trying to Hack Your iPhone"

FEE.org

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March 2014 | Publication

"Because We Have To", Career College Central

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January 2014 | Publication

"Anticipating Gainful", Career College Central

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November 2013 | Publication

"Your Other Regulatory Concern", Career College Central

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March 2008 | Publication

"Are You Prepared For a Government Probe?", National Defense Magazine

Case Studies

Securing Dismissal of a False Claims Qui Tam Suit

Jeff Ifrah successfully represented global health care leader Merck in a False Claims Act qui tam suit and got the case dismissed.

The suit involved a whistleblower that worked for a health care buying company (a group purchasing organization that purchases supplies and drugs). Terminated from the buying group, the employee alleged she was retaliated against because of issues she raised about the buying process.

The case was brought before the U.S. District Court for the Northern District of Texas, and 18 drug companies were named as defendants in an alleged bribery scheme. Jeff represented Merck, which was one of the named defendants. He filed a successful motion to dismiss the complaint, based on the former employee’s alarming lack of specificity in her claim.

Not only was our motion to dismiss successful, it was efficient: Jeff won the dismissal roughly one year after Merck and the other defendants were originally served.

(United States ex rel. Fitzgerald v. Novation LLC, et al., S.D. Tex., No. 3:03-CV-01589))

Blog Posts
November 22, 2019

Data Control of the People, by the People, for the People…

Data Control of the People, by the People, for the People…

Can the free market weigh in on data privacy and further data privacy rights in way that the law cannot? Can the free market put control over people’s data back in individuals’ hands? Many of us have been waiting for a market solution to address the privacy of personal data. As attorneys, we know from… Read More

November 12, 2019

Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies

Putting the Brakes on Swift and Sweeping Adoption of Facial Recognition Technologies

When it is not clear which way to go, don’t. This is the upshot of an article by Wojciech Wiewiorowski: Facial recognition: A solution in search of a problem? Wiewiorowski is the Assistant Supervisor at the European Data Protection Supervisor (the E.U.’s independent data protection authority), which published his article on their site in late… Read More

August 6, 2019

Celebrating 10 Years by Strategizing with the Best

Celebrating 10 Years by Strategizing with the Best

How do you celebrate ten years of defending people against a criminal justice system that plays with a stacked deck? Bring in a renowned journalist and legal commentator to talk problems and solutions. Emily Bazelon, a staff writer at New York Times Magazine and the Truman Capote Fellow for Creative Writing and Law at Yale… Read More

July 22, 2019

Equifax Settlement Teaches The Dos and Dont’s About Data Security

Equifax Settlement Teaches The Dos and Dont’s About Data Security

It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was… Read More

Crime in the Suites | FTC Beat | Ifrah on iGaming