Michelle Reed

Michelle A. Reed represents clients in a variety of complex civil litigation matters, including securities class actions, derivative suits and consumer class actions. She also assists clients in conducting comprehensive privacy and security risk assessments, as well as developing policies and procedures to mitigate and remediate cybersecurity threats.

As a Certified Information Privacy Professional (CIPP/US, International Association of Privacy Professionals), Michelle counsels corporations in data breach investigations and notifications, Securities and Exchange Commission (SEC) cybersecurity compliance and regulatory issues, privacy and data protection compliance, and cloud computing advice.
Representative Work:

• Cybersecurity Engagements:
  • Advising a multistate hospital system in a data breach by a third-party vendor affecting nearly four million patients nationwide; counseling on notification obligations to patients and regulators and multidistrict litigation.
  • Represented an online retailer in a data breach affecting 50 states and 16 countries; assisting with the identification of the nature and scope of the intrusion; working with the information technology team and experts to restore normal system operation; providing customer notification and call center management, states’ regulatory negotiations, discussions with PCI-DSS council and payment card issuers, and public relations communications.
  • Counseling a retailer with more than half a billion dollars in annual sales in all phases of an unauthorized intrusion into its network, interfacing with the Federal Bureau of Investigation (FBI) and Identifying internal control improvements.
• Class Action and Derivative Litigation Engagements:
  • Obtaining a favorable settlement within insurance limits in a derivative suit against directors of a publicly traded energy company alleging claims of breach of fiduciary duty and unjust enrichment.
  • Representing a guardrail manufacturer in two consumer class actions in the Western District of Wisconsin and Southern District of Illinois alleging fraud, breach of warranty and contract unjust enrichment, and violations of the Deceptive Trade Practices Act.
  • Securing a complete dismissal of fiduciary duty claims alleged against directors of a publicly traded company in federal court in Texas.

Speeches:

• “Incident Response and Crisis Management” and “State & International Compliance Overview,” Akin Gump’s Cybersecurity Bootcamp, New York, December 5, 2018
• “Trends in Consumer Class Actions,” Akin Gump CLE Series, Dallas, October 2018.
• “Value-Based Branding: Why Building Relationships Trumps Selling,” National Association of Women Lawyers Conference, Dallas, May 3, 2018.
• Moderator, Akin Gump’s Spring Cybersecurity Boot Camp, Dallas, March 2, 2018.
• “The Attorney-Client Privilege Survival Guide,” Akin Gump In-House Counsel Series, Dallas, January 24, 2018.
• “Cybersecurity,” SEC Hot Topics Institute, Dallas, September 14, 2017.
• “Data Privacy and Cybersecurity – What CRAs Need to Know,” AccioData Conference, Austin, February 21, 2017.
• “The Practical Approaches to Data Privacy & Cyber Security,” Apollo Portfolio Company Conference, Las Vegas, October 17, 2017.
• “Trends in Consumer Class Actions: How to Avoid Becoming a Target,” Akin Gump In-House CLE Series, (Location, October 2016).
• “Advanced Healthcare Security Strategy: Preventing and Responding to Data Breaches,” co-hosted by Akin Gump and Tatum, May 18, 2016.
• Program Co-Chair, “EU General Data Protection Regulation: Overview of key changes and a discussion of needed preparations,” co-hosted by Akin Gump and CompTIA, April 4, 2016.
• Panelist, “Cybersecurity Preparedness for 2016: Board Oversight & Best Practices,” hosted by The Society of Corporate Secretaries – Texas Chapter, Dallas, March 2, 2016.
• Panelist, “Lawyers Leading the Race to Cybersecurity: How to Help Your Leadership Defend Attacks in 2016,” ACC South Central, Location, February 3, 2016.
• Panelist, “EB-5 & Data Security – Risk Management and Insurance Considerations,” Invest in the USA, Webinar, January 7, 2016.
• Panelist, “Investment Management Spotlight – The Ever-Changing Landscape,” hosted by Deloitte and the Managed Funds Association, December 3, 2015.
• Panelist, “Map the Privacy Frontier,” Bloomberg BNA Privacy & Data Security Breakfast Panel Discussion, September 16, 2015.
• Panelist, “Cybersecurity – What Fund Managers and Investors Need to Know,” Akin Gump Dallas Quarterly Roundtable, Dallas, September 10, 2015.
• “Cybersecurity Risk Management, Due Diligence and Breach Response,” Akin Gump’s Seminar on The Cybersecurity Pandemic, Dallas, April 28, 2015; Houston, April 29, 2015.
• Panelist, “Cybersecurity: Risks and Best Practices for Medical Device Makers,” MDMA Webcast, March 25, 2015.
• Panelist, “Cybersecurity Risk Management and Due Diligence,” Akin Gump’s Seminar on The Cybersecurity Pandemic, November 5, 2014.
• Panelist, “Fraud-on-the-Market Theory: Significant Issues and Updates for 2014 and Beyond,” The Knowledge Congress Live Webcast, August 7, 2014.

Affiliations:

• Co-Chair, Class Actions and Derivative Suits and Securities Litigation, Litigation Section, American Bar Association.
• Member, Standing Committee on Legal Services to the Poor in Civil Matters, State Bar of Texas.
• Member, Bar Association of the 5th Federal Circuit.
• Member, Texas Bar Association Pro Bono College.
• Member, J. Reuben Clark Law Society.
• Co-Founder, Domestic Violence Project, Austin Young Lawyers Association; awarded best statewide public service project by the Texas Bar Association.
• Member and Volunteer, Women’s Advocacy Project, a statewide nonprofit that promotes access to justice for Texas women and children who are victims of domestic violence and child abuse
• Panel Counsel, Directors and Officers Securities Claims and Investigation EdgeSM Panels of the American International Group. (AIG)
• Alumnus, Texas State Bar Association Leadership Conference.
• Member, Leadership Dallas Class of 2019.

Recognition:

• National Diversity Counsel – Top 50 Women Lawyers in Dallas, 2017
• Recipient of the Frank Scurlock Award for Outstanding Pro Bono Service, State Bar of Texas.
• The Legal 500 US, Cyber Law, 2017 to 2018.

Education:

• J.D., Brigham Young University, J. Reuben Clark Law School, summa cum laude, 2003
• B.A., Brigham Young University, with honors, 1999

Bar Admissions:

• Texas