ED MCNICHOLAS, co-chair of Sidley’s Privacy, Data Security, and Information Law practice, has an expansive practice representing clients facing complex information technology, constitutional and privacy issues in civil and white-collar criminal matters. Ed focuses on trial and appellate representations of technologically-sophisticated clients facing complex personal information and cybersecurity issues. He is also an experienced counselor, public policy advocate and internal investigator.
Commended by The Legal 500 US for his “deep knowledge of privacy and information security,” Ed has significant experience with a wide-range of cutting-edge Internet and information law matters involving privacy and data protection, electronic surveillance, cybersecurity, cloud computing, trade secrets, online advertising, social media, “big data” and national security. His internal investigation and litigation matters frequently involve complex, multi-jurisdictional, and multi-national litigation issues, particularly federal court jurisdictional and constitutional concerns, especially related to the First and Fourth Amendments. Ed also has particular experience in the use of Internet and financial forensic analyses, the investigation of complex international frauds and electronic discovery issues.
Reflecting the breadth of Ed’s practice, his recent experience includes:
Adheris v. Sebelius, (D.D.C. 2013) – Constitutional challenge to HIPAA/HITECH refill reminder regulations.
In re: Google Inc. Cookie Placement Consumer Privacy Litigation, MDL No. 2358 (D. Del. 2012-2013) – Representing Internet advertising company, PointRoll, in litigation regarding cookies and browser settings.
Advise several corporate clients regarding information and surveillance law issues related to national security concerns.
Assist corporations with preparation for and responses to sophisticated cybersecurity incidents.
Ed frequently is recognized as a leader in his field. In addition to his inclusion in The Legal 500 US, Ed has been named in a Computerworld survey of “Best Privacy Advisers” as one of the “Top 25 Privacy Experts” in the country and has been included in The International Who's Who of Internet, e-Commerce & Data Protection Lawyers since 2011. Chambers USA has included Ed in its rankings of the country’s Leading Lawyers since 2008 and notes that he “impresses sources with his outstanding knowledge and responsive service . . . handling complex privacy matters in his trial and appellate practice.” Reflecting Ed’s focus on global data protection issues, Chambers Global has also recognized Ed since 2011. Chambers also has commended Ed in its nationwide litigation rankings for e-discovery.
Prior to joining Sidley, Ed served as an Associate Counsel to President Clinton. In that capacity, he advised senior White House staff regarding various Independent Counsel, congressional and grand jury investigations.