Montserrat C. Miller

Partner
1775 Pennsylvania Avenue NW
Suite 1000
Washington, DC 20006
202.677.4038 phone
202.677.4039fax

Representative Experience

Data Privacy and Security

  • Draft general website privacy policies, including specifically policies related to the Department of Commerce’s Privacy Shield self-certification.
  • Represent organizations with respect to a data breach and notification under state breach notification laws.
  • Represent background screening companies and employers in defending against class action and individual complaints alleging violations of the Fair Credit Reporting Act (FCRA) (and analogous state law) as well as demand letters.
  • Advise companies on international transfers of personal data to the United States from abroad, including advising companies on Privacy Shield certification through the U.S. Department of Commerce and other onward mechanisms of transfer.
  • Advised a provider of college readiness assessments in development of policies and procedures to adhere to U.S. and international law with respect to the collection, use, onward transfer and disclosure of student personal data.
  • Draft employer policies and procedures necessary to implement a legally compliant background screening program considering the FCRA, EEOC guidance on the use of criminal history records as well as state and local consumer protection statutes such as Fair Chance Hiring Laws and credit restrictions.

Immigration Compliance

  • Conduct internal audits of company’s Employment Eligibility Verification forms (Form I-9) and provide counsel on hiring and antidiscrimination issues related to their workforce.
  • Represent employers during workplace investigations conducted by the Department of Homeland Security, Immigration and Customs Enforcement (ICE) as well as during settlement negotiations with ICE related to civil penalties imposed under a Notice of Intent to Fine.
  • Advise I-9 electronic software solution providers on compliance with immigration law and regulations as well as guidance from the Department of Homeland Security.

Government Affairs

  • Represent clients before the U.S. Congress, Department of Homeland Security, Equal Employment Opportunity Commission and the Federal Trade Commission.
  • Organize coalition building with like-minded organizations to benefit client interests.
  • Draft client comments as part of Federal Register notices for comments.
  • Ms. Miller was as a witness before the National Association of Criminal Defense Lawyers, NACDL Task Force on Restoration of Rights and Status after Conviction in February 2013, as a legal expert on background screening for employment purposes under the Fair Credit Reporting Act (FCRA).
  • Ms. Miller testified before the U.S. Commission on Civil Rights (USCCR) on the use and value of criminal history records for pre-employment screening purposes. Ms. Miller also appeared on NBC’s Today Show speaking on employment background screening and the role of the FCRA.