Montserrat is a partner and co-chair of the Data Privacy practice, as well as co-chair of the Background Screening industry team. She is a trusted adviser to companies, providing counsel related to the collection and use of personal information, including criminal history and other public record details, credit history, student data, and employee and tenant data.
Montserrat has developed a national practice advising consumer reporting agencies (aka background screening companies), software providers, providers of data, and employers regarding compliance with the Fair Credit Reporting Act (FCRA) and state consumer reporting laws. This includes the use of criminal and credit history information, motor vehicle records, as well as Fair Chance Hiring laws (aka Ban the Box ordinances), all tied to employment and tenancy checks.
Montserrat’s legal advice addresses online privacy, privacy policies, and compliance programs, as well as privacy impact assessments. When data security and breach notification issues present themselves, she guides clients through their response to data security incidents. Montserrat also handles government investigations, including immigration and workforce-related audits and investigations. Montserrat also advises companies on compliance related to the Children’s Online Privacy Protection Act (COPPA), as well as state privacy laws, such as in California and Virginia. Montserrat is a certified information privacy professional (CIPP/US and CIPP/E) through the International Association of Privacy Professionals.
As part of her practice, Montserrat also counsels and defends companies regarding their hiring practices and compliance with the government’s Form I-9 and E-Verify employment eligibility verification requirements. Her practice includes defending employers in civil and criminal government investigations and conducting immigration-related internal investigations and Form I-9 audits. She has previously served as a member of the American Immigration Lawyers Association’s (AILA) Verification and Documentation Liaison Committee, the committee that addresses worksite enforcement, Form I-9, and E-Verify matters.
Montserrat is a member of the firm’s Diversity, Equity, & Inclusion and Hiring committees. She is a frequent invited speaker on topics related to data privacy and employment background screening. Additionally, Montserrat is fluent in Spanish.
Prior to joining AGG, Montserrat was in private practice with Greenberg Traurig LLP. She also worked in the U.S. Senate as Judiciary Committee Counsel to Senator Dianne Feinstein and began her legal career as a trial attorney for the U.S. Department of Justice, Immigration, and Naturalization Service, entering service through the Attorney General’s Honors Program.