Montserrat is a partner and co-chair of the Data Privacy practice and co-chair of the Background Screening industry team. She is also a member of the Immigration practice. Through her dual practice in Data Privacy and Immigration, she advises organizations and individuals.
As a data privacy lawyer, Montserrat advises organizations on privacy policies, data breaches, and the appropriate collection, use, disclosure, and destruction of consumer’s personal information.
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 also advises organizations on their obligations and compliance with the California Consumer Privacy Act as well as the EU’s General Data Protection Regulation (GDPR). The latter is related to the processing of consumer personal data, including mechanisms for the lawful transfer of personal data from the European Union to the United States, such as on the basis of standard contractual clauses. She also advises clients on matters related to the Children’s Online Privacy Protection Act (COPPA).
Montserrat is a certified information privacy professional (CIPP/US and CIPP/E) through the International Association of Privacy Professionals.
Immigration and Government Investigations
Montserrat provides strategic counseling to corporate clients and foreign nationals with regard to employment-based U.S. immigration law, including advice related to E-3, H-1B, L-1, and TN visas as well as labor certification applications under the PERM regulations.
Montserrat 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 advising clients on Form I-9 hiring practices and the E-Verify process, defending employers in civil and criminal government investigations, and conducting immigration-related internal investigations and Form I-9 audits. She serves as a member of the American Immigration Lawyers Association’s (AILA) Verification and Documentation Liaison Committee, this committee addresses worksite enforcement, Form I-9 and E-Verify matters.
Montserrat is a frequent invited speaker and writer on topics related to data privacy, employment background screening, and immigration issues. Prior to joining AGG, Montserrat was in private practice with Greenberg Traurig LLP. She worked in the U.S. Senate as Judiciary Committee Counsel to Senator Dianne Feinstein. Before working on Capitol Hill, Montserrat was at a boutique immigration law firm and began her legal career as a trial attorney for the U.S. Department of Justice, Immigration and Naturalization Service, entering service through the Immigration Attorney General’s Honors Program.