McCormick & O'Brien, LLP
Solutions to Problems

Nicole Joy Elmgart

Professionals

artner CIPP/US

Nicole Joy Elmgart (Leibman) focuses her practice on counseling clients on cyber-related issues.  She advises on a wide range of such of matters, including cybersecurity program development, company data security policies, cybersecurity preparedness, incident response plans, data breach coaching and response, and international privacy matters.   She generally counsels major national and international clients on a variety of legal issues ranging from litigation strategy to corporate formation to intellectual property rights.   Mrs. Elmgart has represented companies ranging from Fortune 500 to early growth, has served as outside general counsel to various middle-market companies and has provided individual counsel to company CEOs and founders.            

In addition, Mrs. Elmgart has developed extensive experience in the ever-growing electronic payment space, advising clients at the merchant, ISO, processor and sponsor bank levels on new developments in the law. Her work has included drafting and negotiating ISO Agreements, BIN Agreements and Merchant Agreements, as well as resolving disputes with the card networks, such as VISA.

Mrs. Elmgart began her career with Nixon Peabody, LLP as an associate in the firm's Business Litigation and Arbitration Group.

With an impressive courtroom presence early in her career, Mrs. Elmgart frequently argued appeals and motions before the Southern District of New York, New York First Department and New York Supreme Court. Most notably, while a junior associate at Nixon Peabody, she independently argued an Eighth Amendment pro bono appeal to the United States Second Circuit Court of Appeals before a three-judge panel, which then included current Supreme Court Justice Sonja Sotomayor.

 

Education

  • Seton Hall School of Law
    J.D. 2002
     
  • Rutgers College
    B.S. Marketing with honors

Affiliations

  • International Association of Privacy Professionals, Member
  • PLUS, Cybersecurity Group, Member

Admissions

  • New York and New Jersey State Courts
  • Federal Courts for the S.D.N.Y, E.D.N.Y. & D.NJ