- Counsel to numerous companies, in a variety of industries, in Federal Trade Commission, New York Department of Financial Services, and state attorneys general investigations, and/or enforcement actions arising out of data security and consumer protection issues.
- Representing a national medical group in multidistrict litigation arising from an alleged patient information breach.
- Representing numerous publicly traded companies in class action litigation regarding the companies’ collection and use of customer data.
- Counsel to companies in the consumer products, hospitality, and health care industries defending against putative nationwide class action lawsuits following data breaches.
- Obtained dismissal of a putative nationwide class action against a hotel chain arising out of a data breach, which was affirmed by the Ninth Circuit.
- Obtained dismissal of a putative nationwide TCPA class action, which was affirmed by the Seventh Circuit.
Senior Associate,
- Phone: +1 404 881 7831
- Email: ashley.miller@alston.com
Ashley’s experience in the federal and state court systems, at both the trial and appellate levels, gives her insight into the particular difficulties clients face in litigation. She uses this experience, as well as her expertise in cybersecurity-related issues, to guide clients through complex engagements with civil litigants and state and federal regulatory bodies.
Ashley Miller focuses her practice on class action defense and government/regulatory investigations, with an emphasis on data security and privacy matters. Ashley represents clients across a variety of industries, including health care, hospitality, technology, insurance, and consumer products. She has extensive experience in all phases of litigation, including developing and executing defense strategies for fact discovery, expert discovery, mediation, and dispositive motion practice. In addition, Ashley has significant experience partnering with clients to respond to and defend regulatory inquiries and investigations following cyber events. Ashley uses this expertise to advise companies on strategies and best practices for regulatory interactions related to cybersecurity.
The Best Lawyers in America® recognized Ashley as “One to Watch” in Commercial Litigation for 2023–2025. Before joining Alston & Bird, Ashley served as a law clerk to the Hon. Judge Eleanor L. Ross in the Northern District of Georgia and the Hon. Judge J. Randal Hall in the Southern District of Georgia.
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Advisories October 24, 2024Privacy, Cyber & Data Strategy Advisory: NYDFS Issues Guidance on Artificial-Intelligence-Related Cybersecurity Risks
Our Privacy, Cyber & Data Strategy Team explores new guidance from the New York Department of Financial Services for covered entities to combat what it considers the most pressing cybersecurity risks of artificial intelligence (AI).
Advisories October 24, 2024Privacy, Cyber & Data Strategy Advisory: NYDFS Issues Guidance on Artificial-Intelligence-Related Cybersecurity RisksOur Privacy, Cyber & Data Strategy Team explores new guidance from the New York Department of Financial Services for covered entities to combat what it considers the most pressing cybersecurity risks of artificial intelligence (AI).
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General Publications November 11, 2023“NYDFS Cybersecurity Regulation – Second Amendment,” NYU Law’s Compliance & Enforcement Blog, November 11, 2023.This piece analyzes NYDFS’s finalized Second Amendment to its Cybersecurity Regulation, including the details, timeline, and impacts of the change.General Publications November 11, 2023“NYDFS Cybersecurity Regulation – Second Amendment,” NYU Law’s Compliance & Enforcement Blog, November 11, 2023.This piece analyzes NYDFS’s finalized Second Amendment to its Cybersecurity Regulation, including the details, timeline, and impacts of the change.
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Advisories November 9, 2023Privacy, Cyber & Data Strategy / Privacy & Cybersecurity Litigation Advisory: NYDFS Finalizes Second Amendment to Its Cybersecurity RegulationOur Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation.Advisories November 9, 2023Privacy, Cyber & Data Strategy / Privacy & Cybersecurity Litigation Advisory: NYDFS Finalizes Second Amendment to Its Cybersecurity RegulationOur Privacy, Cyber & Data Strategy and Privacy & Cybersecurity Litigation teams examine the New York Department of Financial Services’ finalized Second Amendment to its Cybersecurity Regulation.
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General Publications February-March 2023“Federal Trade Commission Settles with Drizly for Alleged Security Failures,” Pratt’s Privacy & Cybersecurity Law Report, LexisNexis, Vol. 9, No. 2, February-March 2023.This article explores the implications of a groundbreaking Federal Trade Commission consent order penalizing a company and its chief executive officer for a data breach that allegedly led to the theft of information about millions of consumers.General Publications February-March 2023“Federal Trade Commission Settles with Drizly for Alleged Security Failures,” Pratt’s Privacy & Cybersecurity Law Report, LexisNexis, Vol. 9, No. 2, February-March 2023.This article explores the implications of a groundbreaking Federal Trade Commission consent order penalizing a company and its chief executive officer for a data breach that allegedly led to the theft of information about millions of consumers.
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Advisories October 27, 2022Consumer Protection/FTC Advisory: FTC Settles with Drizly for Alleged Security FailuresOur Consumer Protection/FTC Team explores the implications of a groundbreaking new consent order penalizing a company and its CEO for a data breach.Advisories October 27, 2022Consumer Protection/FTC Advisory: FTC Settles with Drizly for Alleged Security FailuresOur Consumer Protection/FTC Team explores the implications of a groundbreaking new consent order penalizing a company and its CEO for a data breach.
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General Publications January 11, 2021“Protecting Data Breach Investigations from Disclosure,” Bloomberg Law, January 11, 2021.Attorneys for companies involved in data breach litigation or investigations often use forensic investigators to uncover information about the breach. This article explains how some courts have found this work discoverable, depending on the facts surrounding the investigation, and offers ways for companies to protect it from disclosure under the attorney-client privilege; the work product doctrine; the protection from disclosure of opinions of non-testifying experts; or a combination of the three.General Publications January 11, 2021“Protecting Data Breach Investigations from Disclosure,” Bloomberg Law, January 11, 2021.Attorneys for companies involved in data breach litigation or investigations often use forensic investigators to uncover information about the breach. This article explains how some courts have found this work discoverable, depending on the facts surrounding the investigation, and offers ways for companies to protect it from disclosure under the attorney-client privilege; the work product doctrine; the protection from disclosure of opinions of non-testifying experts; or a combination of the three.
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General Publications May 10, 2018“Banks Suing After Payment Card Breach Face Difficulty,” Law360, May 10, 2018.The explosion of data breaches across all mediums and industries — and payment card breaches in particular — is well known. High-profile payment card breaches have dominated recent headlines, with criminal attacks on Chipotle, Sonic and Under Armour, just to name a few. By the numbers, breach incidents quadrupled in 2017. And not only is the frequency increasing, the cost is as well.General Publications May 10, 2018“Banks Suing After Payment Card Breach Face Difficulty,” Law360, May 10, 2018.The explosion of data breaches across all mediums and industries — and payment card breaches in particular — is well known. High-profile payment card breaches have dominated recent headlines, with criminal attacks on Chipotle, Sonic and Under Armour, just to name a few. By the numbers, breach incidents quadrupled in 2017. And not only is the frequency increasing, the cost is as well.
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Blog Posts April 24, 2018Seventh Circuit Affirms Dismissal of Schnuck Markets Data Breach Lawsuit
The United States Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a putative class action brought by financial institutions against Schnuck Markets, Inc., following a data breach impacting Schnuck beginning late 2012. The plaintiffs attempted to assert claims of negligence, negligence per se, various contract claims, and violation of Illinois consumer protection laws, alleging damages in the form of employee time to investigate and resolve fraud claims, payments to indemnify customers for fraudulent charges, and lost interest and transaction fees based on changes in [...] Read more
The post Seventh Circuit Affirms Dismissal of Schnuck Markets Data Breach Lawsuit appeared first on Alston & Bird Privacy Blog.
Blog Posts April 24, 2018Seventh Circuit Affirms Dismissal of Schnuck Markets Data Breach LawsuitThe United States Court of Appeals for the Seventh Circuit recently affirmed the dismissal of a putative class action brought by financial institutions against Schnuck Markets, Inc., following a data breach impacting Schnuck beginning late 2012. The plaintiffs attempted to assert claims of negligence, negligence per se, various contract claims, and violation of Illinois consumer protection laws, alleging damages in the form of employee time to investigate and resolve fraud claims, payments to indemnify customers for fraudulent charges, and lost interest and transaction fees based on changes in [...] Read more
The post Seventh Circuit Affirms Dismissal of Schnuck Markets Data Breach Lawsuit appeared first on Alston & Bird Privacy Blog.
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Class Action MDL Roundup Winter 2018Class Action Roundup: Winter 2018Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017.Class Action MDL Roundup Winter 2018Class Action Roundup: Winter 2018Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017.
Bar Admissions
- Georgia
Education
- Georgia State University (J.D., 2014)
- University of Georgia (B.A.J., 2011)
Memberships
- International Association of Privacy Professionals
- Certified Information Privacy Professional (CIPP/US)