Overview
Michael Vatis is the chair of Steptoe's Privacy & Cybersecurity practice and a senior member of the appellate litigation group. Michael advises clients on compliance with US and international privacy and data security laws and regulations, data breach prevention and response, and compliance with government demands for information. He has been repeatedly cited by Chambers and Legal500 as a leading practitioner in the field, and has been praised by clients as "a deep thinker [who] thoroughly analyzes issues, identifies solutions and is able to apply his analysis to business reality," and as “a great counselor” who “is realistic in his advice, takes into account business demands and has a deep knowledge of privacy regulations and enforcement.”
Michael also represents clients in appeals and in dispositive trial court motions, including in constitutional challenges to government actions, commercial disputes, and insurance coverage litigation.
Before Steptoe, Michael served eight years in the government with leading operational and policy roles in the areas of cybercrime, cybersecurity, counterterrorism, counterintelligence, and critical infrastructure protection. He was the founding head of the FBI's computer crime and infrastructure protection program; Associate Deputy Attorney General for national security matters in the Department of Justice; and Special Counsel in the Office of General Counsel at the Department of Defense, where he received the Secretary of Defense Award for Excellence.
Michael also served as the first Director of the Institute for Security Technology Studies at Dartmouth; the founding Chairman of the Institute for Information Infrastructure Protection (I3P); and Executive Director of the Markle Task Force on National Security in the Information Age.
While at Steptoe, Michael has also been involved in numerous cybersecurity and national security advisory groups. He has been a Senior Fellow at New York University Law School's Center on Law and Security; a member of the National Academy of Science/National Research Council Committee on the Policy Consequences and Legal/Ethical Implications of Offensive Information Warfare; and a member of the Commission on Cybersecurity for the 44th Presidency.
- New York
- District of Columbia
- Supreme Court of the United States
- US Court of Appeals, District of Columbia
- US Court of Appeals, First Circuit
- US Court of Appeals, Second Circuit
- US Court of Appeals, Fourth Circuit
- US Court of Appeals, Fifth Circuit
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Seventh Circuit
- US Court of Appeals, Ninth Circuit
- US Court of Appeals, Tenth Circuit
- US District Court, District of Columbia
- US District Court, Southern District of New York
- Hon. Justice Thurgood Marshall, Supreme Court of the United States
- Hon. Ruth Bader Ginsburg, US Court of Appeals, District of Columbia
- J.D., Harvard Law School, magna cum laude; Sears Prize Winner
- A.B., Princeton University, magna cum laude; Phi Beta Kappa
Areas of Work
Representative Matters
- Regularly advise companies and non-profit organizations on privacy and cybersecurity issues, including response to data breaches and ransomware attacks and compliance with US and international laws and regulations.
- Represented producer of children’s electronic learning products in class action lawsuits and FTC enforcement action arising out of data breach. Won dismissal of class action complaints and obtained favorable settlement of FTC action, and helped law enforcement apprehend hacker behind breach and secured copies of breached data. S. v. VTech Electronics Limited and In Re VTech Data Breach Litigation.
- Represent insurer in suit over damage arising from NotPetya virus, which US and other governments have attributed to Russian military intelligence. Merck & Co., Inc., et al. v. ACE Am. Ins. Co.
- Successfully represented child of African-American man who died after being tasered multiple times by white police officer in rural Louisiana despite not posing any safety or flight risk. Persuaded US Supreme Court to vacate and remand Fifth Circuit decision granting officer qualified immunity from suit. Thomas v. Nugent.
- Successfully represented City of Durham, North Carolina in suits raising multiple constitutional and tort claims against city and its police officers arising from investigation of Duke lacrosse players for alleged rape and assault of exotic dancer. Obtained dismissal of nearly all claims in federal district court and Fourth Circuit. Evans v. Chalmers.
- Won unanimous decision by US Supreme Court reversing decision of Federal Circuit and holding that contracts with French companies for enriched uranium constituted the sale of goods, not of services, and were therefore covered by U.S. anti-dumping laws. This was the Supreme Court’s first anti-dumping case. S. v. Eurodif S.A.
- Represent health care facilities, LGBTQ-services organizations, national associations of health professionals, and individual health professionals in constitutional and administrative law challenge to federal regulations repealing or limiting protections against discrimination on the basis of gender identity or sex stereotyping. Whitman-Walker Clinic, Inc. v. U.S. Dep’t of Health and Human Servs.
- Obtained asylum for young immigrant from Democratic Republic of Congo who was the victim of severe abuse and persecution in DRC as a result of her family’s political activities.
- Persuaded Sixth Circuit to interpret insurance policy as excluding all damage and loss resulting from flood in high hazard zone, unanimously reversing district court. Federal-Mogul LLC v. Insurance Co. of Pennsylvania.
- Wrote influential amicus briefs in Southern District of New York, Second Circuit, and Supreme Court concerning government’s ability to use search warrant to obtain communications content stored abroad. S. v. Microsoft Corp.
- Represent Kohl’s, Inc. in appeal to Second Circuit concerning whether the Americans with Disabilities Act requires retailers to issue Braille gift cards for visually impaired customers. Calcano v. Swarovski N. Am. Ltd.
- Represent United Mine Workers of America pension and benefit plans in appeals arising from bankruptcy of one of nation’s largest coal mining operations. In Re: Murray Metallurgical Coal Holdings, LLC and In Re: Murray Energy Holdings Co.
Speaking Engagements
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"Retail Data Privacy: Emerging Issues for a Shifting Marketplace," NRF Retail Law Summit, July 14, 2021
- "Right-to-Know in the Digital Age," Retail Industry Leaders Association Retail Law Conference, October 22, 2020
News & Publications
Press Releases
Steptoe Receives 27 Practice Rankings, 31 Individual Awards in Legal 500 US 2021
September 13, 2021
Client Alerts
To Understand the CFAA, It Depends on What the Meaning of the Word ‘So’ Is
June 7, 2021
By: Michael Vatis
Press Releases
Steptoe Receives 24 Practice, 71 Individual Mentions in Chambers USA 2021
May 20, 2021
Client Alerts
May 14, 2021
Press Releases
Steptoe Receives 15 Practice, 29 Individual Mentions in Chambers Global 2021
February 18, 2021
Resources
Client Alerts
The New Chinese Encryption Regime: Towards a Sustainable Approach
January 2, 2020
By: Michael Vatis, Stewart A. Baker, Edward Lin (Legal Consultant)
Events
Webinars
CCPA Enforcement Is About to Begin: Are You Ready?
June 11, 2020
Speakers: Stephanie A. Sheridan, Michael Vatis, Daniel W. Podair
Noteworthy
- Legal 500 US, Leading Lawyer, Media, Technology & Telecoms: Cyber Law, Including Data Protection and Privacy (2018-2021)
- Legal 500 US, Media, Technology & Telecoms: Cyber Law, Including Data Protection and Privacy (2017, 2019-2020)
- Legal 500 US, Telecoms & Broadcast: Regulatory; and Telecoms & Broadcast: Transactional (2017)
- Cybersecurity Docket, Named to "Incident Response 30" (2016)
- National Law Journal, "Trailblazers in Cybersecurity" (2015)
- Chambers Global, Privacy & Data Security, US (2010-2014, 2019-2021)
- Chambers USA, Privacy & Data Security, Nationwide (2008-2013, 2018-2021)
Previous Employment
- Executive Director, Markle Task Force on National Security in the Information Age (2003-2004)
- Founding Chairman, Institute for Information Infrastructure Protection (I3P) (2001-2003)
- Director, Institute for Security Technology Studies, Dartmouth University (2001-2003)
- Founding Director, National Infrastructure Protection Center, FBI (1998-2001)
- Associate Deputy Attorney General and Deputy Director, Executive Office for National Security, US Department of Justice (1994-1998)
- Special Counsel, US Department of Defense (1993-1994)
Professional Affiliations
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Member, American Law Institute