- Email: Lindsay.Nickle@lewisbrisbois.com
- Phone: 214.722.7141
- Fax: 214.722.7111
Lindsay Nickle is a partner in the Dallas office of Lewis Brisbois and a vice chair of the Data Privacy & Cybersecurity Practice. She helps clients by overseeing the process of investigating data security events and interpreting the myriad state and federal laws governing data breach response. Lindsay also guides clients through regulatory investigations arising from data security incidents. In her role as a breach coach, Lindsay assists her clients with navigating the complex process of responding to the loss, theft or compromise of protected information. Past clients include educational institutions, insurance companies, health care providers, accountants, retail merchants, hotels, restaurants, utilities, and governmental entities. Lindsay has acquired focused, specific, and relevant experience with the standards and issues unique to the payment card industry and routinely provides guidance and advice regarding regulatory compliance within the financial industry.
In addition, Lindsay assists clients with developing and implementing risk management processes and data security measures related to the receipt and use of confidential, private, and highly sensitive data. She helps clients develop data security programs and draft or refine incident response plans and information governance policies and procedures. She also assists clients by facilitating data security training and tabletop exercises.
Lindsay is an experienced civil litigator with a background in general civil litigation and creditors’ rights. In her years of representing financial institutions, Lindsay has handled litigation and arbitrations involving fraud and identity theft issues related to financial accounts. She is familiar with the laws under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA) and the Truth-in-Lending Act (TILA), as well as the Texas state corollaries, and has handled matters involving the Consumer Financial Protection Bureau (CFPB). Lindsay has extensive courtroom experience, including successfully handling more than 100 bench and jury trials.
Along with her litigation and trial experience, Lindsay has handled more than 20 successful appeals. Renewing her focus on education and mentoring, Lindsay served as an Adjunct Professor of Trial Advocacy at Texas Tech School of Law for the spring semester in 2013.
Business & Financial Transactions
In 2008, Lindsay solidified her credentials in the credit card collection industry in Texas when she handled the case of Dulong v. Citibank (South Dakota), N.A. before the Court of Appeals in Dallas. The case involved a traditional summary judgment in a credit card collection matter appealed on the ground that there was insufficient evidence to support the judgment awarded. The Court of Appeals upheld the judgment and Dulong has become one of the most-often cited cases in Texas collection matters.
Data Privacy & Cybersecurity
Lindsay keeps abreast of cybersecurity issues, mindful that the explosive growth of ecommerce and companies’ increased dependence on digitized data have catapulted data privacy and security to the forefront of business plans, legislative acts, and federal and state regulations. Lindsay’s experience as a service provider to financial institutions gave her the opportunity to gain valuable exposure to data security and privacy concerns. Her background includes hands-on experience drafting and implementing privacy and data security policies and procedures, as well as risk management and compliance. Her capabilities include training, development, management, and oversight of internal auditing, external audit preparation, and audit response.
Lindsay frequently defends financial institutions and collection agencies in adversarial litigation related to default and recovery operations and credit reporting issues, and she provides legal counsel and consulting regarding regulatory compliance and internal risk management. She also has first-hand experience dealing with regulatory and compliance audits.
Complex Tort & General Casualty
Lindsay provides clients with high-quality representation in a vast array of liability matters, assisting them in preventing, mitigating, and managing exposure through risk, crises, and claims and litigation management. Lindsay’s experience includes broad-based experience in the litigation and trial of personal injury and property damage claims, and she strives to find innovative and beneficial strategies to protect the interests of her clients and deliver the necessary results. She draws on the firm’s integrated teams to give her clients access to their collective experience and centralized resources to realize desired legal outcomes. This type of collaboration frequently spawns innovative and cost-effective solutions to clients’ most complex legal issues.
- U.S. Certified Information Privacy Professional (CIPP/US)
Quoted source, “Law Firms’ Reported Cyberattacks Are 'Tip Of The Iceberg,'” Law360, 11.04.20
- Panelist, "HOT TOPIC: The Rise in Ransomware," 2020 PLUS Conference, 11.9.20 - 11.11.20
- Panelist, "Risk Management for Ransomware," AGC webinar, 10.28.20
- Co-presenter, "Ethics of Ransomware / Cultural Considerations," Advisen Cyber Risk Insights Conference, New York, 10.22.20
- Presenter, "Cyber Threats: Extortion, Social Engineering & Malicious Intent," LBBS Webinar, 11.21.19
- Panelist, "Cyber Claims & Trends," AmWINS PLUS Conference, Washington DC, 11.12.19
- Speaker, "Rise of the Mega-Fines: Accounting for Regulatory Action in Cyber Insurance," Advisen Cyber Risk Insights Conference, New York City, 10.24.19
- Speaker, "Cybersecurity: An Evolving Threat Landscape," DRI 2019 Annual Meeting, New Orleans Marriot Hotel, 10.17.19
- Presenter, "Computer Forensics: The Impact of Digital Investigation on Litigation," 2019 Spring Conference for the Texas Center for the Judiciary, Horseshoe Bay, TX, 05.20.19
- Presenter, "Cyber Risk: What's Next?" PICG Conference, London, UK, 05.09.19
- Presenter, "Computer Forensics: The Impact of Digital Investigation on Litigation," 2019 Spring Conference for the Texas Center for the Judiciary, Horseshoe Bay, TX 4.29.19
- Presenter, Incident Response Forum, Washington, D.C., 4.10.19
- Panelist, "Hackers Want to Get Physical,” Advisen’s 2019 Cyber Risk Insights Conference in London, England, 3.19.19
- Presenter, "My Data Has Been Breached, Who Can I Sue?" Tarrant County Trial Lawyers Association, Ft. Worth, TX, 02.27.19
- Panelist, “Cybersecurity and the Regulatory Environment,” Lab Compliance Forum, Washington D.C., 10.24.18
- Panelist, “How to Implement Best Practices Around Identifying, Protecting, Detecting, Responding and Recovering from a Cyber Incident,” Lockton Mountain West Cyber Day, Denver, Colorado, 10.04.18
State Bar Admissions
United States District Courts
- United States District Court for the Eastern District of Texas
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
U.S. District Court for the Eastern, Northern and Southern Districts of Texas
- Dallas Bar Association
Awards & Honors
- Advisen Cyber Commissioner
Baylor Law School
Juris Doctor, cum laude, 1998
- Baylor Law Review, managing editor
- National Institute for Trial Advocacy Mock Trial Team
- Board of Barristers
Bachelor of Arts, magna cum laude, 1995
- Phi Beta Kappa