Nicholas Merker

Nicholas R. Merker

Partner
Baker & McKenzie LLP

Biography

Nick Merker provides practical, actionable privacy compliance and cybersecurity incident response counseling from the lens of a practitioner with a ten-year, pre-law computer systems, network, and security engineering background. Nick is a computer scientist by trade and, prior to becoming an attorney, he led the information security team and program at a large .com. He leverages his deep understanding of Internet architecture, technology systems, and new media to help clients navigate the ever-changing privacy and cybersecurity legal landscape.

He is also a sought-after international speaker, teacher, writer and professor on data security and privacy-related legal issues. He has led training and/or presentations at major international conferences, including BlackHat, RSA, TwitchCon, the Global Privacy Summit, Privacy. Security. Risk., the ISSA International Conference, and others. He is also Faculty at the International Association of Privacy Professionals where he leads global privacy trainings to executives, engineers, lawyers and managers. Each Fall, Nick teaches Data Security/Privacy Skills at Indiana University Robert H. McKinney School of Law, a class focused on providing law school students the skills necessary to actually practice in this area.

Practice Focus

Nick has a love of technology and is a trained computer scientist. To that end, he focuses his practice on privacy and cybersecurity issues deeply rooted in new technologies, particularly to companies in the healthcare industry, technology service providers, adtech players, and others. His substantive technical experience and deep understanding of information security and privacy regulators' expectations allows Nick to efficiently guide clients on compliance with emerging laws, regulatory oversight and obligations created through contract. He also has a deep working knowledge of cyber risk insurance and helps client understand coverage and procure policies rightsized to their risk profile.

Additionally, over the last five years, Nick has acted as a data breach coach in more than 275 security incidents. Through these events, Nick has established a strong working relationship with insurance carriers, computer forensics service providers, ransomware negotiation teams, cryptocurrency payment providers, public relations firms, and others in the industry. When a cybersecurity event hits a client, Nick is equipped to help bring together the right team as soon as reasonably practical to start responding.

Professional Honors

  • Illinois Super Lawyer, Rising Star, Intellectual Property, 2018-2019

Professional Associations and Memberships

  • Certified Information Systems Security Professional (CISSP)
  • Certified Information Privacy Technologist (CIPT)
  • IAPP Privacy Section Advisory Board, Member
  • U.S. Secret Service Chicago Electronic Crimes Task Force
  • Indiana University Cybersecurity Advisory Council
  • International Association of Privacy Professionals, Faculty
  • IAPP KnowledgeNet Chair, Indianapolis
  • (ISC)²
  • Video Game Bar Association

Admissions

  • Illinois~United States
  • Indiana~United States

Education

  • Chicago-Kent College of Law (IIT) (2010)
  • University of Illinois at Urbana-Champaign (Bachelor of Science in Computer Science) (2005)

Languages

  • English
  • Co-author, "Debtors Should Seek Privacy Oversight Before Data Sales," Law360, May 2020
  • Co-author, "Does Your Cyber Policy Cover Funds 'Stolen' During Email Spoofing?" Inside Indiana Business, November 2019
  • Author, "Are Children Using Your Website or Online Service?" Inside Indiana Business, May 2019
  • Co-author, "Should My Family Office Be Concerned About Cybersecurity?" Inside Indiana Business, April 2019
  • Author, "Canada's New Data Breach Disclosure Rules," National Society of Compliance Professionals Current, March 2019
  • Co-author, "Trouble Comes in Threes: Long-term Impacts of the Facebook/CambridgeAnalytica Controversy," Inside Indiana Business, July 2018