1701 Market St.\\Philadelphia, PA 19103-2921\\United States
Kristin M. Hadgis counsels and defends retail and other consumer-facing companies in matters relating to class actions, consumer protection laws, retail operations, loyalty and gift card programs, privacy and cybersecurity, compliance, and commercial disputes. Kristin also focuses her practice on privacy and data security matters, and regularly advises and represents clients in connection with these issues.
Kristin understands the unique issues and challenges facing retail, e-commerce and other consumer-facing companies, and routinely advises these clients on a variety of legal, regulatory, and operational matters. She works closely with clients on retail operations and compliance, including the launch of bricks and mortar stores across the United States and e-commerce platforms. She also counsels retail and consumer-facing clients on loyalty programs, gift cards, marketing and advertising, social media, price comparison, fraud prevention, online contracting and website terms, and privacy and data security compliance.
With respect to privacy and data security laws and related requirements, Kristin has represented companies faced with class actions and government investigations, and has advised hundreds of companies in connection with data breaches and privacy and cybersecurity compliance issues such as privacy policies, information security policies, incident response plans, and protocols for data collection, storage, and transfer. Her experience includes the General Data Protection Regulation (GDPR), state data security laws, the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACTA), US federal and state CAN-SPAM laws, the Telephone Consumer Protection Act (TCPA), Federal Trade Commission (FTC) rules, the Securities and Exchange Commission privacy regulations (Reg. S-P), the Children’s Online Privacy Protection Act (COPPA), and the Family Educational Rights and Privacy Act (FERPA).
She is a member of the firm’s retail and privacy and cybersecurity practices as well as its class action working group. Kristin routinely writes articles on developments in the law on consumer and data privacy matters
In her pro bono practice, Kristin represents children in dependency proceedings through the Support Center for Child Advocates.
Prior to joining Morgan Lewis, Kristin clerked for Judge Timothy R. Rice of the US District Court for the Eastern District of Pennsylvania. While attending law school, she was a legal extern for Judge Juan R. Sanchez in the same court.
Retail and E-Commerce
Defending national retailers in price comparison class actions.
Representing national retailer in data incident class actions filed across the country.
Successfully obtaining dismissal of claims brought against retailers under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.
Advised retailers through all phases of launching e-commerce platforms and bricks and mortar stores.
Counseled national retailers on buying club compliance for new online programs.
Advised dozens of retailers on loyalty programs.
Won motion to dismiss lawsuit under the Fair and Accurate Credit Transactions Act (FACTA) for information printed on credit card receipts provided by retail companies at the point of sale.
Privacy and Cybersecurity
Drafted website privacy policies for over fifty companies.
Assisted over two-dozen companies with advice, planning, and applications in connection with the Privacy Shield for data transfers from the EU to the United States and new EU General Data Protection Regulation. The work included a review of clients’ privacy programs, privacy policies, security policy, and contracts.
Defending consumer-facing companies in Telephone Consumer Protection Act litigation, including successfully obtaining favorable settlements.
Successfully managed over fifty data breach incidents, including determining and executing notification requirements, assisting clients with investigative and remedial actions, and pursuing cost recoveries against insurers or responsible parties.
Advised businesses and nonprofits on data sharing and data privacy compliance, including under Gramm-Leach Bliley Act and Regulation S-P.
Advised federal agency on identity theft protection and credit monitoring services.
Awards and Affiliations
Named 2014 Pennsylvania Product Liability Department Of The Year by The Legal Intelligencer
Member, Order of the Coif
Managing Editor, Villanova Law Review
Member, American Bar Association
Member, Philadelphia Bar Association
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US District Court for the Eastern District of Pennsylvania
US District Court for the District of New Jersey
Clerkship to Judge Timothy Rice of the US District Court for the Eastern District of Pennsylvania (September 2008 - April 2009)
Villanova University School of Law, 2008, J.D., Magna Cum Laude