
Michelle Merola
Practices & Industries
Admissions
- New York
- District of Columbia
- U.S. Court of Appeals, District of Columbia
- U.S. District Court, District of Columbia
- U.S. District Court, Northern District of New York
- U.S. District Court, Western District of New York
Clerkships
- Judge Truman Morrison III, Superior Court of the District of Columbia, 1997-1998
Education
Pennsylvania State University, B.A.
American University, Washington College of Law, J.D., magna cum laude
Michelle relies on her litigation experience to counsel clients on regulatory and compliance matters, including the development and implementation of compliance programs, the oversight of internal investigations and audits, and the analysis and preparation of self-disclosures to a variety of state and federal agencies.
She has extensive experience litigating civil and criminal matters in a variety of federal jurisdictions as well as New York State. A significant portion of her practice is dedicated to defending corporations and individuals in government investigations, audits, and administrative proceedings related to tax, environmental, fraud, and health care matters. Michelle also regularly challenges agency determinations in New York State courts through Article 78 proceedings.
In recent years, her practice has also included cybersecurity and data privacy counseling under an array of international, federal, and state laws, including HIPAA, the New York State Department of Financial Services' Cybersecurity Regulation, the New York Shield Act, the California Consumer Privacy Act, and the EU's General Data Protection Regulation. Michelle regularly collaborates with management teams, IT staff, and forensic experts to analyze the scope of a data breach and provide notification to affected individuals and required government agencies. She also works with clients and consultants to develop robust data security programs, policies, and compliance practices.
Michelle serves as one of the firm’s assistant general counsel/loss prevention partners. She also chairs the Firm's Technology Strategy Committee and sits on the Security Committee.
Prior to joining the firm, Michelle served as an Assistant United States Attorney for the District of Columbia, where she oversaw and directed fraud investigations involving a variety of government agencies, including the Federal Bureau of Investigation, the Department of Treasury, the Secret Service, the Department of Transportation, and the District of Columbia Tax and Revenue Office. She also successfully litigated numerous criminal jury trials in the local courts. Prior to that, Michelle was an associate at a D.C. law firm, where she gained experience in complex commercial and technology disputes.
Honors
- Listed, Best Lawyers in America (Litigation and Controversy - Tax) 2023 - 2024
- Mussey Prize for student with highest scholastic average in final year of law school
- Department of Justice Special Achievement Award
Experience
- Article 78 Proceeding Ensures Client's Enrollment as a Medicaid Provider
- Client Facing Federal Charges of Conspiring to Employ Illegal Aliens Avoids Lengthy Trial, Jail Time & Probation
- Court Confirms Award of NYS DMV Contract to Hodgson Russ Client CBN Secure Technologies, Inc.
- Court of Appeals Rules in Favor of Empire Zone Business
- Customized Financial Institution Compliance Program
- Department of Justice Mandated Self-Audits Resolved Favorably
- Financial Institution Data Breach Analysis and Breach Notification
- Hodgson Russ Wins CON Approval for Major Health Care System
- Judge Grants Motion for Acquittal for Construction Client Accused of Defrauding New York State
- Representation of Financial Institution in Subpoena Compliance
- Southern District of New York Dismisses Indictment Against Hodgson Russ Client
- Tax Assessment Defeated, Client Obtains Attorneys’ Fees from State
In the News
- The Saratogian, October 13, 2020
- Times-Union, October 9, 2020
- The End of the Internal Investigation and the Risk of the Internal Whistleblower: Self-Disclosure in the FCPA ContextThe New York Law Journal, March 30, 2018
- May 16, 2013
- April 7, 2010
Press Releases
- August 17, 2023
- Hodgson Russ Press Release, August 19, 2022
Publications
- Hodgson Russ Healthcare Alert , September 7, 2023
- Hodgson Russ Home Care and Healthcare Alert, May 16, 2023
- Hodgson Russ Food & Beverage Alert, May 3, 2023
- Hodgson Russ Food & Beverage Alert, March 20, 2023
- Hodgson Russ Food & Beverage Alert, January 4, 2023
- Hodgson Russ Home Care Alert, December 20, 2022
- Hodgson Russ Food and Beverage Alert, September 12, 2022
- Hodgson Russ Home Care Alert, August 19, 2022
- Hodgson Russ Canada-U.S. Cross-Border and Cybersecurity & Privacy Alert, July 7, 2022
- Hodgson Russ Home Care Alert, May 5, 2022
- Hodgson Russ OSHA and Healthcare Alert, March 28, 2022
- Hodgson Russ Healthcare Alert, January 6, 2022
- Hodgson Russ Healthcare and Labor & Employment Alert, November 5, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, November 2, 2021
- Hodgson Russ Healthcare and Labor & Employment Alert, October 13, 2021
- Coronavirus Guidance Update - Healthcare, August 27, 2021
- Hodgson Russ Healthcare Alert, August 25, 2021
- Hodgson Russ Cybersecurity and Privacy Alert, February 26, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Healthcare Alert, January 19, 2021
- Hodgson Russ Cybersecurity & Privacy Alert, December 2, 2020
- Hodgson Russ Cybersecurity & Privacy Alert , November 11, 2020
- Hodgson Russ Healthcare Alert, November 11, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, October 1, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, September 15, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 25, 2020
- Hodgson Russ Healthcare and Cybersecurity & Privacy Alert, August 14, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 11, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 7, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, August 5, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, July 31, 2020
- Hodgson Russ Healthcare Alert, June 25, 2020
- Hodgson Russ Business Litigation Alert, June 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Hodgson Russ Business Litigation Alert, May 22, 2020
- Hodgson Russ OSHA and Business Litigation Alert, May 13, 2020
- Hodgson Russ Healthcare Alert, May 11, 2020
- Hodgson Russ Healthcare Alert, May 6, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, April 28, 2020
- Hodgson Russ Healthcare Alert, April 24, 2020
- Hodgson Russ Business Litigation Alert, April 22, 2020
- Hodgson Russ Business Litigation and Securities Regulation & Corporate Compliance Alert, April 22, 2020
- Hodgson Russ Healthcare Alert, April 21, 2020
- Hodgson Russ Business Litigation Alert, April 15, 2020
- Hodgson Russ Healthcare Alert, April 10, 2020
- Hodgson Russ Home Care Alert, April 9, 2020
- Hodgson Russ Business Litigation Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 9, 2020
- Hodgson Russ Healthcare Alert, April 8, 2020
- Hodgson Russ Healthcare Alert, April 6, 2020
- Hodgson Russ Home Care Alert, April 4, 2020
- Hodgson Russ Healthcare & OSHA Alert, April 2, 2020
- Hodgson Russ Healthcare Alert, March 31, 2020
- Hodgson Russ Healthcare Alert, March 24, 2020
- Hodgson Russ Healthcare Alert, March 20, 2020
- Hodgson Russ Healthcare Alert, March 18, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, March 13, 2020
- Hodgson Russ Healthcare Alert, March 9, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, February 24, 2020
- Hodgson Russ Cybersecurity & Privacy Alert, February 19, 2020
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Healthcare Alert, November 6, 2019
- Hodgson Russ Antitrust, Trade Regulation & Anticorruption Alert, July 16, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Home Care Alert, May 7, 2019
- Hodgson Russ Cybersecurity & Privacy Alert, April 30, 2019
- Home Care Alert, April 1, 2019
- Hodgson Russ Home Care Alert, March 29, 2019
- Hodgson Russ Home Care Alert, March 26, 2019
- Hodgson Russ Cybersecurity & Privacy Alert, March 20, 2019
- Hodgson Russ Home Care Alert, March 12, 2019
- Hodgson Russ Home Care Alert, March 8, 2019
- Home Care Alert, February 28, 2019
- Home Care Alert, February 19, 2019
- Home Care Alert, January 29, 2019
- Health Law Alert, January 24, 2019
- Home Care Alert, January 23, 2019
- Home Care Alert, January 16, 2019
- Home Care Alert, January 9, 2019
- Home Care Alert, December 26, 2018
- Home Care Alert, December 18, 2018
- Home Care Alert, December 18, 2018
- Cybersecurity & Privacy Alert, December 17, 2018
- Home Care Alert, December 11, 2018
- Home Care Alert, October 25, 2018
- Home Care Alert, October 23, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, October 8, 2018
- Home Care Alert, September 27, 2018
- Home Care Alert, September 26, 2018
- Home Care Alert, September 21, 2018
- Home Care Alert, August 24, 2018
- Home Care Alert, August 8, 2018
- Home Care Alert, August 6, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 27, 2018
- Home Care Alert, July 19, 2018
- Home Care Alert, July 12, 2018
- Home Care Alert, June 29, 2018
- Home Care Alert, May 31, 2018
- Home Care Alert, May 29, 2018
- Home Care Alert, May 22, 2018
- Home Care Alert, May 14, 2018
- Home Care Alert, May 10, 2018
- Home Care Alert, April 2, 2018
- Home Care Alert, March 7, 2018
- Home Care Alert, January 23, 2018
- Home Care Alert, January 22, 2018
- Health Care Alert, December 20, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 19, 2017
- Home Care Alert, December 14, 2017
- Home Care Alert, December 13, 2017
- Home Care Alert, November 3, 2017
- Government Knowledge Defense Against WhistleblowersToday's General Counsel, February 2013
- FCPA: Ethical Beacon or Anti-Competitive Burden?Law360, February 1, 2012
- The Dilemma of the Hamstrung DefendantNew York Law Journal, October 11, 2011
- Health Alert, March 27, 2009
- Life Sciences Alert, January 29, 2009
- Health Alert, May 21, 2008
- April 2008
- State Tax Notes, March 31, 2008
- Foreign Corrupt Practices Act: High Risks for the Medical Device IndustryMedical Device & Diagnostic Industry, March 2008
- Disclosure Protocols and Audit Preparation for White Collar ClientsInside the Minds: Managing White Collar Legal Issues, Thomson Reuters/Aspatore, 2008
Blog Posts
- Medicaid Fraud Control Unit and Other Prosecutors Hard At Work Replenishing State Coffers Depleted By State’s COVID Response The Whistleblower Blog, November 17, 2020
- Florida Nursing Facility Pays $17 Million False Claims The Whistleblower Blog, June 23, 2015
- Whistleblowers Recover $2 Million in Worthless Services Case The Whistleblower Blog, December 1, 2014
- The New York State False Claims Act Reaches Tax Violations Prior to 2010 The Whistleblower Blog, October 24, 2013
- Whistleblower Teams Up With the State of New York in Groundbreaking Suit Against Sprint-Nextel Corporation The Whistleblower Blog, May 14, 2012
- Shareholder Derivative Suits Premised on False Claims Act Violations The Whistleblower Blog, December 19, 2011
- SEC Rules Implement Dodd-Frank Whistleblower Program The Whistleblower Blog, June 23, 2011
- Proposed Expansion of the IRS Whistleblower Program The Whistleblower Blog, March 11, 2011
- Dodd-Frank Act Impacts Whistleblowers | Hodgson Russ The Whistleblower Blog, January 24, 2011
- Major Changes to New York State False Claims Act The Whistleblower Blog, August 23, 2010
- Whistleblower Suit Against DHL Continues: False Claims Act The Whistleblower Blog, May 26, 2010
- Under Park Doctrine, FDA Can Prosecute Individuals for Company Violations of FDCA
GatewayFDA, March 18, 2011
Presentations & Events
- September 2023
- Hodgson Russ LLP, The Guaranty Building, 140 Pearl Street, Buffalo NY 14202, June 6, 2023
- February 8, 2023
- Buffalo Niagara Marriott, 1340 Millersport Hwy, Amherst, NY 14221, May 6, 2022
- September 30, 2021
- December 8, 2020
- The Harvard Club NYC 35 W. 44th Street, New York, NY, October 30, 2019
- October 16, 2019
- Albany, New York, November 19, 2018
- Buffalo Niagara Marriott, Amherst, NY, November 15, 2018
- October 18, 2018
- The Westin Fort Lauderdale, 400 Corporate Drive, Ft. Lauderdale, FL 33334, May 17, 2018
- The Harvard Club of New York, New York, NY, November 9, 2017
- Desmond Hotel and Conference Center, Albany, NY, October 25, 2017
- The Harvard Club, 35 West 44th Street, New York, NY 10036, November 2, 2016
- Hilton Garden Inn, 30 Clifton Country Road, Clifton Park, NY, September 27, 2016
- Harvard Club, 35 W. 44th Street, New York, NY, June 29, 2016
- Desmond Hotel & Conference Center, 660 Albany Shaker Road, Albany, NY, May 11, 2016
- The Century House, 997 New Loudon Road, Latham, NY 12110, May 5, 2015
- Updates on the False Claims Act and Other Bases for Liability for Financial InstitutionsMarch 5, 2014
- June & July 2011
- Buffalo, NY, August 11, 2010
- June & July 2010
- New Jersey Hospital Association Seminar: New Jersey Office of Medicaid Inspector General (OMIG) - Lessons from Other JurisdictionsApril 9, 2010
- Healthcare Financial Management Association, Western New York Chapter's Fourth Annual Spring Institute: A Focus on ComplianceBuffalo, NY, March 1, 2010
- Uniondale, NY, January 27, 2010
- Webinar: New Jersey Office of Medicaid Inspector General (OMIG) - Lessons from Other JurisdictionsJanuary 26, 2010
- Buffalo, NY, July 29, 2009
- June & July 2009
- April 1, 2009
- New York, NY, March 5, 2009
- New York, NY, January 28, 2008
Professional Associations
- District of Columbia Bar Association
- New York State Bar Association
- Bar Association of Erie County
Community & Pro Bono
- Secretary, Board of Directors: The Melanie Foundation
- Secretary, Board of Directors: The Saratoga Lake Association
- Commissioner: The Saratoga Recreation Commission