The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Amisha R. Patel is a litigator in Orrick’s cyber, privacy and data innovation group based in Boston. With over a decade of experience, Amisha specializes in high-stakes cybersecurity and privacy litigation, data breach class actions, commercial disputes, and regulatory investigations. She is known for her strategic approach, calm leadership under pressure, and ability to manage complex multi-jurisdictional matters. Amisha has represented major technology, financial services, and life sciences clients and is trusted by them for her practical advice and decisive case management. She maintains an active pro bono practice focused on immigration and civil rights issues and is a leader in the South Asian Bar.
Describe your practice area and what it entails.
Privacy and data security law sits at the intersection of technology, consumer protection, and regulatory compliance. My practice focuses on defending companies in cybersecurity incidents, data breach class actions, privacy litigation, and regulatory investigations. This includes managing the immediate response to a breach, coordinating with internal and external stakeholders, and navigating the complex web of state, federal, and international privacy laws. We advise clients on risk mitigation, regulatory inquiries, and litigation strategy, often in matters attracting significant media and reputational scrutiny. Our work is both proactive—helping clients build resilient data practices—and reactive—guiding them through crisis management, litigation, and resolution.
What types of clients do you represent?
My clients span the technology, financial services, consumer products, and life sciences sectors. I have represented major technology companies, banks, and consumer brands. We also advise startups, energy companies, and global brands facing privacy and cybersecurity risks. Our clients rely on us for practical, business-oriented solutions in high-stakes disputes and regulatory matters. Many engagements begin with a crisis, such as a data breach or regulatory investigation, and evolve into long-term partnerships, with clients entrusting us to manage litigation risk, regulatory compliance, and incident response.
What types of cases/deals do you work on?
I work on a wide range of matters, including data breach class actions, consumer privacy litigation, commercial disputes involving technology and financial services, and regulatory investigations. Recent cases include consolidating and defending over 40 data breach class actions for Evolve Bank & Trust following a cybersecurity incident, managing multidistrict litigation (MDL) in federal court, and negotiating resolution of the MDL. Most recently, I argued a dispositive motion in a commercial dispute of $100 million. I also man-age smaller matters in state and federal court and arbitration, as well as advise clients on claims under the California Consumer Privacy Act and auto-renewal laws.
How did you choose this practice area?
My path to privacy and data security law was shaped by a passion for technology and complex litigation. Early in my career, I had the privilege of representing major technology clients in bet-the-company disputes. The dynamic nature of privacy and cybersecurity—where legal, technical, and reputational issues converge—drew me in. I was inspired by mentors who excelled in crisis management and strategic litigation, and I saw the opportunity to make a meaningful impact for clients navigating rapidly evolving risks. The collaborative, cross-disciplinary environment at Orrick coupled with the challenge of high-profile, press-sensitive matters made privacy and data security a natural fit.
What is a “typical” day like and/or what are some common tasks you perform?
A typical day may involve developing case strategy, coordinating with clients and colleagues, drafting and preparing for argument for all types of motions, managing discovery, and negotiating settlements. Crisis management—responding to incidents, triaging urgent issues, and communicating with stakeholders to manage regulatory and reputational risk—is a key part of the role. While doing this, I also look for opportunities to mentor junior lawyers and collaborate with colleagues across offices. No two days are alike in my practice. The pace is fast, and the stakes are high, requiring disciplined project management and clear communication.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
A strong foundational litigation practice is essential. Courses in civil procedure, evidence, and federal courts are invaluable, as are classes in privacy, cybersecurity, and information governance. Practical experience (i.e., clerkships, internships, or summer associate roles in litigation or regulatory groups) is also an invaluable asset; these experiences help build critical skills. Technical literacy is increasingly important: Understanding how data flows, how breaches occur, and how technology impacts legal risk sets practitioners apart. Skills in crisis management, negotiation, and client communication are vital. Seek mentors who excel in strategic thinking and cross-practice collaboration and pursue opportunities to work on press-sensitive, high-stakes matters.
What is the most challenging aspect of practicing in this area?
The most challenging aspect of privacy and data security practice is managing the fast-moving intersection of legal, technical, and reputational risk. Cybersecurity incidents and privacy litigation often unfold in real time, with incomplete information and intense external scrutiny from regulators, the media, and affected consumers. Clients expect decisive, practical guidance, even when the facts are evolving and the financial, regulatory, and reputational stakes are significant. Coordinating multi-jurisdictional litigation, keeping pace with rapidly changing laws, and balancing client interests with regulatory demands require strategic judgment, adaptability, and a calm approach under pressure.
What misconceptions exist about your practice area?
A common misconception is that privacy and cybersecurity law is purely technical or limited to regulatory advice. In reality, it is a high-stakes litigation practice that requires strategic thinking, crisis management, and cross-disciplinary collaboration. Another misconception is that privacy litigation is only about data breaches; in fact, it encompasses consumer protection, commercial disputes, regulatory investigations, and emerging issues such as AI, biometrics, and digital identity. The field is fast-paced and constantly evolving, with opportunities for creative advocacy and helping shape new law.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior lawyers in privacy and data security litigation gain hands-on experience with fact development, legal research, drafting pleadings and motions, managing discovery, and preparing for depositions. They may assist with crisis response, coordinate with clients and internal teams, and help develop litigation strategy. At Orrick, junior lawyers are encouraged to take ownership of tasks, participate in client communications, and contribute to building litigation playbooks. They also have opportunities to work on cross-practice matters and receive mentorship from senior attorneys.
Given how quickly technology is evolving, how do you stay ahead of the curve and prepare for issues that may arise?
Staying ahead in privacy and data security requires continuous learning and adaptability. I regularly monitor legal and technological developments, attend industry conferences, and participate in professional networks. Orrick’s collaborative environment fosters knowledge sharing across practice groups, and we leverage AI-enabled tools and analytics to streamline workflows and surface emerging risks. Building relationships with in-house counsel, regulators, and technology experts helps us anticipate issues and deliver practical, forward-thinking advice. We also invest in training and mentorship to ensure that our team is prepared for new challenges.