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Portrait of Micah J. Fincher

With more than a decade of experience as a business attorney –- from representing start-ups to publicly traded companies –– Micah develops comprehensive intellectual property strategies to protect clients’ innovation and brands. He offers IP counseling in all aspects of litigation, transactions, and compliance, ensuring IP owners maintain and enforce their rights. Banks, financial service providers, and other firms rely on him for privacy and data security compliance.

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Micah J. Fincher

Privacy, Security, and Data Governance

The rules governing customer privacy and breach notification requirements are constantly evolving. As a Certified Information Privacy Professional (CIPP/US), Micah helps clients comply with legal requirements and meet deadlines. He develops incident response plans, information security policies, privacy notices, data subject rights compliance programs, and other data governance documentation. He has led and supported clients through numerous data breach investigations, ransomware attacks, and other computer security and cyber incidents. Micah specializes in serving clients in highly regulated industries, such as financial institutions, law firms, and healthcare providers. For more information, see the experience tab, below. 

Financial Institutions and Service Providers

Micah advises banks, credit card companies, payroll processors, fintech firms, and other financial service providers. Sensitive to their unique regulatory position, he helps clients better identify, manage, and minimize risks from core vendors and other high risk third party service providers. With a focus on protecting confidential information, customer privacy, and data security, he drives complex negotiations to completion under strict deadlines while advocating for the interests of both his clients and their customers.

Intellectual Property Litigation

At trial and on appeal, Micah protects clients' intellectual property rights and defends those accused of infringement. His comfort and skill in the courtroom help judges and juries understand complex legal and factual issues, with experience litigating matters ranging from pharmaceuticals and oil field tools to water purification equipment and office furniture. He has handled complex patent, trade secret, trademark, and copyright cases in state and federal courts, the Patent Trial and Appeal Board, Trademark Trial and Appeal Board, and Section 337 investigations before the International Trade Commission. He is registered to practice before the U.S. Patent and Trademark Office.

Protecting Brands and Innovation

Micah develops global brand protection strategies, including portfolio acquisition and maintenance, licensing, and enforcement. His brand protection practice includes counseling clients on matters involving domain name squatting, online infringement and on social media, and other unfair competition. Micah also has practical experience with a wide variety of technology areas, helping clients guard their designs, software, and other innovation with comprehensive trade secret and patent protection advice. 

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  • Data Breach and Crisis Response Experience
    Represented publicly traded shipping company in matter involving an unauthorized clone of its website used in a scheme to defraud third parties. We reported the abuse to the website hosting provider and the domain name was successfully suspended. Represented international insurance company in phishing attack involving fraudulent emails purportedly sent by a C-suite officer using a domain name similar to the client’s. We reported the abuse to the domain name hosting and email service providers and the domain name was successfully suspended. Developed and implemented incident response plan for payroll services provider, creating an incident response team composed of internal and external members. The client has successfully activated the team several time to swiftly contain cyber incidents, often before personal information was compromised, to preserve incident logs and data, and to meet breach notification deadlines. Represented retailer with locations across the Gulf South in an incident involving thousands of stolen credit card numbers. We worked with the US Secret Service and security consultants to contain the breach, remove malware from the retailer’s servers, and provide notice to customers and State Attorneys General. Represented national bank in breach involving the hacked email account of C-suite bank officer. We coordinated the incident response, mediated communications with federal financial regulators and state agencies, sent notices to thousands of current and former customers of the bank, and supervised call center and credit monitoring services offered to affected individuals. Represented financial services provider in incident involving hacked customer administrative accounts. The hackers used the administrative access credentials to attempt to divert customer funds to the hacker’s bank accounts. As part of the client’s incident response team, we help the client contain the incident, report the crime to law enforcement, recover the funds, and notify affected individuals. Represented oil field services provider in incident involving hacked employee email account. We supervised a review of the email account and drafted notices to affected individuals and business and the Louisiana Attorney General.
  • Thought Leadership and Presentations
    "24 Hours: Government Likely to Require Notice of Ransomware Payments from Banks, Other Key Businesses," Jones Walker LLP Banking & Financial Services Newsletter, April 28, 2022 "Reminder: When Disposing of ePHI, Obliterate It!," Jones Walker LLP Healthcare Client Alert, February 2020 "One Year Later: Louisiana’s Database Security Breach Notification Law 2.0", August/September 2019 "Hacked? Compromised Employee Data May Trigger Duty for Employer to Notify Affected Employees," Jones Walker LLP Trade Secret Insider Blog, August 14, 2019 "CMS Expands Medicare Coverage of Telehealth," Jones Walker LLP Healthcare Client Alert, August 12, 2019 "An Analysis of the Recent Supreme Court Case of Mission Product Holdings, Inc. v. Tempnology, LLC", June 27, 2019 "Louisiana Data Breach Laws: Best Practices for Incident Response Plans," Loyola University College of Law and the Association of Corporate Counsel – Louisiana Chapter's Essential Issues Affecting In-House Counsel and Corporate Attorneys CLE Seminar, January 28, 2022 "Protect Your Company’s IP at Startup or Pay the Price Later," 2021 New Orleans Entrepreneur Week, March 23, 2021 "The Law and Ethics of Cybersecurity Breach Response," Louisiana State Bar Association, New Orleans, Louisiana, December 13, 2019 "Data Security for Banks: Helping Banks to Prepare for and Respond to Data Security Incidents," Louisiana Bankers Association, New Orleans, Louisiana, December 12, 2019 "Patentable Subject Matter: USPTO Guidance and (Proposed) Legislative Fixes," LSBA IP Section, June 20, 2019 "Get Jazzed About Data Security!" Netconnect 2019, April 25, 2019 "Patents in Space," University of Alabama, April 18, 2019 "Branding: Select a Strong Trademark and Register it!" The Shops at the Contemporary Arts Center, January 15, 2019 "Good Corporate Housekeeping & IP Fundamentals," The Shop at the Contemporary Arts Center, October 30, 2018 "Secure Your Rights in the New, More Secure '.bank' Domain Registry", March 11, 2015, Birmingham, Alabama "Brand Your Business, Trademark Your Products", November 18, 2014, Innovation Louisiana 2014, New Orleans Bio Innovation Center "Prosecuting & Defending Trade Secret Violations and Related Claims Against Former Employees," New Orleans Bar Association, October 2, 2014
  • Memberships and Community Service
    Louisiana Super Lawyers, "Rising Star," Intellectual Property Litigation (listed annually since 2019) Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals Loyola Institute of Politics, 2018 Fellow LSU Women's Center's "Men Who Champion Women," 2018 honoree Committee for a Better New Orleans, 2016 Bryan Bell Metropolitan Leadership Forum Fellow Emerging Philanthropists of New Orleans, 2015 Fellow Louisiana State Bar Association, Young Leadership Class, 2014–2015 Fellow, 2015–2016 Co-Chair New Leader's Council of Louisiana, 2012 Fellow International Association of Privacy Professionals (IAPP) Sexual Trauma Awareness & Response, Board (2016–present), Vice Board Chair (2018–2019), Board Chair (2019–present) LSU National Diversity Advisory Board (2015–present), Chair of Student Life and Programming subcommittee (2018–present) National Center for State Courts, Young Lawyers Committee (2016–present), Co-Chair (2018–present) A.P. Tureaud American Inns of Court, Associate (2014–present) LSU Law Dean’s Council, Member (2012–present) Louisiana State Bar Association Access to Justice Committee (2019–present) Outreach Committee (2016–2018) Governance Committee (2015–2018) Diversity Conclave Subcommittee (2013–2016) IP Section President (2018–2019) Vice President (2017–2018) Treasurer (2016–2017) Secretary (2015–2016) Member (2011–present) Garden District Association, Board (2015–2018)
  • Data Breach and Crisis Response Experience
    Represented publicly traded shipping company in matter involving an unauthorized clone of its website used in a scheme to defraud third parties. We reported the abuse to the website hosting provider and the domain name was successfully suspended. Represented international insurance company in phishing attack involving fraudulent emails purportedly sent by a C-suite officer using a domain name similar to the client’s. We reported the abuse to the domain name hosting and email service providers and the domain name was successfully suspended. Developed and implemented incident response plan for payroll services provider, creating an incident response team composed of internal and external members. The client has successfully activated the team several time to swiftly contain cyber incidents, often before personal information was compromised, to preserve incident logs and data, and to meet breach notification deadlines. Represented retailer with locations across the Gulf South in an incident involving thousands of stolen credit card numbers. We worked with the US Secret Service and security consultants to contain the breach, remove malware from the retailer’s servers, and provide notice to customers and State Attorneys General. Represented national bank in breach involving the hacked email account of C-suite bank officer. We coordinated the incident response, mediated communications with federal financial regulators and state agencies, sent notices to thousands of current and former customers of the bank, and supervised call center and credit monitoring services offered to affected individuals. Represented financial services provider in incident involving hacked customer administrative accounts. The hackers used the administrative access credentials to attempt to divert customer funds to the hacker’s bank accounts. As part of the client’s incident response team, we help the client contain the incident, report the crime to law enforcement, recover the funds, and notify affected individuals. Represented oil field services provider in incident involving hacked employee email account. We supervised a review of the email account and drafted notices to affected individuals and business and the Louisiana Attorney General.
  • Thought Leadership and Presentations
    "24 Hours: Government Likely to Require Notice of Ransomware Payments from Banks, Other Key Businesses," Jones Walker LLP Banking & Financial Services Newsletter, April 28, 2022 "Reminder: When Disposing of ePHI, Obliterate It!," Jones Walker LLP Healthcare Client Alert, February 2020 "One Year Later: Louisiana’s Database Security Breach Notification Law 2.0", August/September 2019 "Hacked? Compromised Employee Data May Trigger Duty for Employer to Notify Affected Employees," Jones Walker LLP Trade Secret Insider Blog, August 14, 2019 "CMS Expands Medicare Coverage of Telehealth," Jones Walker LLP Healthcare Client Alert, August 12, 2019 "An Analysis of the Recent Supreme Court Case of Mission Product Holdings, Inc. v. Tempnology, LLC", June 27, 2019 "Louisiana Data Breach Laws: Best Practices for Incident Response Plans," Loyola University College of Law and the Association of Corporate Counsel – Louisiana Chapter's Essential Issues Affecting In-House Counsel and Corporate Attorneys CLE Seminar, January 28, 2022 "Protect Your Company’s IP at Startup or Pay the Price Later," 2021 New Orleans Entrepreneur Week, March 23, 2021 "The Law and Ethics of Cybersecurity Breach Response," Louisiana State Bar Association, New Orleans, Louisiana, December 13, 2019 "Data Security for Banks: Helping Banks to Prepare for and Respond to Data Security Incidents," Louisiana Bankers Association, New Orleans, Louisiana, December 12, 2019 "Patentable Subject Matter: USPTO Guidance and (Proposed) Legislative Fixes," LSBA IP Section, June 20, 2019 "Get Jazzed About Data Security!" Netconnect 2019, April 25, 2019 "Patents in Space," University of Alabama, April 18, 2019 "Branding: Select a Strong Trademark and Register it!" The Shops at the Contemporary Arts Center, January 15, 2019 "Good Corporate Housekeeping & IP Fundamentals," The Shop at the Contemporary Arts Center, October 30, 2018 "Secure Your Rights in the New, More Secure '.bank' Domain Registry", March 11, 2015, Birmingham, Alabama "Brand Your Business, Trademark Your Products", November 18, 2014, Innovation Louisiana 2014, New Orleans Bio Innovation Center "Prosecuting & Defending Trade Secret Violations and Related Claims Against Former Employees," New Orleans Bar Association, October 2, 2014
  • Memberships and Community Service
    Louisiana Super Lawyers, "Rising Star," Intellectual Property Litigation (listed annually since 2019) Certified Information Privacy Professional (CIPP/US), International Association of Privacy Professionals Loyola Institute of Politics, 2018 Fellow LSU Women's Center's "Men Who Champion Women," 2018 honoree Committee for a Better New Orleans, 2016 Bryan Bell Metropolitan Leadership Forum Fellow Emerging Philanthropists of New Orleans, 2015 Fellow Louisiana State Bar Association, Young Leadership Class, 2014–2015 Fellow, 2015–2016 Co-Chair New Leader's Council of Louisiana, 2012 Fellow International Association of Privacy Professionals (IAPP) Sexual Trauma Awareness & Response, Board (2016–present), Vice Board Chair (2018–2019), Board Chair (2019–present) LSU National Diversity Advisory Board (2015–present), Chair of Student Life and Programming subcommittee (2018–present) National Center for State Courts, Young Lawyers Committee (2016–present), Co-Chair (2018–present) A.P. Tureaud American Inns of Court, Associate (2014–present) LSU Law Dean’s Council, Member (2012–present) Louisiana State Bar Association Access to Justice Committee (2019–present) Outreach Committee (2016–2018) Governance Committee (2015–2018) Diversity Conclave Subcommittee (2013–2016) IP Section President (2018–2019) Vice President (2017–2018) Treasurer (2016–2017) Secretary (2015–2016) Member (2011–present) Garden District Association, Board (2015–2018)
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