Michelle A. Schaap

Member Chair, Tech, Privacy and Data Innovations GroupRoseland, NJ

Phone (973) 530-2026Fax (973) 530-2226mschaap@csglaw.com

Michelle Schaap practices cybersecurity and corporate law. Within corporate law, she primarily practices in construction, franchising and renewable energy – representing a varied client base that ranges from Fortune 500 companies to closely-held businesses.

Cybersecurity
Combining her technology and corporate experience, Michelle has spearheaded and developed CSG’s cybersecurity practice. She regularly advises clients on cybersecurity preparedness, counsels clients when data security incidents arise and trains companies on best practices for security procedures addressing both their business operations and their customers’ concerns. Michelle assesses her clients’ risk management practices and security incident preparedness to develop a proactive response and recovery plan enacted to recover from security breaches. Additionally, Michelle works with clients in contract review, drafting and negotiation in critical areas of privacy and security.

Michelle is a Certified Information Privacy Professional, awarded from the International Association of Privacy Professionals, with a concentration on U.S. private-sector law (CIPP/US) and is Co-Chair of the IAPP New Jersey KnowledgeNet Chapter. Ms. Schaap is an adjunct professor at Fordham University, teaching Privacy & Cybersecurity.

Construction
Within the construction industry, Michelle negotiates complex agreements – including construction management, architect and design-build agreements. Her extensive experience includes multimillion-dollar biotech research facilities, design-build agreements for amusement rides, and working with various clients to develop form agreements for planned expansion. Complementary to Michelle's construction work is her experience negotiating solar facility agreements – including power purchase agreements and engineering, procurement and construction agreements.

Technology
Michelle works closely with both technology developers and companies seeking to acquire technologies – whether by custom development, license, subscription or otherwise. Michelle’s experience overseeing these transactions enhances efficiency and ensures that the agreement appropriately protects her clients. She educates her clients on potential risks and liabilities, and provides best practices to help manage and mitigate such exposure.

Education

Harvard in association with HarvardX (Certification on Cybersecurity: Managing Risk in the Information Age, 2020)
Mitchell Hamline School of Law (Cybersecurity and Privacy Law Certificate, 2016)
New Jersey Institute of Technology (Certificate in Construction Management, 2009)
Rutgers University School of Law - Newark (J.D., 1987)
Cornell University (B.A., cum laude, 1984)
International Association of Privacy Professionals (Certified Information Privacy Professional, 2019)

Admissions

New Jersey

Negotiation of construction management agreements for a major retail center ($250 million)
Counsel clients on incident and breach response
Counsel clients on cybersecurity policies and procedures
Training clients on cyber-mindfulness
Non-technical risk assessments
Represents clients to develop incident response plans and conducts tabletop exercises
Negotiation of an agreement for fabrication and installation of major amusement rides ($35 million)
Contract audits for clients regarding cybersecurity and related undertakings
Website terms and conditions and privacy policies
Negotiation of a construction agreement for a performing arts center ($35 million)
Negotiation of leasing and power purchase agreements for solar power facilities
Negotiation of the sale of an independent website to a major publishing house ($3 million)
Acquisition by employees of a division of a publicly traded entity ($1.9 million)
Sale of a software developer to a major technology rollup entity ($60 million)
Licensing agreements
Development of construction-related form agreements for a real estate developer
Draft and negotiate website development and hosting agreements
Negotiation of non-disclosure and non-circumvention agreements

Prior to joining the firm, Michelle served as in-house counsel to Toys “R” Us, Inc. from 1991 to 1996. She also worked in Japan for several years as a foreign associate with the Tokyo-based firm of Hamada & Matsumoto (now Mori, Hamada & Matsumoto).

March 27, 2023

Fund Managers and Investment Advisors May Soon, by Federal Regulation, be Required to Have Documented Cyber Risk Management Programs

October 6, 2021

United States Cybersecurity Magazine: Patchwork State Privacy Legislation vs Federal Law: Small and Midsize Businesses Would Benefit from One Clear Path

September 13, 2021

CIANJ Guest Blog: Biden's Executive Order Presents New Cybersecurity Standards for Government Agencies and Their Software and Cloud Providers

May 27, 2021

Seton Hall University School of Law: The Duty of Technological Competence and Other Ethical Issues Relating to Technology and Law Practice

April 20, 2021

Celesq: What is Authorized Access and How Do Employers Deal with Misuse of Access Credentials Post-Van Buren vs United States

January 27, 2021

Mid Atlantic Real Estate Journal: Cybersecurity and data protection should not be an afterthought for design professionals

July 29, 2020

CSG Law Alert: Data Breaches Are a Foreseeable Risk and Companies Owe a Common Law Duty of Care When They "Create" the Risks

November 22, 2018

CSG Law Alert: Whether Offering Cyber Monday Discounts, Soliciting Year-End Charitable Donations or Marketing Your Business Online, Your Website Policies and Terms Matter!

November 16, 2018

Journal of Equipment Lease Financing: Cybersecurity: The Increasing Obligations and Exposure in the Age of State Regulation

September 28, 2017

New Jersey Adopts Personal Information and Privacy Protection Act Restricting Retailers' Right to Request and Retain Customer Information

July 11, 2017

New York State Cybersecurity Regulations Regarding Cyber and Data Privacy Obligations Applicable to Banking, Insurance and Financial Services

February 9, 2017

The Best Lawyers in America®, Privacy and Data Security Law (2020-2023)
Morris/Essex Health & Life Magazine, Top Lawyers, Technology Virtual (2022)
NJBIZ, Leaders in Law, Privacy (2021)
CIANJ, Best Practices Award (2019)
New Jersey Law Journal, Top Women in the Law (2018)
Leading Women Intrapreneurs & Corporate Leaders of New Jersey Honoree (2017)
Corporate Insider, Excellence in Technology Law Award - New Jersey (2017)
New Jersey Commission on Professionalism in the Law, Professional Lawyer of the Year Award (2017)
NJBIZ, Best 50 Women in Business (2011)
Martindale-Hubbell AV® Preeminent™ Rating

Award Methodology

American Bar Association
American Bar Foundation, Fellow
Essex County Bar Association
International Association of Privacy Professionals, New Jersey KnowledgeNet Chapter Co-Chair
New Jersey Business and Industry Association, Information Technology Committee (2016-2017)
New Jersey State Bar Association
New Jersey Women Lawyers Association, Past-Presidents Committee, 2022-2023; Nominations Committee, Co-Director, 2020-2022; President, 2018-2019; President-Elect, 2017-2018; Vice President, 2016-2017; Chief Financial Officer, 2015-2016; Co-Chief Operating Officer, 2013-2015
Women Presidents Organization
NJ LEEP, Mentor

Practices

Industries

Search

FILTERS

Michelle A. Schaap

Education

Admissions