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Elisa D'Amico

Partner
+1.305.539.3315
Fax +1.305.358.7095

Elisa D’Amico assists clients with sophisticated litigation issues. Ms. D’Amico’s focuses her practice on Internet and technology law, specifically online privacy and cyber harassment. She also counsels clients concerning online affiliate marketing, consumer deception and fraud, and unfair deceptive acts and practices, as well as myriad complex creditors’ rights and bankruptcy related matters.

With her experience in the online marketing space, Ms. D’Amico represents several affiliate marketing networks both in general compliance matters and in defending the networks in agency investigations and lawsuits stemming from consumer complaints and allegations of deceptive practices.

Ms. D’Amico also has handled a wide range of commercial and bankruptcy litigation on behalf of financial institutions as well as secured and unsecured creditors, both in state and federal courts. For the past several years, Ms. D’Amico has represented an international diversified financial-services company in the prosecution of numerous commercial foreclosure lawsuits, including lawsuits to enforce notes, mortgages, loan documents, and security agreements. She also has counseled a secured lender in an action against a premium finance company where the court appointed a receiver and awarded prejudgment escrow of the principal balance of the loan and the appellate court affirmed with an award of attorneys’ fees and costs.

Ms. D’Amico also is the co-founder of the Cyber Civil Rights Legal Project (CCRLP), a global K&L Gates pro bono project providing legal services to victims of nonconsensual pornography (i.e., “revenge porn”) when their sexually explicit images are distributed and displayed online without consent. The CCRLP utilizes the firm’s elite cybersecurity and cyber forensics practices, allowing volunteers to deliver quality pro bono services to victims across the globe. Since its inception in late 2014, the CCRLP already has helped hundreds of victims fight back against cyber harassment and reclaim their online identities.

Professional Background

Before joining K&L Gates, Ms. D’Amico practiced law in New York at another global law firm. She also has worked as a legal intern for a prominent criminal defense attorney and trial lawyer, aiding in numerous matters, including the defense of People v. Gerald Garson in the Kings County Supreme Court.

Achievements

  • Martindale-Hubbell® AV Preeminent® Rated, Litigation, Commercial Law, and Internet Law
  • Top Up and Comer, South Florida Legal Guide, 2016
  • The Florida Bar Young Lawyers Division Pro Bono Service Award, 2016
  • Legal Elite Up & Comer, Florida Trend, 2015
  • Honoree, 40 Under 40 Outstanding Lawyers of South Florida, Cystic Fibrosis Foundation, 2015
  • Honoree, Leaders in the Law, Florida Association for Women Lawyers, 2015
  • Attorney of the Year, Inaugural ALM/Daily Business Review Professional Excellence Awards, 2015
  • HYPE® Miami Award - Difference Maker, Greater Miami Chamber of Commerce, 2015
  • Honoree, 20 Under 40, Miami Herald, 2014
  • Florida Super Lawyers® “Rising Star,” Super Lawyers Magazine, 2013-2016
  • President’s Pro Bono Award, Miami-Dade Chapter of the Florida Association for Women Lawyers, 2014
  • Certificate of Merit, Dade County Bar Association, 2010-2013
  • Empire State Counsel, New York State Bar Association, 2008
  • The Archibald R. Murray Public Service Award, Fordham University School of Law, 2006

Professional/Civic Activities

  • Uniform Law Commission, The National Conference of Commissioners on Uniform State Laws, Committee on the Unauthorized Disclosure of Intimate Images, Observer, November 2015 to present
  • Founding Member, Advisory Board, Tyler Clementi Institute for CyberSafety at New York Law School
  • Co-Founder, Cyber Civil Rights Legal Project
  • Member, Advisory Board, Dade Legal Aid, 2014-present
  • Miami-Dade Florida Association for Women Lawyers
    • Treasurer, June 2016-present
    • Newsletter Editor, 2015-June 2016
    • Director, 2012-2015
    • Chair, Pro Bono Committee, 2014-2015
    • Founder and Chair, Publications Quality Control Committee, 2014-2015
    • Co-Chair, CLE Committee, 2014-2015
  • Firm Chair, Legal Line Committee, Dade County Bar Association, 2012-2014
  • The Women’s Fund of Miami-Dade
    • Member, Development Committee, 2014-2016
    • Co-Chair, Raise The Bar, 2011-present
    • Site Visitor, 2013-2014
  • Fordham Law Alumni Association: Miami Chapter
    • Vice President, 2013-January 2017
    • Director of Community Outreach, January 2017-present
  • Member, American Bar Association
  • Member, National Association of Women Lawyers
  • Member, Dade County Bar Association
  • Group Leader, Adrienne Arsht Center for the Performing Arts

Speaking Engagements

  • Speaker, “The First Amendment, Social Responsibility, and Changing the World,” Ethical Governance Day at iPrep Academy, Miami, October 20, 2016
  • Speaker, “Pro Bono Remarks,” The Florida Bar Practicing With Professionalism, Miami, August 2016
  • Speaker, United Way #LINCMiami "Drink & Think" Fundraiser, K&L Gates Miami
  • Moderator, “Social Media 2.0,” CLE program with Prof. Jan Jacobowitz, Miami-Dade FAWL and University of Miami School of Law’s Professional Responsibility and Ethics Program, Miami, April 2016
  • Speaker, “Pro Bono Remarks,” The Florida Bar Practicing With Professionalism, Miami, March 2016
  • Speaker, “Pro Bono, Privacy, & Pokémon,” The Florida Bar Practicing With Professionalism, Miami, August 2016
  • Speaker, “Porn, the Project, Privacy, and Pókemon” National Legal Aid & Defender Association Student Legal Services Section Conference, Tampa FL, 21 July 2016
  • Speaker, “Trolls, Threats, and Online Free Speech,” RightsCon Silicon Valley, 1 April 2016
  • Speaker, “The First Annual Tyler Clementi Internet Safety Conference: Combatting Cyberharassment,” New York Law School’s Innovation Center for Law and Technology, 3 October 2015
  • Speaker, “Revenge Porn and Online Identity,” Penn State Behrend, School of Humanities and Social Sciences, 1 October 2015
  • Moderator, “Legally Social: the ethical use of social media in attorney advertising and the practice of law,” CLE program with Prof. Jan Jacobowitz, Miami-Dade FAWL and University of Miami School of Law’s Professional Responsibility and Ethics Program, Miami, February 2015
  • Moderator, “Ethics for the Modern Age,” CLE program CLE program with Prof. Jan Jacobowitz, Miami-Dade FAWL and University of Miami School of Law’s Professional Responsibility and Ethics Program, Miami, June 2014
  • Moderator, “Trial Tips & Professionalism: A View From the Bench," CLE program presented by Hon. Spencer Eig, Eleventh Judicial Circuit Court of Florida, Miami April 2014

Additional Information

Television/Webcast/Radio Film Print/Online Publications
  • Counsel to a now defunct affiliate marketing network in an investigation by State Attorney General, and defending the network and its parent company--a global financial-services corporation--in an unfair, deceptive, or abusive acts or practices (UDAAP) lawsuit filed by the FTC and the State of Connecticut in the United States District Court for the District of Connecticut, accusing the network of encouraging the use of “fake news” sites to promote allegedly deceptive weight-loss claims by online marketers
  • Counsel to parent company of affiliate marketing network and advertising network, providing company with an evaluation and comprehensive review of the networks’ compliance programs. Also representation of the company in negotiations with inquiries from State Attorney General and FTC concerning enforcement of and compliance with Assurance of Discontinuance and Voluntary Compliance (AVC) and UDAAP
  • Counsel to major financial institutions for workout, creditors’ rights, and bankruptcy matters including filing lawsuits to enforce notes, mortgages, security agreements, and loan documents
  • Counsel to an international diversified financial-services company in the prosecution of a commercial foreclosure lawsuit involving a default under a $20 million asset-based line of credit (with a $17 million balance) where automobile insurance premiums served as the collateral, and where principal and all interest were recovered on appeal
  • Counsel to an international diversified financial-services company, defending its federally reinsured crop insurance division in a bankruptcy adversary proceeding relating to the insurer’s request for repayment of overpaid crop insurance indemnity payments
  • Counsel to one of the nation’s largest tobacco manufacturers in a domestic arbitration regarding payments required under the Master Settlement Agreement
  • Counsel to an oil and gas transportation company in connection with investigations by the U.S. DOJ, the SEC, and the CFTC