Melanie A. Conroy

Melanie Conroy focuses her practice on class action defense and complex commercial litigation. Melanie has experience in investor and consumer class actions based on alleged consumer fraud and unfair practices, consumer privacy, medical device marketing, product recalls, website accessibility, banking practices and fees, change of control transactions, insurance claims, securities laws, and fiduciary duties. She has represented clients in connection with internal, government, and regulatory investigations, and has counseled boards of directors, board committees, and senior management on a broad range of matters, including consumer and vendor contracts, corporate governance, trade secrets, data privacy, and regulatory issues.

Melanie represents businesses and organizations across industries, including financial services, technology, construction, life sciences, insurance, retail and consumer goods, private equity, real estate, energy, and media. She regularly appears in state and federal trial courts, and is experienced in private arbitration and mediation. As a Certified Information Privacy Professional (CIPP/US), Melanie helps clients understand and navigate complex data privacy and security issues that can underlie class action claims and arise in litigation. In addition, she counsels clients on compliance with a variety of state and federal laws and regulations concerning data privacy and digital accessibility.

Prior to joining Pierce Atwood, Melanie was a senior associate in the Securities Litigation Practice Group at Weil, Gotshal & Manges LLP. Melanie frequently writes and speaks on topics including class action litigation, data privacy matters, and securities laws.

Professional Activities
  • Greater Boston Chamber of Commerce, Financial Services Leadership Council
  • Boston Bar Association, Privacy, Cybersecurity & Digital Law Section Steering Committee
  • Former Chair, Boston Bar Association, Multidistrict Litigation and Class Actions Section Steering Committee
  • Boston Bar Foundation, Society of Fellows
  • Co-chair, American Bar Association Consumer Financial Services Committee, Social Media and Technology Subcommittee
  • American Bar Association, Class Actions and Derivative Suits Committee, Securities Litigation Committee
  • International Association of Privacy Professionals (IAPP)
  • Harvard Law School Association of Massachusetts
  • Harvard Law School Women’s Alliance of Boston
Publications
  • Co-author, Massachusetts Data Privacy Bill Would Increase Litigation Risks - Law 360 (2021)
  • Putative Class Member Standing as a Prerequisite for Certification - American Bar Association (2021)
  • What Has Changed with Article III Standing in Consumer Class Actions after Spokeo v. Robins?, American Bar Association Class Actions and Derivative Suits Newsletter (2019)
  • Co-author, Massachusetts Data Privacy Bill Poses Potential Class Action Risks - Law360 (2019)
  • Co-author, What to Know About Rule 23’s Potential Revamp - Law360 (2017)
  • Contributor,  Defending Clients in Insider Trading Investigations and Enforcement Actions, Defending Corporations and Individuals in Government Investigations ch. 13 (Daniel J. Fetterman & Mark P. Goodman eds., 2012-2013 and 2014-2015)
  • Co-author, Applying Securities Laws to Social Media Communications, Corporate & Securities Advisor and Harvard Law School Forum on Corporate Governance & Financial Regulation (2013)
Civic Activities
  • Friends of Dana-Farber Cancer Institute, Nominating Committee, board member
  • Political Asylum/Immigration Representation Project, volunteer attorney, 2017 Pro Bono Mentor Award recipient
  • International Refugee Assistance Project, volunteer attorney
  • Open Boston Logan Airport Volunteer Attorneys, Leadership Committee
  • Friends of the Newton Free Library, member
  • Sacred Heart Parish, Social Justice and Peace Committee, member

Practice Areas

Representative Experience
  • Represents financial institutions in state and federal class action litigation arising under Massachusetts Consumer Protection Law, Chapter 93A related to consumer banking practices and fees.
  • Represents commercial real estate company in class action litigation  arising under Massachusetts Consumer Protection Law, Chapter 93A.
  • Represented energy companies in federal class action litigation asserting claims for medical monitoring under Massachusetts law.
  • Represented marketing firm in federal Telephone Consumer Protection Act (TCPA) class action.
  • Obtained dismissal of securities class action against a clothing retailer and its senior officers and directors, and successfully defended Second Circuit appeal.
  • Secured dismissal of securities class action against multinational pharmaceutical company and its former CEO concerning diabetes drug sales.
  • Represented real estate investment trust and its former directors and officers in nationwide multidistrict class action litigation related to a $22 billion merger and in multiple arbitrations involving breach of contract claims arising out of the merger.
  • Obtained dismissal of securities class action against consumer electronics company and its officers concerning the performance of the company's premium audio segment.
  • Achieved dismissal of securities class action against holding company for regional grocer and its private equity owner arising out of holding group’s IPO.
  • Represented Fortune 100 multinational corporation and its senior officers and directors in securities class action arising out of the 2008 financial crisis.
Representative Experience
  • Represents financial institution in federal court litigation arising under Massachusetts’s Consumer Protection Law, Chapter 93A.
  • Represents construction client in federal court litigation against former employee for misappropriation of trade secrets and Computer Fraud and Abuse Act violations.
  • Represents financial institution in federal Office of Administrative Law Judges proceeding based on alleged Sarbanes-Oxley Act and Taxpayer First Act violations.
  • Represented financial institution in arbitration proceeding against former employees for misappropriation of trade secrets.
  • Achieved favorable settlements for retailers in connection with website accessibility class actions brought under the ADA.
  • Represented a New York Stock Exchange-traded company in connection with FINRA and SEC investigations.
  • Advised a New York Stock Exchange-traded company concerning corporate governance issues arising from litigation involving one of its directors.
Representative Experience
  • Advises clients concerning consumer agreements and disclosures, including arbitration agreements and class action waiver provisions.
  • Represented financial institution asserting claims related to vendor data security incident.
  • Represented marketing firm in federal Telephone Consumer Protection Act (TCPA) class action.
  • Advised the board of an alliance of international non-governmental organizations concerning compliance and litigation risks related to the collection of employees’ personally identifiable information under European data privacy regulations.