Marcel C. Duhamel

Marcel is a partner in the Vorys Cleveland office, a litigator and a privacy lawyer.  His practice includes privacy, class actions, consumer protection, banking litigation, complex litigation, bankruptcy litigation and appellate practice.

Marcel’s litigation practice has frequently involved representing lenders and loan servicers in defense of consumer and commercial class actions, lender liability claims, loan servicing claims and privacy claims.  He has defended class and individual actions raising data privacy, consumer protection, FCRA, TCPA and FDCPA claims.  In addition, Marcel represents clients defending claims under the Truth in Lending Act (TILA), Regulation Z, the Uniform Commercial Code, Ohio's Consumer Sales Practices Act, Ohio’s Retail Installment Sales Act and other theories of liability to consumers.  He also represents banks and financial institutions in "workout" litigation, receiverships, bankruptcy and other commercial disputes.  Marcel advises financial institutions regarding UCC Article 4 claims raising questions of liability for forged and altered instruments and other issues regarding the allocation of liability for improperly paid items.  He has also represented clients in intellectual property litigation, bankruptcy litigation and general business litigation.

Marcel’s privacy practice includes counseling clients with respect to privacy practices and compliance and allegations of data breach.  He has advised clients with respect to GDPR compliance and cross-border data transfers from the EU to the US, and with respect to financial and consumer privacy compliance, and he has counseled clients through the Privacy Shield (now the Data Privacy Framework) certification process.  He advises clients regarding digital marketing privacy issues, such as compliance with TCPA, CAN-SPAM and similar regulatory regimes.  He is a member of the International Association of Privacy Professionals and a Certified Information Privacy Professional/Europe (CIPP/E), a Certified Information Privacy Professional/US (CIPP/US), a Certified Information Privacy Manager (CIPM) and a Fellow of Information Privacy (FIP).

He has spoken on subjects related to GDPR, privacy class actions, banking litigation, appellate advocacy and trial advocacy.

Marcel received his J.D. from The University of Chicago Law School and his B.A. summa cum laude from Case Western Reserve University.

Marcel clerked for the Honorable Ann Aldrich of the United States District Court for the Northern District of Ohio.

Honors & Recognitions

Ohio Super Lawyers, Litigation, 2023-2024

The Best Lawyers in America, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2024-2025; Commercial Litigation, 2018-2025

Martindale-Hubbell AV Peer Review Rated

Professional & Community Activities

The Ohio State University Moritz College of Law, Adjunct Professor, Law of Cyberspace, Summer 2023, Summer 2024

International Association of Privacy Professionals (IAPP), Cleveland KnowledgeNet Chapter, Co-Chair

Congregation Mishkan Or, Member of the Board of Trustees and Co-Chair of Finance Committee

United Jewish Cemeteries Association, Board of Governors

American Bar Association Consumer Litigation Committee, Data Security Subcommittee, Past Co-Chair

Sedona Conference Working Group II, past Member of Brainstorming Task Force on U.S. Enforceability of GDPR and past Member of Drafting Team

Cleveland Metropolitan Bar Association, Past Member of Board of Trustees; and Past Chair, Court Rules Committee; and Past Co-Chair, Bench Bar Committee

Eighth District Judicial Conference, Life Member