John represents businesses in various types of commercial disputes and transactions, with particular focus on information technology, intellectual property and privacy and data security. He regularly handles a variety of commercial disputes, but has substantial expertise in cases involving computer hardware and software development projects, government procurement, protection of trade secrets and proprietary business information, the Internet and e-commerce, privacy and data security, trademark and copyright infringement, and restrictive covenants. He has been lead counsel in numerous jury trials and bench trials in state and federal courts, as well as arbitration and mediation proceedings. He also regularly negotiates complex technology transactions on behalf of both users and vendors and advises clients on corporate policy matters and regulatory compliance issues involving e-commerce, privacy and data security.   John leads the firm’s Internet, E-Commerce & Information Technology Practice Team as well as the firm’s Privacy & Data Security Practice Team.

Representative Experience
Lead trial counsel in successfully defending patent licensee against breach of license and patent infringement claims brought by publicly-traded licensor of healthcare field operations tracking technology.

Lead counsel in action overturning award of $145 million state contract for non-emergency transportation services.

Lead outside counsel in advising client in connection with $8 million Oracle R12 implementation.

Lead counsel in advising and representing employee benefits consulting vendor in connection with data breach of personally identifiable information on more than 200,000 employees.

Lead outside counsel in advising one of the country's largest municipal-owned utilities in connection with $21 million BearingPoint implementation of customer care and billing software.

Lead counsel in bid protest action against State of Georgia on behalf of large technology vendor as incumbent, high bidder. Obtained permanent injunctions forcing $20 million contract back out to bid and preventing $2 million payment from State to successful bidder.

Lead outside counsel in advising large western states utility in connection with multiple software transactions totaling more than $20 million.

Lead negotiator in acquisition of $5 million enterprise-wide, multi-station/multi-channel traffic, accounting and yield management software solution for 47-station independent television company

Lead counsel for digital video signal processing equipment manufacturer in obtaining injunctive relief against former employee in action alleging breach of restrictive covenant and misappropriation of trade secrets.

Lead counsel representing Plaintiff in dispute over propriety of Internet application and other goods and services provided by educational systems and customized assessment vendor to State of Georgia. Obtained $2.1 million settlement on behalf of client.

Primary outside general counsel for industry-leading staffing software company; regularly assist client in numerous negotiations for contracts ranging from 70 to 1000 seats.

Lead counsel for nuclear-industry government contractor in responding, as subcontractor to Northup Grumman, to U.S. Department of Homeland Security RFP for open source development project based in part on client's proprietary source code previously developed as part of joint venture development contract for U.S. Department of Defense.

Lead trial counsel for defendant in litigation filed by major software manufacturer and subsidiary against former employee. Defense verdict.

Lead counsel in successfully defending former employee of world’s leading automotive logistics, distribution and transportation services company against motion for preliminary injunction, arising out of alleged trade secret misappropriation and non-disclosure agreement. Motion for Injunctive Relief denied after oral argument.

Trial counsel for plaintiffs in action for breach of contract and quantum meruit against Fortune 100 telecommunications company related to procurement of major contract with State of Georgia. Obtained $2.2 million jury verdict on behalf of client.

Led trial team on behalf of industry-leading software vendor in arbitration over alleged system failure, including claims and counterclaims for breach of contract, breach of warranty, fraud and negligent misrepresentation. Obtained $1.2 million award on behalf of client.

Lead trial counsel for publicly-held computer hardware manufacturer in federal lawsuit over alleged system failure, including claims and counterclaims for breach of contract, breach of warranties and fraud. Opposing party settled for nuisance value after client’s case presented at trial.

Lead trial counsel representing healthcare information consulting division of 3M Corporation as defendant in action alleging fraud and breach of contract. Plaintiff settled for nuisance value during trial.

Lead trial counsel for defendant direct-mail distributor in litigation related to warranties arising out of the purchase and sale of large direct mail technology system. Limited jury verdict against client to half of plaintiff’s last settlement demand prior to trial.

Lead counsel for world's largest manufacturer and marketer of footwear in $12 million, multi-country dispute with world's third-largest independent software supplier arising from failure of major retail and finance software system. Successfully moved to stay U.S. action pending resolution of Canadian action.

Counsel to client in acquiring license for application service provider software for loan origination, processing and call center management.

Lead counsel for immunization registry software manufacturer as plaintiff in obtaining injunctive relief against former employee in action alleging copyright infringement, breach of restrictive covenants, misappropriation of trade secrets, tortious interference with business relations and related claims.

Lead counsel for defendant in trademark infringement action brought by Atlanta-based company against California-based landscape supply distribution company, involving claims of Internet jurisdiction. Plaintiff dismissed case voluntarily after motion to dismiss filed on behalf of client.

Counsel for Plaintiff, a name brand ice cream retail chain, in suit alleging trademark infringement and unfair competition. Obtained Consent Order prohibiting further infringement.

Counsel for multinational residential and commercial construction and real estate development services firm in suit alleging trademark infringement. Obtained Consent Order prohibiting further infringement.

Successfully defended start-up competitor to world’s largest manufacturer of industrial pumps, in preliminary injunction proceeding seeking equitable relief arising out of alleged trade dress infringement and unfair competition.

Counsel to a variety of clients, including Fortune 1000 and other publicly-traded companies, covering a broad gamut of privacy and data security issues, including message board misconduct and internet anonymity, website spoofing, privacy policies, network “hacking” issues and other “cybercrimes,” Gramm-Leach-Bliley compliance, document retention and destruction and data aggregator compliance and liability.
Counsel to various clients before the U.S. Patent and Trademark Office, Trademark Trial and Appeals Board, in actions challenging or defending trademark registrations.

Representation of multiple clients in disputes over Internet domain name ownership and trademark rights, including actions filed in ICANN arbitration proceedings under Internet Domain Name Dispute Resolution Policy.

Presentations and Speaking Engagements 
“A New Frontier in Privacy Litigation: The Advent of Private Lawsuits Over Data Security Breaches,” 2008 ABA Annual Meeting, Section of Litigation, New York, New York, August 8, 2008

“Practicing What We Preach: Current Issues in Information Management, Legal Practice and Legal Ethics,” Ninth Annual Institute on Privacy and Security Law, Practising Law Institute, Chicago, Illinois, July 22, 2008

“If Only You’d Asked: The Litigator’s Perspective on Drafting Intellectual Property Agreements,” Intellectual Property Law Section, State Bar of Georgia, Atlanta, Georgia, April 22, 2008

“Information Ethics for Lawyers: Information Management - Knowing What You Have, Why You Have It, and How to Dispose of It (Without Breaking the Law or Violating Ethical Duties),” Eighth Annual Institute on Privacy and Security Law, Practising Law Institute, Chicago, Illinois, July 17, 2007

“Information Ethics for Lawyers: Information Management - Knowing What You Have, Why You Have It, and How to Dispose of It (Without Breaking the Law or Violating Ethical Duties),” Eighth Annual Institute on Privacy and Security Law, Practising Law Institute, New York, New York, June 26, 2007

Faculty, “Building Trial Skills,” Southern Regional, National Institute of Trial Advocacy,” Dedman School of Law, Southern Methodist University, Dallas, Texas, June 10-13, 2007.

“Privacy Roundtable,” Atlanta Compliance & Ethics Roundtable, J. Mack Robinson College of Business, Georgia State University, Atlanta, Georgia, May 10, 2007. 

Co-Chair, “Protecting Your Business’ Business: Tips for Guarding Your Client’s Ideas, Brands, and Critical Business Assets,” 2007 Section of Litigation Annual Conference, San Antonio, Texas, April 12, 2007

"Federal Regulation of Privacy & Data Security: Ready or Not," Association of Corporate Counsel, Washington Metropolitan Area Chapter, Tyson's Corner, Virginia, February 27, 2007

"Leading the Way in Privacy & Data Security Compliance", Association of Corporate Counsel, Annual Meeting, San Diego, California, October 23-25, 2006

"Anonymous Internet Miscief - Colliding With the First Amendment," Intellectual Property Litigation Committee Breakfast Meeting, 2006 ABA Annual Meeting, Section of Litigation, Honolulu, Hawaii, August 6, 2006

"Ethics: Information Management - Knowing What You Have, Why You Have It, and How to Dispose of It (Without Breaking the Law or Violating Ethical Duties)," Seventh Annual Institute on Privacy Law, Practising Law Institute, Chicago, Illinois, July 18, 2006

"The Corporation's Valuable Assets: IP Rights Under SOX.", 26th Annual lnstitute on Computer & Internet Law, Practising Law Institute, New York, New York, March 9-10, 2006

"Privacy: Is it Any of Your Business? – A presentation on state and federal data collection legislation and litigation in the wake of ChoicePoint", Quarterly Meeting, Technology Law Section, Georgia Bar, Atlanta, Georgia, December 8, 2005

"An Update on the Inevitable Disclosure Doctrine," Trade Secrets Litigation and Transactions, Law Seminars International, Chicago, Illinois, November 16, 2005 (Speaker)

Co-Chair "Software Litigation Conference," Law Seminars International, Atlanta, Georgia, September 22-23, 2005

     "Strategies for Proving/Refuting Liability," Software Litigation 
     Conference, Atlanta, Georgia, September 22, 2005

     "What Makes Software Development and Systems Integration
     Litigation Unique?" Software Litigation Conference, Atlanta,
     Georgia, September 22, 2005

"Privacy: Is it Any of Your Business? – A primer on state and federal data collection legislation in the wake of ChoicePoint," Computer & Internet Litigation Committee Breakfast Meeting, 2005 ABA Annual Meeting, Section of Litigation, Chicago, Illinois, August 6, 2005

"Corporate Management and Ethical Issues: To Shred or Not to Shred? (And Other Corporate Dilemmas)," 6th Annual Institute on Privacy Law: Data Protection – The Convergence of Privacy & Security, Practising Law Institute, Atlanta, Georgia, May 23, 2005

"Initial Analysis and Planning," Expert Testimony in Litigation: Capitalizing on Expertise for Success, Law Seminars International, Reston, Virginia, December 6, 2004

"Initial Analysis and Planning: Choosing the Expert and Getting Started," Effective Financial Expert Testimony: Significant Strategies and Tactics, Law Seminars International, San Francisco, California, November 4, 2004

"The Internet and the First Amendment at the Crossroads: Cutting Edge Issues," 19th Annual Technology Law Institute, Atlanta, Georgia, October 6, 2004

"'Who Told You to Do That?': Emerging Issues Regarding the Way Clients Create and Store Documents, and the Impact on Costs in Discovery," Quarterly Meeting, Technology Law Section, Georgia Bar, Atlanta, Georgia, August 12, 2004

"CyberCrimes and Other Internet Invasions of Privacy" 2004, ABA Annual Meeting, Section of Litigation, Atlanta, Georgia, August 6, 2004

"Cutting Edge Internet Law Issues: 'Ask the Experts' – Emerging Internet Issues," 18th Annual Technology Law Institute, Atlanta, Georgia, October 9, 2003

Co-Chair, Information Technology Litigation Conference, Law Seminars International, Atlanta, Georgia, December 9-10, 2002

     "Strategies for Proving/Refuting Liability," Information Technology Litigation
     Conference, Atlanta, Georgia, December 9, 2002

     "What Makes IT Litigation Unique?" Information Technology Litigation
     Conference, Atlanta, Georgia, December 9, 2002

"We Got What We Wanted In The Agreement; Now What Do We Get If They Breach? Remedies and Damages in Information Technology Agreements," 17th Annual Technology Law Institute, Atlanta, Georgia, October 4, 2002

Co-Chair, Information Technology Litigation Conference, Law Seminars International, Atlanta, Georgia, December 13-14, 2001

     "Cutting Edge Issues in Technology Disputes," Information Technology
     Litigation Conference, Atlanta, Georgia, December 14, 2001

     "What Makes IT Litigation Unique?" Information Technology Litigation
     Conference, Atlanta, Georgia, December 13, 2001

Publications
U.S. Data Breach Notification Law: State by State (American Bar Association 2007)

“Who Owns the Code?: Collaboration in Software Development While Protecting Your Legal Rights,” Written Materials for “Protecting Your Business’ Business: Tips for Guarding Your Client’s Ideas, Brands, and Critical Business Assets,” 2007 Section of Litigation Annual Conference, San Antonio, Texas, April 12, 2007

"Valuing IP Assets, Always Difficult, Just Got Harder," Practising Law Institute’s All-Star Briefing, Vol. 4:18 (May 4, 2006)

"The Rush by State Lawmakers to "Do Something" about Commercial Data Security may be Yielding Flawed Legislation," ABA Consumer & Personal Rights Litigation Newsletter (Winter 2006)

"When the Dike Breaks: Responding to the Inevitable Data Breach," CSO Magazine Online (December 2005)

"Beyond the Water Cooler: Does corporate blogging change the legal landscape?" Computerworld (November 14, 2005)

"Responding to the Inevitable Data Breach - Don't Be Caught Flat-Footed," Atlantic Coast In-House and Midwest In-House (October 2005)

"You Don't Have to Worry About Whether to Retain a Document That Was Never Created," Practising Law Institute’s All-Star Briefing, Vol. 3:26 (July 14, 2005)

"Whose Crime Is It Anyway?" CIO Magazine Online (June 6, 2005)

"Why Technology Companies Should Rethink the “Standard” Arbitration Clause," ABA Computer & Internet Litigation Journal (Spring 2005)

"Long-Term Employment Agreements With In-House Counsel: Employment Security or Ethical Quagmire," 9 Georgia Bar Journal, No. 3 (December 2003)

"Why Technology Companies Should Re-Think the “Standard” Arbitration Clause (Part II)," Technology Law, Technology Section Newsletter, State Bar of Georgia (Winter 2002)

"Why Technology Companies Should Re-Think the “Standard” Arbitration Clause (Part I)," Technology Law, Technology Section Newsletter, State Bar of Georgia (Fall 2002)

"Stopping the Deadbeat Cybersquatter: A Plea to ICANN for Better Default Provisions Under the Uniform Domain Name Dispute Resolution Policy, 6" Cyberspace Lawyer, No. 2 (October 2001)

Public Service
Member, Board of Directors, Inner Harbour

Member, Board of Directors, Techbridge