John’s practice focuses on internal investigations, financial fraud, financial institution defense, and cybersecurity matters. John regularly represents Fortune 500 companies, financial institutions, and HIPAA-covered entities in governmental investigations and class actions. John was appointed to serve as the first Special Master over discovery in the Takata Airbag Products Liability Multi-District Litigation. John is veteran of more than 15 jury trials and handled at least twice that number of evidentiary hearings during his time as an Assistant United States Attorney and in private practice. His trials included high-profile cases involving an airplane hijacking, the armed kidnapping of a federal employee, a mail fraud scheme targeting several schools, and the attempted enticement of a minor over the internet.

He has extensive experience in matters involving cyber intrusions, cyber extortions, corporate espionage, theft of trade secrets, and data breach events. On multiple occasions, John has counseled and defended companies experiencing massive, extremely high profile data breaches and crises. He has counseled and defended more than 80 financial institutions and FinTech’s across the country during examinations and investigations on issues relating to consumer and regulatory compliance issues and cyber preparedness. Throughout his career, he has led dozens of investigations in matters relating to financial crimes, insider abuses, consumer protection issues, the False Claims Act and potential FCPA violations.

John clerked for the Honorable Federico A. Moreno of the Southern District of Florida. He is a frequent speaker on cybersecurity and banking topics.

Bar Admissions

Education
JD, Harvard Law School, 2000

BA, Classics and History, Amherst College, 1995

• Represents a national grocery store chain in a privacy class action in which plaintiff asserts violations of state computer tampering statute, as well as common law claims. The putative class claims that the defendant’s website utilized flash cookies to track plaintiff’s web browsing activities. The suit involves cutting-edge privacy and class action issues, including an issue that is currently before the Supreme Court concerning jurisdiction under the Class Action Fairness Act.
• Led several investigations into cyber intrusion, cyber extortion, espionage, and data breach events including a high profile investigation involving an intrusion into an international bank that resulted in financial losses using ATMs. He has worked with United States and international law enforcement and financial institution regulators on such events.
• Represents clients in class actions involving data breach events, including actions involving Protected Health Information and account information fraud that have garnered national attention. The matters frequently involve allegations of unfair and deceptive practices and the Wiretap and Stored Communication Acts.
• Internal investigations practice involves potential theft of trade secrets, Healthcare Fraud, Foreign Corrupt Practices Act, Racketeer Influenced and Corrupt Organizations Act, allegations of corruption involving financial institution, and money laundering issues.
• Advises on data protection and potential compromises of sensitive data for financial institutions, health care, energy, and retail companies, including the applicability of breach laws, the Interagency Guidance, and the HITECH Act.
• Government enforcement practice involves representing financial institutions, directors, and officers in regulatory enforcement actions and actions by Department of Justice, including responding to "15 day letters" on issues relating to the Bank Secrecy Act, lending practices, and debt instruments.
• Defends individuals and companies in white collar criminal matters, including financial and healthcare fraud, environmental, and campaign contribution matters.
• Represented international energy company in complex commercial matters including Uniform Commercial Code pricing issues, contract disputes, and Petroleum Marketing Practices Act matters.
• Represented financial institutions in class actions involving credit card lending practices and securities fraud.
• Represented major international beverage company in RICO dispute adverse to a foreign sovereign.
• Represented Fortune 500 beverage company in several contract dispute and tort cases.

• Former Chair and Member, Southern District of Florida, Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance
• Member, Southern District of Florida, Committee for Reappointment of Magistrate Judges
• Member, Southern District of Florida, Bench & Bar Planning Committee

• Named among Best Lawyers in America, Commercial Litigation, 2016. A description of the selection methodology can be found on Best Lawyers’ webpage.
• Selected as a “Top Lawyer,” Corporate and Business Litigation, South Florida Legal Guide, 2015 and 2016
• Selected as “Top Up & Comer,” South Florida Legal Guide, 2013-2014
• Named among Law360 Privacy & Consumer Protection Rising Stars, 2013
• Selected as a “Rising Star,” Florida, Super Lawyers magazine, 2009-2011, 2013. A description of the selection methodology can be found on Super Lawyers’ webpage.
• Named one of the “Top 40 Under 40,” South Florida Business Journal, 2012
• Named one of the “40 Under 40 Outstanding Lawyers” of Miami-Dade County, Cystic Fibrosis Foundation, 2011
• Named among Florida’s “Legal Elite,” Commercial Litigation, Florida Trend magazine, 2010
• Samuel J. Heyman Fellow for Public Service, Harvard Law School

• FinCen Expands Customer Due Diligence Requirements, Western Independent Bankers Compliance Digest
• Expiration of Litigation Holds may not be Obvious, Daily Business Review, Law Technology News
• The Department of Justice Issues New Guidance on Charging, Pleas, and Sentencing, The Journal of Federal Agency Action
• Developments in Fair Lending, Banking New York – Online
• Fair Lending Developments, Nebraska Independent Banker
• The FTC and Data Breaches: FTC v. Wyndham Worldwide Corp, South Florida Legal Guide
• D.C. Circuit Steadies the Barko Bus: Clarification of the Attorney-client Privilege in Corporate Internal Investigations and Post-Barko Developments, Bloomberg BNA Corporate Law & Accountability Report
• When to Release a Litigation Hold, LTN Law Technology News
• Cybersecurity and Data Breach, Bloomberg BNA Privacy & Data Security Portfolio Series
• Data Breach Resource Center
• DOJ Reiterates Cooperation to Obtain Full Credit and Avoid Penalties, The Wyoming Banker
• Forecasting The Impact Of High Court Debit Card Rule Case, Law360
• Emerging Legal Issues in Managing Cyber Risk for Pipelines, Pipeline & Gas Journal
• Even Without Bribes, Foreign Sponsorship Presents FCPA Risks, Daily Business Review
• Efficacy of FCRA claims based on stolen data in data breach cases, Westlaw Journal: Computer & Internet