John Thomas A. Malatesta, III

J.T. is the Chair of Maynard Cooper’s Cybersecurity and Privacy practice. He also leads the firm’s e-discovery practice.

Cybersecurity Risk Management and Data Breach Litigation

J.T. helps businesses develop cyber risk management and mitigation strategies, including the development and implementation of incident response plans, updating vendor management programs, and performing cybersecurity compliance audits.

He guides clients through the immediate and necessary steps following a data breach, including incident response, notification, regulatory inquiries and, if necessary, civil litigation. He has represented a number of clients in data breach litigation, particularly in the financial services and insurance industries.

J.T. is a frequent speaker on emerging issues in cybersecurity regulation and data breach litigation. He is one of a handful of lawyers from across the country selected by the Sedona Conference to author a primer on data security. He is also a member of Infragard, a public-private partnership between the FBI and the business community on cybersecurity, and the Sedona Conference Data Security and Privacy Liability Working Group.

Representative services include:

• Advising companies on cybersecurity oversight strategies for boards of directors and executive management
• Developing incident response plans
• Updating vendor and business partner contracts to ensure adequate privacy and data security safeguards are in place over non-public personally identifiable information
• Assisting companies with cybersecurity exams
• Conducting data breach investigations
• Examining domestic and international privacy laws
• Advising clients on customer and regulatory data breach notification obligations
• Evaluating existing policies, practices and procedures to determine if they comply with controlling regulatory frameworks
• Counseling clients on cyber risk management and mitigation strategies
• Assessing available coverages and exclusions within cyber liability policies
• Evaluating the cybersecurity risk associated with mergers, acquisitions, and other business transactions
• Defending class action data breach lawsuits

Electronic Discovery and Data Management

J.T. has advised companies on electronic discovery from the day the Federal Rules of Civil Procedure were amended in 2006 to address the subject matter. He is a leading practitioner in the area, and has developed a reputation for cost-effectively managing the life cycle of electronically stored information (ESI) in complex litigation. J.T. helps client manage the entire spectrum of the Electronic Discovery Reference Model (EDRM) – Information Management, Preservation, Collection, Processing, Production and Presentation.

Representative services include:

• Advising companies on best practices for litigation holds
• Developing discovery protocols
• Drafting structured data discovery requests
• Negotiating discovery obligations
• Performing forensic investigations
• Developing cost-efficient document collection, analysis, review, and production strategies
• Representing corporate representatives in ESI Depositions
• Motion practice on electronic discovery obligations

J.T. also counsels companies on information governance initiatives that can be implemented in advance of litigation to proactively manage data, and reduce legal and financial risk. These include policies and procedures for record retention, e-mail management, computer usage, social media and Bring Your Own Device (BYOD).

General Litigation

J.T. began his law career as a litigator. For more than 10 years he has been a general litigator in the truest sense of the term. He has handled a variety of matters on behalf of OEMs, automotive suppliers, pipeline companies, municipal airports, manufacturers, financial services companies, broker dealers, construction companies, real estate investment trusts, insurance companies, movie retailers and individuals. He is listed in Super Lawyers in the area of Business Litigation, and he was recognized by the Birmingham Business Journal as a 2017 "Rising Star Lawyer." Representative cases that J.T. has handled can be found under Experience.

J.T. received his J.D. from the University of Virginia School of Law and holds a B.S. from Washington and Lee University.

• Represent commercial health insurer in antitrust MDL
• Represent interstate common carrier of petroleum products in $162 million breach of contract action
• Represent insurance companies in data breach and identity theft cases alleging that personally identifiable information (PII) has been compromised
• Represent broker-dealer in action to enjoin vendor from discontinuing operation of e-mail service
• Represent OEM in franchise dealership litigation
• Represent municipal airport in Open Records Act inquiries and litigation
• Represented REIT in the HealthSouth Corporation shareholder derivative action in which the Plaintiffs sought recovery of $2.6 billion loss sustained in corporate accounting scandal
• Represents transit bus manufacturer in litigation matters around the country
• Represents manufacturing suppliers in actions involving breach of contract and breach of warranty
• National counsel for glass installation company
• Represented interstate common carrier of petroleum products in toxic tort litigation brought by several landowners alleging property damage and mental anguish
• Represent broker-dealers in FINRA arbitrations and state court cases
• Represented closely held corporation in AAA arbitration involving claims of breach of contract
• Represented movie retailer in several cases throughout the Southeast alleging civil RICO claims

Affiliations

• American Bar Association
• Alabama State Bar Association
• New York State Bar Association
• Birmingham Bar Association
• InfraGard
• ESI Roundtable (Birmingham and Tampa chapters)

Below is a list of J.T.'s recent speaking engagements.

• September 19, 2018: "Lessons Learned from Data Breaches," Citizens Business Summit (Guntersville, AL)
• September 11, 2018: "Cybersecurity and Privacy - Evolving Trends and Risk Mitigation Strategies," CEFLI Annual Conference (Denver, CO)