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Jamie is an experienced business litigator. He has represented both private and public companies in complex commercial litigation in federal and state courts throughout the country. In addition, as a member of the firm’s Privacy and Data Security team, he helps clients navigate the complex legal framework impacting the collection, use, and protection of personal information.

Jamie’s commercial litigation experience encompasses a wide range of business disputes, including breach of contract claims, insurance coverage issues, fiduciary duty claims, unfair competition, business torts, trademark infringement, fraud, employment disputes, product liability, and class action litigation. He also has extensive experience defending a global public company in wrongful death, traumatic brain injury, severe burn, and other significant personal injury and property damage cases around the country. Jamie has served as lead trial counsel in litigation pending in 25 states.

Jamie has successfully applied his significant litigation experience in assessing and minimizing business risks to provide clients, from start-ups to Fortune 500 corporations, with practical legal advice on all aspects of privacy and information security. His proactive approach allows companies to focus on achieving their business goals knowing that their compliance obligations have been met and their regulatory risks have been minimized. In today’s rapidly changing information age, businesses face unprecedented challenges in managing and protecting the personal information of their customers, employees, and business associates. Jamie has extensive experience helping business clients of all sizes and in multiple industries overcome these difficult and unique business challenges.

Experience

Litigation

Defended a public company in an action commenced by a Mexican corporation seeking $11 million for alleged breaches of a supplier agreement.

Represented a public company in separate state and federal lawsuits against two national labor unions for unlawful racketeering, extortion, defamation, and trademark infringement.

Represented a public company in a federal lawsuit commenced by a subcontractor claiming more than $9 million in damages for breach of an alleged joint venture and partnership agreement.

Defended a real estate developer in connection with a challenge to the state government’s administrative approval of the issuance of $56,000,000 in industrial revenue bonds for the construction of a shopping center-restaurant-office complex.

Represented a company accused of violating the Telephone Consumer Protection Act.

Represented local taxpayers who intervened in a lawsuit commenced by an interest group challenging the validity of an “option” election that resulted in legalizing the sale of alcoholic beverages within the county; persuaded a Kentucky trial court and court of appeals that the election results were valid.

Defended a public company in an action in which the plaintiff sustained third-degree burns to more than twenty percent of his body and contracted an almost-fatal MRSA bacterial infection.

Defended a public company in numerous personal injury cases in state and federal courts around the country involving claims of wrongful death, dismemberment, burns, traumatic brain injury, and other significant personal injuries.

Defended a public company in a federal securities fraud lawsuit commenced by a labor union seeking an injunction to stop the company’s annual shareholders meeting.

Defended a regional bank in a lawsuit alleging intentional infliction of emotional distress resulting from debt collection practices.

Defended a county government in a class action lawsuit brought by the family members of various individuals whose bodies were allegedly photographed and manipulated by an unauthorized individual at the county morgue.

Represented numerous franchisees located throughout the country in litigation alleging that the franchisor engaged in fraud and violated Ohio’s Business Opportunity Act.

Represented various companies seeking to enforce non-compete agreements and non-solicitation agreements against former employees, including obtaining temporary and preliminary injunctions.

Defended company accused of copyright infringement, misappropriation, and violations of the Ohio Trade Secrets Act.

Defended a property owner accused of tortious interference with business relationships because a sign that he posted interfered with the plaintiff’s business relationships with contractors, subcontractors, prospective customers, customers, and clients as part of her development of adjacent property.

Represented the board of directors of a public company in a shareholder derivative lawsuit alleging various breaches of fiduciary duty

Privacy & Data Security

Advising private and publicly traded companies regarding the collection, use, protection, and disclosure of confidential and personal information.

Advising companies regarding compliance with the European Union’s General Data Protection Regulation (GDPR) and related laws.

Advising companies regarding compliance with the California Consumer Privacy Act and similar state laws.

Advising companies on domestic and international laws affecting cross-border transfers of confidential information, as well as the necessary content of privacy notices.

Preparing and implementing comprehensive information governance and security programs and policies.

Providing education and training to employees, officers, and directors relating to applicable privacy and information security policies.

Advising companies on proactive and cost-effective strategies for complying with the Federal Trade Commission Act and other generally applicable laws and regulations.

Advising companies on industry-specific laws and regulations, including the Gramm-Leach Bliley Act and the Health Insurance Portability and Accountability Act (HIPAA).

Reviewing and negotiating the terms of agreements with third-party vendors having access to personal information and conducting due diligence relating to each vendor’s information security program.

Providing guidance on privacy and information security issues during the due diligence phase of merger and acquisition deals.

Providing assistance to companies seeking to recover money stolen as a result of sophisticated social engineering tactics.

Representing numerous companies in responding to security breaches, including, most recently, two publicly-traded Fortune 500 companies.

Preparing and, if necessary, executing incident response plans in the event of a security breach.

Overseeing and directing breach response activities, including: forensic investigations, coordination with law enforcement agencies, compliance with all applicable state breach notification laws, compliance with contractual notice obligations, and responding to inquiries from the Federal Trade Commission and state attorneys general.

Conducting internal investigations regarding employee theft of confidential information and trade secrets.

Providing advice regarding the scope and application of cyber risk insurance policies, including the negotiation of favorable terms and conditions.

Sample Court Decisions

Phillips v. Village of New Richmond, 2020 WL 4923621 (S.D. Ohio 2020)

Murray v. Choice Energy, LLC, 2015 U.S. Dist. LEXIS 89913 (S.D. Ohio 2015)

Underground Vaults & Storage, Inc. v. Cintas Corp., 632 Fed. Appx. 917 (10th Cir. 2015)

Underground Vaults & Storage, Inc. v. Cintas Corp., 2014 U.S. Dist. LEXIS 124830 (D. Kan. 2014)

Underground Vaults & Storage, Inc. v. Cintas Corp., 2014 U.S. Dist. LEXIS 52539 (D. Kan. 2014)

AJZN, Inc. v. Yu, 2013 U.S. Dist. LEXIS 2943 (N.D. Cal. 2013)

Underground Vaults & Storage, Inc. v. Cintas Corp., 2013 U.S. Dist. LEXIS 101865 (D. Kan. 2013)

Underground Vaults & Storage v. Cintas Corp., 2013 U.S. Dist. LEXIS 166283 (D. Kan. 2013)

Allure Jewelers, Inc. v. Ulu, 2012 U.S. Dist. LEXIS 134440 (S.D. Ohio 2012)

Cintas Corp. v. UNITE-HERE, 355 Fed. App. 508 (2d Cir. 2009)

Cintas Corp. v. UNITE-HERE, 601 F. Supp. 2d 571 (S.D.N.Y. 2009)

Herring v. Adkins, 150 Ohio Misc. 2d 13 (Ohio Com. Pl. 2008)

McKinney v. City of Newport, 2007 Ky. App. Unpub. LEXIS 1148 (Ky. App. 2007)

Bear Creek Capital, LLC v. Toebben, Ltd., 2007 Ky. App. Unpub. LEXIS 309 (Ky. App. 2007)

Federal Insurance Company v. Cintas Corporation, 2006 U.S. Dist. LEXIS 33369 (S.D. Ohio 2006)

UNITE-HERE v. Cintas Corporation, 2006 U.S. Dist. LEXIS 75376 (S.D.N.Y. 2006)

Chesher v. Neyer, 477 F.3d 784 (6th Cir. 2007)

Coors v. Fifth Third Bank, 2006 WL 2520322 (Ohio App. 2006)

Toth v. Mercer County Board of Elections, 2005 WL 991073 (Ky. App. 2005)

Melton v. Bd. of County Comm’rs, 267 F. Supp. 2d 859 (S.D. Ohio 2003)

Bosse v. Rare Hospitality, 2002 Ohio App. LEXIS 3881 (Ohio App. 2002)

Bass v. SMG, Inc., 328 Ill. App. 3d 492 (Ill. App. 2002)

Other Info About Jamie

Education

Law School

Northern Kentucky University Salmon P. Chase College of Law, J.D., 1999, magna cum laude
· Valedictorian
· Order of the Curia
· Research and Student Articles Editor, Law Review

Undergraduate School

Northern Kentucky University, B.S., 1996, cum laude

Courts

Jamie is admitted to practice before the following courts:

U.S. District Court for the Southern District of Ohio

U.S. District Court for the Northern District of Ohio

U.S. District Court for the Eastern District of Kentucky

U.S. District Court for the Western District of Kentucky

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Tax Court

U.S. Supreme Court

Bar Memberships

Jamie is licensed to practice in the following states:

Ohio

Kentucky

Recognition

Local & National Recognition

The Best Lawyers in America©, Commercial Litigation, 2015-2021

The Best Lawyers in America©, Personal Injury Litigation – Defendants, 2021

Cincy Magazine, “Cincy Leading Lawyers,” Civil Litigation, Business Litigation, 2018-2021

Ohio Super Lawyers, 2015-2021

  • Top 50 Lawyers in Cincinnati List, 2018-2021
  • Top 100 Lawyers in Ohio List, 2019-2020

Ohio Super Lawyers Rising Stars, 2005-2014

AV-Preeminent Peer Review Rated, Martindale-Hubbell

Professional Affiliations

Professional Affiliations & Memberships

Fellow, Litigation Counsel of America

Civic Activities

Civic & Charitable Organizations

Children’s Law Center, Inc., Board of Directors, Executive Committee

Greater Cincinnati Behavioral Health Services, Board of Directors, Chair of the Human Resources/Legal Committee

Northern Kentucky University Alumni Association, Former President

NKU Foundation, Board Member Emeritus

Presentations

Jamie was invited to speak at the following events:

“2020 Cyber Security Forum,” Cincinnati Business Courier, December 2020.

“Trans-Atlantic Transfers of Personal Data After the Schrems II Decision,” Global Client Seminar, November 2020.

“Cybersecurity Due Diligence in M&A,” DealLawyers.com Webcast, January 2020.

“Navigating the Data Privacy and Cybersecurity Landscape for Financial Service Professionals,” Firm Seminar, Cincinnati, Ohio, November 2019.

“Privacy & Data Security For Nonprofit Organizations,” Cleveland Metropolitan Bar Association, Cleveland, Ohio, September 2019.

“Why Every Employer Should Care About The California Consumer Privacy Act,” Firm Seminar, Cincinnati, Ohio, September 2019.

“Why An Ohio Company Should Care About The California Consumer Privacy Act,” CISOCentric Summit: It’s On YOU – Cyber Risk Reduction & Transfer, Cleveland, Ohio, August 2019.

“The California Consumer Privacy Act,” CISOCentric Summit: Cloud Security in an Ever-Changing World, Cincinnati, Ohio, May 2019.

“Cybersecurity Forum: Changes and Trends for 2019,” Skoda Minotti and Oswald Companies, Cleveland, Ohio, March 2019.

“Hot Topics in Health Care Law and Cybersecurity,” Cleveland Metropolitan Bar Association, Cleveland, Ohio, December 2018.

“Why U.S. Companies Should Care About the EU’s General  Data Protection Regulation,” Cleveland Intellectual Property Law Association, Cleveland, Ohio, October 2018.

“Nuts and Bolts of the EU’s General Data Protection Regulation,” Firm Seminar, Cleveland, Ohio, September 2018.

“Insurance and Cyber Risk Management,” Cleveland-Marshall College of Law, Center for Cyber Security and Privacy Protection, December 2016.

“Key Lessons From Recent Healthcare Breaches,” Cybersecurity Summit Healthcare Day, HIMSS Innovation Center, Cleveland, Ohio, October 2016.

“Beyond Compliance 101: Managing the Cyber Risks of Third Party Vendors,” Association of Corporate Counsel, Northeast Ohio Chapter, Cleveland, Ohio, October 2016.

“Managing the Cyber Risks Created by Third Party Vendors,” Firm Seminar, Cleveland, Ohio, May 2016.

“Privacy & Data Security: 10 Steps for Minimizing Cyber Threats,” Firm Seminar, Cleveland, Ohio, September 2015.

“First Financial Bank Cyber Fraud Seminar,” First Financial Bank, Cincinnati, Ohio, September 2015.

Major Publications

Jamie is an author of the following publications:

“Europe’s Highest Court Invalidates EU-U.S. Privacy Shield Framework,” July 2020.

“New Studies Demonstrate Third Party Cyber Risks Continue to Grow,” October 2017.

“Third Party Vendors Beware: New York’s Recently Implemented Cybersecurity Regulation Will Affect Out-of-State Companies,” August 2017.

“Duped Employees: An Estimated $2.6 Billion Netted by Cybercriminals in 2016 Just by Tricking Unwitting Employees,” July 2017.

“Understanding the Cyber ‘Crime-as-a-Service’ Business Model, and Evaluating Gaps and Overlaps in Cyber Insurance Coverage,” July 2017.

“Ransomware and Cyber Extortion: Are These Cybercrimes Covered Under Your Cyber Risk Insurance Policy?” May 2017.

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