Daniel J.McLoon (Dan)

Practice Leader Cybersecurity, Privacy & Data Protection

(T) + 1.213.243.2580

Dan McLoon leads Jones Day's worldwide Cybersecurity, Privacy & Data Protection Practice. He has more than 30 years of experience in complex commercial litigation, with a particular focus on defending consumer class actions. He has extensive experience representing clients in matters involving data breaches, cybersecurity investigations, the Fair Credit Reporting Act, and accounting issues. He has advised multiple clients on data protection and privacy matters and has handled many regulatory investigations focused upon those issues. He has extensive trial experience having first-chaired more than a dozen trials in state court and federal district courts throughout the country. Dan also has handled a variety of appellate matters in state and federal reviewing courts, including the Supreme Court of the United States.

Representative clients in public litigation matters have included the County of Los Angeles and its Metropolitan Transportation Authority, Experian Information Solutions, IBM, R.J. Reynolds Tobacco Co., and TRW. Recently, Dan has defended Experian in several nationwide class actions focused upon consumer credit reporting statutes and in regulatory enforcement actions brought by the CFPB, FTC, and state Attorneys General. Earlier in his career, he represented a number of high-profile entertainers in litigated matters involving tax and contract disputes, including Cher and Michael Jackson.

Dan is a member of the Association of Business Trial Lawyers and has been a certified public accountant licensed in California since 1980.

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Experience

  • Experian forecloses class and forensic discovery, precluding nationwide class claimsJones Day, on behalf of Experian Information Solutions, Inc., obtained dismissal of a motion to compel class and technical/forensic discovery of Experian’s computer systems in a nationwide class action.
  • Experian prevails on summary judgment, granted attorney’s fees in case involving serial plaintiffJones Day client Experian Information Solutions, Inc. prevailed on a motion for summary judgment in a credit reporting dispute.
  • Experian secures appellate victory against putative class actionJones Day won an appellate victory in the Ninth Circuit Court of Appeals, which affirmed summary judgment for Experian Information Solutions, Inc. in a putative class action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq.
  • Experian secures dismissal of data privacy putative class for lack of Article III Standing after completion of discoveryJones Day successfully represented Experian Information Solutions, Inc. (“Experian”) in a putative class action brought in the Northern District of Illinois alleging violations of the Fair Credit Reporting Act (“FCRA”) based on the alleged disclosure of a prescreen list containing the credit information of thousands of consumers to an entity without permissible purpose.
  • Experian secures summary judgment in lawsuit challenging adequacy of credit reporting systemJones Day successfully represented Experian Information Solutions, Inc. in a case brought in the Eastern District of Kentucky alleging liability under the Fair Credit Reporting Act (“FCRA”).
  • Experian obtains Fifth Circuit summary judgment in FCRA litigationJones Day client Experian Information Solutions, Inc. secured a Fifth Circuit decision affirming the district court’s grant of summary judgment in Experian’s favor, thereby putting an end to the plaintiff’s claims under the Fair Credit Reporting Act ("FCRA").
  • Experian obtains summary judgment in purported class action alleging violation of Fair Credit Reporting Act based on reporting of payday loansJones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff purporting to represent a nationwide putative class alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681e(b), based on Experian’s reporting of payday loans that Plaintiff contended were unlawful.
  • Experian resolves putative class action alleging violations of Fair Credit Reporting ActJones Day successfully represented Experian Information Solutions, Inc. in a putative class action brought by a consumer in the Eastern District of New York alleging that Experian and other credit reporting agencies generated false credit reports regarding charged-off accounts.
  • Experian wins dismissal with prejudice of all claims arising out of allegations that child support obligations were reporting inaccuratelyJones Day client Experian Information Solutions, Inc. obtained a complete dismissal with prejudice of a putative class action brought by a plaintiff who alleged that his child support obligations were reporting inaccurately.
  • Experian obtains Fourth Circuit dismissal of $10 million class action judgmentJones Day client Experian Information Solutions obtained a Fourth Circuit decision dismissing a $10 million class action judgment against Experian for lack of Article III standing.
  • Experian obtains summary judgment in lawsuit alleging agent error leading to inaccurate reporting of consumer bankruptcyJones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff alleging that Experian had inaccurately reported the facts of her Chapter 13 bankruptcy.
  • Experian wins summary judgment and dismissal with prejudice of all allegations that it inaccurately reported consumer bankruptcyJones Day client Experian Information Solutions obtained through summary judgment dismissal with prejudice of all claims brought against it by a consumer alleging that Experian was not accurately reporting the facts of her Chapter 13 bankruptcy.
  • Experian obtains summary judgment in lawsuit alleging inaccurate reporting of consumer bankruptcyJones Day client Experian Information Solutions, Inc. (“Experian”) obtained a complete victory on summary judgment against a plaintiff alleging that Experian had inaccurately reported the facts of his Chapter 13 bankruptcy.
  • Experian wins summary judgment and award of attorney's fees after court finds case filed in bad faithJones Day client Experian Information Solutions, Inc. obtained a complete win at summary judgment against a plaintiff who brought allegations that several mortgage accounts were reporting inaccurately following his Chapter 13 bankruptcy.
  • Randstad acquires Monster for $429 millionJones Day advised Randstad Holding nv (AMS: RAND), a leading human resources services provider, in the acquisition of Monster Worldwide, Inc. (NYSE: MWW).
  • Experian resolves class action FCRA lawsuitJones Day client Experian Information Solutions, Inc. resolved a class action lawsuit brought by a plaintiff alleging that Experian violated the Fair Credit Reporting Act by inaccurately reporting outstanding civil judgments when those judgments had been satisfied.
  • Experian wins partial summary judgmentJones Day won partial summary judgment for Experian Information Solutions, Inc. in an action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., and the California Consumer Credit Reporting Agencies Act, Cal. Civ. Code Section 1785.1 et seq.
  • Experian resolves putative class action lawsuit over permissible purpose provision of FCRAJones Day represented Experian Information Solutions, Inc. in a putative data privacy class action brought by plaintiffs attempting to certify a class of more than 100 million consumers.
  • Experian resolves putative class action over misuse of sensitive credit data by debt relief businessJones Day represented Experian Information Solutions, Inc. in a putative data privacy class action brought by consumers alleging that Experian failed to take proper precautions to safeguard their personal credit data from an individual in Florida who had engaged in a massive fraud.
  • Experian wins appeal in Fair Credit Reporting actionJones Day client Experian Information Solutions, Inc. achieved complete victory in a Ninth Circuit appeal by an individual who had brought an action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the California Consumer Credit Reporting Agencies Act, Cal. Civil Code Section 1785.1 et seq., and other laws.
  • Speaking Engagements

    • January 31, 2018
      Client Confidentiality in the Age of the Breach: Cybersecurity Ethics and Risk Mitigation for Lawyers, Jones Day MCLE University
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