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Awards & Rankings

John Vogt named "Cybersecurity & Data Privacy Trailblazer" by National Law Journal

November 2017

Partner John Vogt was profiled in the National Law Journal's special report "Cybersecurity & Data Privacy Trailblazers." Published in November, the report honors 25 lawyers who have made significant marks on the practice, policy, and technological advancements in their sector.

Mr. Vogt has defended more than 100 state, federal, and nationwide class actions. As a trial lawyer, he focuses on cybersecurity, big data, and consumer privacy law and devotes his nationwide practice exclusively to class action defense and data breach response. His class action experience ranges from large-scale data breaches involving millions of personally identifiable information files, heath care data, and financial information. In addition he has extensive experience involving big data and privacy litigation, and the collection and sale of consumer data.

The NLJ noted his pioneering efforts to earn a landmark decision that will forever change the manner in which data breach investigations are conducted. The lead plaintiffs in nearly 50 consolidated class actions moved in the district court to compel production of the forensic reports that Mandiant (a cybersecurity consulting firm) prepared for Jones Day in its representation of Experian, in a matter concerning a breach that resulted in the theft of approximately 16 million T-Mobile applicant and subscriber files.

Mr. Vogt vigorously opposed the position of plaintiffs, who argued such reports are routinely discovered in data breach litigation. Mr. Vogt demonstrated that forensic expert reports prepared at the behest of counsel – even in the context of a nationwide data breach before litigation had ensued – are classic work product. The district court agreed: "The evidence here establish that Jones Day instructed Mandiant to do the investigation and, but for the anticipated litigation, the report wouldn’t have been prepared in substantially the same form or with the same content." (In Re Experian Data Breach Litigation 8:15-cv-01592 (C.D. Cal. Oct 02, 2015) (Order denying motion to compel production of documents).

The decision in In Re Experian teaches that, if properly structured at the outset of a breach, companies can obtain candid advice from forensic experts in advance of litigation without fear that those findings and advice will be discoverable in inevitable class litigation. The ruling is also a valuable tool in shielding breach reports from federal regulatory and state attorney general investigations.

Read the National Law Journal’s Cybersecurity & Data Privacy Trailblazers feature on John Vogt.

Lawyers in Jones Day's Cybersecurity, Privacy & Data Protection Practice help clients address current and emerging issues, including cybersecurity preparedness, data breach response, disputes and litigation, regulatory investigations, and cyber insurance. The Firm also advises clients on compliance obligations and their implications in transactions, such as corporate governance and risk management, corporate transactions, and cross-border data transfers.

Jones Day is a global law firm with more than 2,500 lawyers in 43 offices across five continents. The Firm is distinguished by: a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.

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