For nearly two decades, Jamie has represented both private and public companies in complex commercial litigation in federal and state courts throughout the country. Relying upon his strong litigation background and significant experience in assessing and minimizing business risks, Jamie provides clients 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. To provide comprehensive counseling in this increasingly complex and evolving area of the law, Jamie leverages the experience and expertise of a collaborative team of attorneys from Calfee’s business transactions, labor and employment, employee benefits, intellectual property, information technology, and health care practice groups.
In addition to leading the firm’s Privacy & Data Security group, Jamie also maintains a strong commercial litigation practice. His cases involve a wide range of business disputes, including breach of contract claims, insurance coverage issues, construction disputes, fiduciary duty claims, unfair competition, business torts, trademark infringement, fraud, employment disputes, product liability, and class action litigation. Jamie 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 more than 25 states.
Jamie is active in the community, serving on the Board of Directors of the Children’s Law Center, Inc. for more than a decade, currently serving as a member of the Board’s Executive Committee. He also sits on the Board of Directors of Greater Cincinnati Behavioral Health Services, where he serves as Chair of the Human Resources/Legal Committee. Jamie is a former president of the Northern Kentucky University Alumni Association.
Prior to joining Calfee as a partner in 2014, Jamie was a partner in the Litigation Group of the Cincinnati-based law firm of Keating Muething & Klekamp PLL.
- Listed in The Best Lawyers in America, Commercial Litigation (2015-2018)
- AV-Preeminent Peer Review Rated, Martindale-Hubbell
- Named an Ohio Super Lawyer (2015-2017)
- Named an Ohio Rising Star (2005-2014)
Publications and Speaking Engagements
- "New Studies Demonstrate Third Party Cyber Risks Continue to Grow," Author (October 2017)
- "Third Party Vendors Beware: New York’s Recently Implemented Cybersecurity Regulation Will Affect Out-of-State Companies," Author (August 2017)
- "Duped Employees: An Estimated $2.6 Billion Netted by Cybercriminals in 2016 Just by Tricking Unwitting Employees," Author (July 2017)
- "Understanding the Cyber “Crime-as-a-Service” Business Model, and Evaluating Gaps and Overlaps in Cyber Insurance Coverage," Author (July 2017)
- "Ransomware and Cyber Extortion: Are These Cybercrimes Covered Under Your Cyber Risk Insurance Policy?," Author (May 2017)
- "Insurance and Cyber Risk Management," Speaker, Cleveland-Marshall College of Law, Center for Cyber Security and Privacy Protection (December 2016)
- "Key Lessons From Recent Healthcare Breaches," Speaker, Cybersecurity Summit Healthcare Day, HIMSS Innovation Center, Cleveland, Ohio (October 2016)
- "Beyond Compliance 101: Managing the Cyber Risks of Third Party Vendors," Speaker, Association of Corporate Counsel, Northeast Ohio Chapter, Cleveland, Ohio (October 2016)
- "Managing the Cyber Risks Created by Third Party Vendors," Speaker, Calfee Seminar, Cleveland, Ohio (May 2016)
- "Privacy & Data Security: 10 Steps for Minimizing Cyber Threats," Speaker, Calfee Seminar, Cleveland, Ohio (September 2015)
Privacy & Information Security
- Advising private and publicly-traded companies regarding the collection, use, protection, and disclosure of confidential and personal information.
- 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.
- Represented a public company in a declaratory judgment action against an insurance company; obtained summary judgment resulting in $10 million in insurance coverage for the company.
- Successfully defended a public company in an action commenced by a Mexican corporation seeking $11 million for alleged breaches of a supplier agreement.
- Successfully defended a public company in an action in which the plaintiff sustained third-degree burns to more than 20 percent of his body and contracted an almost-fatal MRSA bacterial infection.
- Represented a public company in a lawsuit against an insurance company for coverage under an additional insured endorsement; succeeded in obtaining summary judgment against the insurer requiring millions of dollars in insurance coverage for wrongful death claims asserted against the company.
- Represented a public company in separate state and federal lawsuits against two national labor unions for racketeering, extortion, defamation, and trademark infringement.
- 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.
- Successfully 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.
- Successfully defended a regional bank in a lawsuit alleging intentional infliction of emotional distress resulting from debt collection practices.
- Sample Court Decisions: Murray v. Choice Energy, LLC, 2015 U.S. Dist. LEXIS 89913 (S.D. Ohio 2015); AJZN, Inc. v. Yu, 2013 U.S. Dist. LEXIS 2943 (N.D. Cal. 2013); Underground Vaults & Storage, Inc. v. Cintas Corporation, 2013 U.S. Dist. LEXIS 101865 (D. Kan. 2013); 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); Bass v. SMG, Inc., 328 Ill. App. 3d 492 (Ill. App. 2002); Herring v. Adkins, 150 Ohio Misc. 2d 13 (Ohio Com. Pl. 2008).
- 513.693.4889 - Cincinnati
- 216.622.8577 - Cleveland
- Privacy & Data Security
- Information Technology
- Business, Corporate and Commercial Litigation
- Compliance Services
- Tort, Accident and Products Liability Litigation
- Northern Kentucky University Salmon P. Chase College of Law, J.D., magna cum laude, 1999, Valedictorian, Order of the Curia, Research and Student Articles Editor of the Northern Kentucky Law Review, Law Clerk, Office of the Governor, Commonwealth of Kentucky
- Northern Kentucky University, B.S., cum laude, 1996, Student Body President, Student Regent
- States of Ohio and Kentucky
- U.S. District Courts (Southern and Northern Districts of Ohio, Eastern and Western Districts of Kentucky)
- U.S. Courts of Appeals for the Second, Sixth, Tenth and Federal Circuits
- U.S. Tax Court
- U.S. Supreme Court