John T. Wolak, CIPP-US

Mr. Wolak chairs the firm’s Privacy & Data Security Team and has extensive experience with a broad range of privacy and security issues. He regularly provides advice and counsel on compliance with the ever-evolving local, national, and global regulatory regimes; leads incident/breach response investigations and post-event activities; develops and implements written privacy and security policies; and completes privacy and security assessments. In addition, Mr. Wolak assists clients with cyber insurance coverage, policies, and endorsements; best practices to mitigate cyber risks and exposures; due diligence for regulatory compliance; and data security training for employees.

Mr. Wolak also has extensive experience representing clients on insurance coverage matters. He has been included on the Best Lawyers® list for Insurance law, including its “Lawyers of the Year” list (Newark, NJ), as well as the New Jersey Super Lawyers list for Insurance Law. For more than 25 years, he has litigated matters involving hundreds of millions of dollars in insurance coverage for a broad range of clients and regularly provides strategic counseling and analysis of potential risks and exposures, policy terms and conditions, and claims resolution.

REPRESENTATIVE PRIVACY & DATA SECURITY MATTERS

• Served as data breach counsel leading the security incident investigation and response activities for a regional healthcare provider, including working with the forensics team, coordinating notification requirements, and interacting with federal authorities.
• Served as data breach counsel for an international relocation service in connection with security incident investigation and response activities arising out of a phishing scam exposing passport and other personal information.
• Served as data breach counsel for a law firm in response to a security event at a third party vendor and vendor’s sub-processor.
• Served as data breach counsel for an international manufacturing company in connection with notification obligations as a result of a phishing incident that compromised personal information of global contacts.
• Provided advice and counselling to an event programming and public relations service on privacy and security compliance with local, national, and international regulatory obligations.
• Represented an international data analytics company to assess and evaluate compliance with applicable U.S.-based privacy and security statutes and regulations in anticipation of a public offering of securities on foreign securities exchange.
• Served as counsel for an international manufacturer of communications technology providing advice and counselling on state and federal compliance obligations in connection with a global launch of cloud based testing and monitoring products and services.

REPRESENTATIVE INSURANCE COVERAGE MATTERS

• As specially retained appellate counsel, obtained the reversal of a multimillion-dollar summary judgment award against the firm’s clients – the policyholder and its liability insurer – because the adversary lacked standing to prosecute its claims for indemnification, both directly and under the applicable policy.
• Served as lead counsel for the firm in a confidential, three-week international arbitration in London under the English Arbitration Act commenced by a policyholder seeking $90 million of insurance coverage for personal injury claims arising out of the use of prescription medication.
• Obtained dismissal with prejudice of all claims by all parties against an insurer client, after extensive motion practice before the trial court and several appellate arguments, seeking to impose liability (directly and as co-insurers) in excess of $5 million for damages arising out of a construction site accident.
• Obtained a multimillion-dollar insurance recovery for a claim based on construction defects and property damage to the substructure of residential units and a parking garage, as insurance coverage counsel for condominium development owners.
• Successfully negotiated the resolution of coverage disputes on behalf of an international financial services company arising out of multi-million dollar losses caused by a former employee.
• Obtained insurance coverage under EPL policies for financial services company after insurer denied coverage for multiple lawsuits and claims alleging harassment and discrimination by a senior executive.
• Represented a prominent university in New Jersey in successfully negotiating the resolution of an insurance coverage dispute with various insurers of a general contractor and subcontractors, concerning insurance coverage for construction defects in connection with major renovations to a campus facility.
• Obtained dismissal with prejudice of all claims asserted against an insurer client for alleged extra-contractual damages under a D&O policy for defense and potential liability of individual directors and officers for Fair Labor Standards Act violations.

REPORTED DECISIONS / MATTERS

• Marshall v. Raritan Valley Disposal, 2012 N.J. Super. Unpub. LEXIS 544 (App. Div. 2012)
• V. Mane Fils S.A. v. Int’l Flavors & Fragrances, Inc., 2010 U.S. Dist. LEXIS 45645 (D.N.J. May 6, 2010)
• V. Mane Fils S.A. v. International Flavors and Fragrances, Inc., 249 F.R.D. 152 (D.N.J. 2008)
• Marshall v. Raritan Valley Disposal, 398 N.J.Super. 168 (App. Div. 2008
• Huthmacher v. Dunlop Tire Corp., 28 A.D.3d 1166, 815 N.Y.S.2d 385 (4th Dept. 2006)
• Allianz Underwriters Ins. Co. v. Landmark Ins. Co., 13 A.D.2d 172, 787 N.Y.S.2d 15 (1st Dept. 2006)
• Wakefern Food Corp. v. Chestnut Hill Plaza Holding Corp., 2001 Del. Ch. LEXIS 61, 2001 WL 515069 (Del. Ch. 2001)
• Rappoport v. Steven Spielberg, Inc., 16 F.Supp.2d 481 (D.N.J. 1998)
• New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp., 138 N.J. 326 (N.J. 1994), 266 N.J.Super. 159 (App. Div. 1993), 266 N.J.Super. 195 (Ch. Div. 1991)
• Statewide Realty Co. v. Fidelity Management and Research Co., Inc., 259 N.J.Super. 59 (L. Div. 1992)