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John P. Scordo

Partner
+1.973.848.4136
Fax +1.973.848.4001

John Scordo is a partner in the firm’s Newark office and focuses his practice on data privacy and protection, insurance coverage, and complex commercial litigation. He counsels clients on data privacy and protection, best practices, breach preparation and response, and post-breach regulatory liability and litigation.

He has extensive experience in the handling of litigation and the negotiation of claims/coverages under all types of insurance, including data breach liability, first-party network security, general and professional liability, directors and officers (D&O), property/business interruption, fidelity, errors and omissions (E&O), title/closing protection, cargo, environmental impairment, excess/umbrella, securities form J, Side A DIC, life/accident, aviation, secured creditor impaired property, media/publishers, employment practices, health and group benefits, ERISA/fiduciary, and workers’ compensation/employers’ liability.

He is a commercial arbitrator for the Financial Industry Regulatory Authority (FINRA) and is well versed in the numerous data security and insurance coverage issues impacting the financial services industry. Mr. Scordo has also represented both purchasers and suppliers in disputes involving large commercial supply contracts and the Uniform Commercial Code (UCC), and defendants in personal injury/mass tort cases.

Professional Background

Prior to joining K&L Gates, Mr. Scordo was a partner at a New Jersey law firm. He focused his practice on insurance, data privacy and protection, commercial disputes, mass tort, and securities.

Achievements

  • Mr. Scordo has been quoted in the mainstream press on electronic discovery and insurance issues.  He has been interviewed and quoted in the Hartford Business Journal, Newark Star-Ledger, and New Jersey Law Journal.
  • Mr. Scordo has been recognized as a leading litigation practitioner in Benchmark: Litigation, the Definitive Guide to America's Leading Litigation Firms and Attorneys, 2009.
  • Mr. Scordo founded and runs the unaffiliated website www.research-finance.com, a popular finance website that focuses on academic research in the field.

Professional/Civic Activities

  • American Bar Association (Tort Trial & Insurance Practice Section)
  • The IOLTA Fund of the Bar of New Jersey (former Chairman, Board of Trustees)
  • New Jersey State Bar Association (Insurance Section)
  • Professional Responsibility Rules Committee (former Member)

Speaking Engagements

  • “Post-Data Breach Legal Issues – Regulatory and PCIDSS Liability,” New Jersey State Bar Association Cybersecurity Institute, November 17, 2017.
  • “Complex Litigation/Admin Actions in Cybersecurity Cases,” NJICLE 2nd Annual Cybersecurity Law Conference, June 12, 2017.
  • “A Primer on Directors and Officers and Similar Professional Liability Insurance,” Association of Corporate Counsel New Jersey 14th Annual Full Day CLE Conference, September 16, 2016.
  • “Data Privacy & Cyber Security: Are You Sitting on a Landmine of Data?,” CEO Panel: Data Privacy & Cyber Security (IWNY Event), May 17, 2016.
  • “Post-Data Breach Litigation,” New York Law School Master Class, April 23, 2015.
  • “Emerging Coverage Issues Related to Cyber Risks: An Examination of Coverage Under ‘Traditional’ CGL and Other Policies,” New Jersey State Bar Association Insurance Law Section, November 19, 2014.
  • “Cybersecurity: Best Practices to Prevent a Data Breach,” New Jersey Corporate Counsel Association CLE Program, April 30, 2014.
  • “Cybersecurity Risks in the Financial Industry,” presented as in-house CLE to financial services/broker/dealer, March 5, 2014.
  • “Claims Handling from the Policyholder Perspective: Practical Tips,” New Jersey State Bar Association Insurance Law Section, November 21, 2013.
  • “Cyber Risks and Realities, and Insurance Coverage,” Association of Corporate Counsel, Western Pennsylvania Chapter, September 24, 2013.
  • “Cyber Liability Institute,” New Jersey Institute for Continuing Legal Education, December 5, 2012.
  • “Lessons Learned from Superstorm Sandy and WTC,” K&L Gates and Marsh Conference: Legal and Insurance Lessons Learned from Major Catastrophic Events and Constructions Claims, September 10, 2013.
  • “Cyber Liability in the Age of the New Data Security Laws,” Massachusetts Continuing Legal Education, June 29, 2010.
  • “E-Discovery: Is Your Company at Risk?” Association for Information and Image Management, May 11, 2010.
  • “Cyber Liability in an Automated Business Climate From Legislation to Litigation...How to Manage the Risk,” Day Pitney Seminar, February 4, 2010.
  • Moderator, “Nanotechnology: The Next 10 Years,” Nanotechnology Health & Safety Forum, June 8-9, 2009.
  • “Cyber Insurance,” Mutual Service Office’s Internet and E/Commerce Seminar for Insurers, October 2008.
  • “Electronic Discovery and Hot Issues Practicing in Federal District Court,” Association of the Federal Bar of New Jersey, March 2004.
Data Privacy and Breach
  • Litigated a proposed class action against an online retailer for privacy violations arising from unauthorized disclosure of credit card information.
  • Advised companies on post-breach investigation and notice obligations and methodologies, and successfully managed public relations, regulatory and litigation risk.
  • Complied with and applied in-house breach response plans.
  • Advised on security policy, privacy policy and breach response plans.
  • Assisted financial institutions in assessing and purchasing network security coverage covering both first-party and third-party risks.
  • Frequent speaker to attorney organizations, including Corporate Counsel Association, on in-house data privacy compliance and privacy issues.
  • Involved in cyber liability issues since 2007.
Insurance Coverage Disputes and Counseling
  • Represented an international trust and clearing company in policy negotiation and purchase of “Form J” property/securities policies in the London markets following the October–November 2012 storm.
  • Representing a multinational bank in a property damage, business interruption, service interruption, extra expense, civil authority, and ingress/egress claim following the October–November 2012 storm.
  • Counseled a New Jersey utility on insurance coverage issues arising under multiple liability and environmental impairment policies for underlying liabilities from manufactured gas plant sites.
  • Represented a Fortune 100 technology manufacturer in successfully obtaining temporary and preliminary affirmative injunctive relief against its insurer requiring the issuance of a disability policy covering 40,000 employees.
  • Litigated a coverage claim arising from ERISA liabilities following a “cash balance plan” conversion.
  • Represented a multinational pharmaceutical company in a recovery under a cargo loss policy following a plane crash at Newark Liberty International Airport.
  • Represented a multinational pharmaceutical company in its dispute under outside counsel guidelines involving defense counsel fees.
  • Representing a multinational bank in an insurance coverage litigation in connection with underlying personal injury claims arising from the September 11 WTC event.
  • Represented a multinational bank in a property damage claim arising from the September 11 WTC event.
  • Representing a nationwide retailer in a claim under D&O policies in connection with four underlying securities actions.
  • Represented a private hedge fund manager and related public fund in the negotiation of a complex insurance program utilizing D&O and E&O.
  • Represented a multinational manufacturer in the proof of loss, negotiation, and settlement of a multimillion dollar employee fraud claim under fidelity bond.
  • Represented a manufacturer in a broker malpractice claim involving 20 years of premiums paid under workers’ compensation policies.
  • Representing a multinational manufacturer in the coordination of coverage for underlying asbestos litigation.
  • Represented numerous nationwide manufacturers in various industries in the coordination of coverage for underlying product liability, environmental, and asbestos liabilities.
  • Represented numerous manufacturers for underlying environmental liabilities arising from clean-up of sites nationwide.
  • Represented a commercial and residential roofing manufacturer in the coordination of coverage for underlying asbestos liabilities.
  • Represented a New Jersey-based pharmaceutical company in the coordination of coverage for underlying asbestos liabilities.
  • Counseled a multinational bank regarding claims under a D&O policy for underlying mortgage-backed security litigations.
  • Provided policy wording and insurance structure advice following worldwide bank reorganization/recapitalization and subsidiary divestures.
  • Assisted with the establishment of a captive insurance program and related regulatory issues to allow the sale of insurance to a payroll company’s customers.
  • Defended a major insurance broker in a malpractice action under a group excess liability policy.
  • Provided counsel in the dispute over the loss payee provision in a policy and proceeds from property loss.
General Commercial Litigation
  • Obtained a temporary and preliminary injunction for an electronic retailer against a multinational manufacturer preventing the termination of North American television distributorship.  Lead trial counsel during multiple evidentiary hearings in the District of New Jersey.
  • Represented an international industrial gases and engineering company in multiple UCC commercial disputes involving long-term requirements contracts for large, multi-tonnage on-site hydrogen, helium, and oxygen generation facilities located nationwide.
  • Represented hedge funds in litigation following an attempted “mini-tender offer.”

Securities Arbitrations

  • Commercial arbitrator for FINRA for over a decade and presided over and decided many complex cases.  Represented claimants and respondents in security arbitrations involving allegations of unsuitability, churning, misrepresentation, unauthorized trading, failure to supervise, and expungement.
Mass Tort Defense
  • Defended a Fortune 1000 energy and natural gas company in multiple personal injury cases arising from manufactured gas plants located throughout New Jersey.
  • Defended a security company in litigation over death and injuries following a dormitory fire.
  • Represented a security company in litigation following an abduction, murder, and suicide.
  • Represented a global banking and financial services company in WTC respiratory litigation.
Other Experience
  • Supervised the production of millions of pages of records and privilege log using a team of up to 40 lawyers, paralegals, and document coders located in Mumbai, India.
  • One of the first practitioners to lecture on e-discovery issues.
PUBLISHED OPINIONS
  • Warner-Lambert Company v. LEP Profit International, et al., 517 F.3d 679 (3d Cir. 2008).
  • In re Alpharma Securities Litigation, 372 F.3d 137 (3d Cir. 2004).