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John P. Scordo

Partner
+1.973.848.4136
Fax +1.973.848.4001
John Scordo focuses his practice on insurance coverage, data privacy and protection, 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, crime/fidelity, errors and omissions (E&O), title/closing protection, cargo, environmental impairment, HOA/loss assessment, 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, long-term care, commercial auto, 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.

Mr. Scordo is an Adjunct Professor of Law at New York Law School and teaches Post-Data Breach Law and Counseling.

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. He clerked in the New Jersey Appellate Division.

Achievements

  • Mr. Scordo founded and runs the unaffiliated website www.research-finance.com, a popular finance website that focuses on academic research in the field.
  • 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.
  • He has been recognized as a leading litigation practitioner in Benchmark: Litigation, the Definitive Guide to America’s Leading Litigation Firms and Attorneys.

Professional/Civic Activities

  • Professional Responsibility Rules Committee (former Member)
  • The Interest on Lawyers Trust Accounts (IOLTA) Fund of the Bar of New Jersey (former Chairman and Treasurer, Board of Trustees)
  • American Bar Association (Tort Trial and Insurance Practice Section)
  • New Jersey State Bar Association (Insurance Section)

Speaking Engagements

  • “Cyber Liability & Insurance Coverage Issues Facing Municipalities,” NJLM Conference 2018, November 14, 2018
  • “GDPR and Data Privacy - What You Need to Know,” Association of Corporate Counsel New Jersey CLE Program, May 16, 2018.
  • “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,” Association of Corporate Counsel New Jersey 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.
  • Represented restaurant chain following multistate, including Florida, data breach.
  • Advised companies on post-breach investigation and notice obligations and methodologies and successfully managed public relations, regulatory, and litigation risk.
  • Defended healthcare information technology company against privacy complaint following alleged disclosure of protected health information.
  • Advised on security policy, privacy policy, and breach response plans.
  • Represented data analysis company in social media content dispute.
  • Assisted financial institutions in assessing and purchasing network security coverage covering both first-party and third-party risks.
  • Represented luxury hotel chain following email data breach.
  • 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 multiple property owners in fire and water property damage claims addressing issues such as construction costs, causation, and HOA vs. unit coverage.
  • Counseled a multinational investment bank on fiduciary liability insurance claim arising from 401k plan administration.
  • Represented an international trust and clearing company in policy negotiation and purchase of “Form J” property/securities policies in the London markets following “Sandy” storm.
  • Represented a multinational bank in a property damage, business interruption, service interruption, extra expense, civil authority, and ingress/egress claim following the October–November 2012 “Sandy” 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.
  • Assisted a multinational investment bank in restructuring of insurance program following spin-offs.
  • 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.
  • Represented a multinational bank in insurance coverage litigation in connection with underlying personal injury claims arising from the September 11 WTC events.
  • Represented a multinational bank in a property damage claim arising from the September 11 WTC events.
  • Representing a nationwide retailer in claims 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.
  • Assisted with lost cargo property damage claim for Jones Act shipper based in Florida.
  • Represented multinational manufacturers and local manufacturers 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.
  • Assisted multiple clients in setting up insurance brokerage referral arrangements in compliance with state licensing laws.
  • 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.
  • Assisted potentially responsible party group in environmental insurance issues arising from implementation of remediation plan.
  • Advised numerous companies on structure and interplay of additional insurance and indemnity and required insurance clauses, and drafted language to maximize protection.
  • Assisted client in claim for long-term disability insurance against insolvent carrier and objections to proposed restructuring of contract.
  • Provided insurance coverage advice in connection with underlying wrongful death case at nursing home.
  • Represented a consumer footwear company in product liability claim and related recall insurance issues.
  • Represented a UK-based hedge fund in D&O claim arising from US regulatory proceedings.
  • Represented investment funds in hospitality industry in connection with property damage, business interruption and extra expense claims arising from Hurricane Maria.
  • Represented consumer products company in coverage claims arising out of talc liability suits.
  • Assisted investment bank in structuring insurance program for corporate headquarters, including OCIP and CCIP coverage.
  • Assisted broker/dealer in D&O claim arising out of MBS litigation.
  • Assisted numerous companies in insurance due diligence prior to acquisitions.
  • Counseled financial services company and obtained significant insurance coverage for ERISA claim arising out of 401k plans.
  • Counseled various IT companies on the sale of insurance on their platforms and attendant licensing and commission issues.
General Commercial Litigation
  • Obtained a temporary and preliminary injunction for an electronic retailer against a multinational manufacturer preventing the termination of a 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. Made numerous evidentiary rulings, directly questioned witnesses and decided various discovery disputes.
  • Represented claimants and respondents in security arbitrations involving allegations of unsuitability, churning, misrepresentation, unauthorized trading, failure to supervise, and expungement.
  • Tried arbitration claim in Miami for offshore hedge fund involving dispute over electronic trading of option contracts.
Mass Tort Defense
  • Represented Fortune 500 consumer products company in investigation and defense of potential environmental and product liability regulatory claims.
  • Defended a Fortune 500 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.
  • Defended a multinational corporation in personal injury claim against senior executive.
Other Experience
  • Extensive experience is organizing and overseeing large scale electronic records collection and related review and analysis.
  • Supervised the production of millions of pages of records and privilege logs 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).