John McCauley maintains a diverse commercial litigation and trial practice in state and federal courts throughout the United States. He has represented regional and national clients, as well as clients in Europe and Asia. John has significant first-chair trial experience and has also argued numerous appeals in state and federal courts, including cases before the Sixth, Seventh and Eleventh Circuit Courts of Appeals. He has represented and advised clients in connection with litigation and arbitration involving commercial disputes, professional malpractice, environmental contamination, constitutional challenges, white collar criminal defense, SEC enforcement actions, False Claims Act, FCPA, compliance with federal statutes and internal investigations.
As a Certified Information Privacy Professional (CIPP-US), he assists clients in identifying, evaluating and managing risks associated with privacy and information security practices. John advises clients on GLB, HIPAA, COPPA, CAN-SPAM, FCRA, VPPA, security breach notification laws, and other U.S. state and federal privacy and data security requirements. He provides extensive advice on cybersecurity risks, incidents and policy issues, including proactive cyber incident readiness. John also conducts all phases of online and offline privacy assessments and information security policy audits.
In addition, as a former naval aviator, aviation safety officer, and graduate of the Aviation Safety Officer course at the Naval Postgraduate School, John represents clients in numerous aviation-related matters, including major air disasters, contract negotiations and disputes, internal investigations, safety department reviews, products liability actions and in matters before the Federal Aviation Administration and the National Transportation Safety Board.
Representative Cases and Achievements
- Alonso v. Blue Sky Casino and Resorts (pending), representing defendant resort and casino in a purported nationwide class action filed by customers after a criminal hacking into customer data. Case was dismissed on a motion to dismiss on Rule 12(b)(1) and 12(b)(6) grounds. Appeal to the Seventh Circuit pending. Case No. 4:cv-00016 ( S.D. Indiana).
- SEC v. Veros Partners, represented clients accused of securities fraud in Private Placement offerings. Successfully negotiated settlement on behalf of client. 1:15-cv-00659 (S.D. Indiana).
- In re: Air Crash Disaster at Lexington, Kentucky, August 27, 2006 Represented families of victims of the Comair 5191 air crash disaster at Lexington, Kentucky. Elected to Executive Steering Committee for Plaintiffs prosecuting this mass tort action and Chair of the FAA Liability Sub-Committee. One of five lawyers selected as lead counsel for the Trial Team. Case No. 5:06-316 (E.D. Ky., Lexington Division).
- Allgood v. General Motors Corporation, S.D. Ind Case No. 1:02-cv-1077-DFH-TAB. Represented the world’s leading automotive manufacturer in connection with mass toxic tort case alleging widespread environmental contamination due to PCBs. The court granted client’s motion to exclude certain expert testimony and for summary judgment as to remediation claims, and granted summary judgment motion on medical monitoring damages property value claims. Reported at: 2006 U.S. Dist. LEXIS 70764.
- Mennen Trust v. Onkyo Corporation, (S.D. Fla. 2006), aff’d U.S. App. LEXIS 22123 (11th Cir. 2007) Successfully represented in a jury trial foreign speaker and audio manufacturer in connection with the sale of a business unit and subsequent suit by lender to transaction alleging fraud. Successfully argued the case on appeal before the Eleventh Circuit.
- Moss v. Ameritech Servs., 2005 U.S. Dist. LEXIS 7032 (S.D. Ind., Jan. 14, 2005) (summary judgment for employer was affirmed in African-American employee’s discrimination action where she failed to specifically identify any similarly situated employee who was white, male, significantly younger, not disabled, or who had not filed prior discrimination complaints and was not terminated during the reduction in force), 2006 U.S. App. LEXIS 713, December 14, 2005, Argued, January 11, 2006, Decided, Rehearing, en banc, denied by Moss v. Ameritech Servs., 2006 U.S. App. LEXIS 6378 (7th Cir. Ind., Mar. 14, 2006)
- Barnett, et al. v. Liberty Corporation and Fortis, S.D. Ind. Case No. IP98-0113C-Y/G (defended purported $200 million class action commercial fraud claim under funeral insurance plan; 2002 ruling decertifying class upheld by 7th Cir. under Fed. R. Civ. P. 23(e))
- AAMA v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert denied, 534 U.S. 994 (2001) (directing entry of injunction prohibiting enforcement of Indianapolis ordinance restricting display of "violent" video games as prior restraint of speech prohibited by First Amendment)
- Polinsky and Sutker v. Violi, 803 N.E.2d 684 (Ind. Ct. App. 2004) (addressing issue of first impression concerning mandatory arbitration for claims against controlling shareholders in privity with corporation that entered agreement to arbitrate)
- Lead trial counsel for a 10-week bench trial in Detroit seeking to recover $13 million for sale of a company and elimination of $12 million in promissory notes under a fraudulent conveyance theory in an adversary proceeding.
- Indiana Law Review, Associate Editor, 1996-1997
- Indiana State Bar Association
- Indianapolis Bar Association
- Seventh Circuit Bar Association
- American Bar Association
- International Association of Privacy Professionals
- Political-Military Advisor to Gen. Colin L. Powell, Chairman of the Joint Chiefs of Staff, 1992-1993
- Special Assistant to Chief of Naval Operations, 1993-1994
- Lieutenant, Naval Aviator, United States Navy, 1986-1994
Contributions & Published Works
- "35 Million Reason to Heed New SEC Guidance on Cybersecurity Disclosure Requirements," USLAW Magazine, Fall 2018
- "the ups and downs of investing in bitcoin, " The Indiana Lawyer, January 24, 2018
- "Are you prepared for a data breach litigation?" By John McCauley, The Indiana Lawyer, April 22, 2015
- "Taking extra precaution, firms plan to spend more on cybersecurity," The Indiana Lawyer, November 15, 2017
- Is Your Company Prepared to Handle a Data Security Incident? An Incident Response Plan Is An Essential Element For A Timely And Proper Response09.18.2018
- Why US Companies Should Be Aware Of the Long-Arm of the EU General Data Protection Regulation (GDPR)10.31.2017
College of the Holy Cross, B.A., 1986
Catholic University of America, M.A., 1992
United States Naval War College, 1993
Indiana University School of Law, J.D., magna cum laude, 1998
Bar & Court Admissions
- Indiana, 1998
U.S. Court of Appeals for the Sixth Circuit, 2008
U.S. District Court, Eastern District of Kentucky, 2008
U.S. Court of Appeals for the Eleventh Circuit, 2007
U.S. District Court, Eastern District of Michigan, 2005
U.S. Court of Appeals for the Seventh Circuit, 1999
U.S. District Court, Northern District of Indiana, 1998
U.S. District Court, Southern District of Indiana, 1998