John Jablonski is a partner of the firm and a recognized authority in the areas of technology, transportation, and environmental law. He is currently the firm’s Information Security and Privacy Officer, the partner in charge of the firm’s IT systems, and co-chair of the Cyber Risk and Social Media practice group. John also co-chairs the firm’s Transportation Practice Group and chairs the firm’s Environmental Practice Group. While John’s primary focus is counseling clients on data security, data privacy, and information management issues, he has significant experience in matters involving transportation, environmental, and product liability. He has 20 years of litigation experience and has tried numerous cases to verdict in state and federal courts, including successfully briefing and arguing appeals.

Technology

John is a recognized authority in the protection and preservation of data. His comprehensive understanding of technology, data systems, and how businesses use technology helps drive innovative solutions for our clients’ data security, privacy, protection, management, preservation, and cyber liability problems. John has a rare ability to translate complex technical and legal issues for our clients, effectively manage projects, and facilitate effective communication among multi-disciplinary stake-holders and team members to achieve results.

John is the Program Chair of DRI’s first Data Breach and Privacy Law Seminar (“Cyber Security Strategies in a Digital Age”), including presenting on “Developing a Data Security Plan.” He is the editor of the firm’s 50-State Compendium on Cyber Breach Notification Laws. In addition to handling data breach response and investigations, he is a frequent speaker on data security and data breach response issues. John is a member of the editorial advisory board of Law Technology News and a member of the International Association of Privacy Professionals.  In addition, John advises a wide array of technology companies regarding data security agreements, intellectual property protections, software licenses, website use, privacy policy, click-wrap, co-location, data transfer and data storage agreements. John has also prosecuted and defended business-to-business litigation involving website use, software licenses, data transfer and data storage issues.

John is a well-known national authority on e-discovery and litigation hold practices in the United States. He serves as e-discovery counsel to clients as well as trial teams within the firm. John has managed large e-discovery projects and forensic investigations, involving multiple vendors and, at times, nearly 100 contract reviewers.

John also helps clients develop comprehensive Records and Information Management policies and procedures including records retention schedules, litigation hold policies, data privacy, data security, and defensible destruction of data. He is litigation hold counsel for clients of the firm and regularly offers opinions on the scope and defensibility of litigation holds and the defensible destruction of data. John actively participates in ARMA, including contributing to the Information Management Journal, speaking at ARMA events, serving as past President of his local ARMA chapter, and co-authoring the book Seven Steps for Legal Holds of ESI and Other Documents.

Transportation

John is consistently recognized by his peers as an authority in the highly specialized field of railroad law. John is the former Northeast Region Vice President of the National Association of Railroad Trial Counsel (NARTC), a member of its Environmental Law Committee, and Chairman of the NARTC’s National E-Discovery Committee and former member of the Technology Committee of the American Short Line & Regional Railroad Association. John represents both short line and Class I railroads in all manner of cases, including property rights, preemption issues, breach of contract, trespasser liability, toxic exposure, environmental, and railroad employee claims.

Environmental Law

John started his legal career defending companies against CERCLA and state superfund cost recovery actions, including responding to investigations and lawsuits conducted by the Environmental Protection Agency and New York State Department of Environmental Conservation. Over the years, John has defended enforcement proceedings and lawsuits related to hazardous waste sites, hazardous waste discharge, contaminated homes and businesses, toxic exposure, asbestos and silica exposure, industrial exposure, chemical spills, hazardous waste spills, and oil spills (including government oil spill fund recovery actions).

Professional Affiliations
  • Defense Research Institute: Program Chair, Data Breach and Cyber Liability Seminar; Chair, E-Discovery Committee
  • International Association of Privacy Professionals: Member
  • ARMA International: Past President, Western New York Chapter
  • Project Management Insitute: Member
  • Lawyers for Civil Justice: Member
  • Law Technology News: Advisory Board Member
  • New York State Bar Association: Committee on Civil Practice Law and Rules; Commercial and Federal Litigation Section; Torts, Insurance, and Compensation Law Section
  • National Association of Railroad Trial Counsel, North East Region Vice President 2012; Member, Environmental Law Committee
Honors
  • Best Lawyers in America 2013–2015 (Railroad Law)
  • Business First’s Who’s Who in Law 
  • Upstate New York Super Lawyers (Business Litigation)
  • Alfred W. Cortese, Jr. Award from Lawyers for Civil Justice
Admitted to Practice
  • New York
  • U.S. District Courts for the Western, Eastern, and Northern Districts of New York
  • U.S. Bankruptcy Court for the Western District of New York
  • U.S. Court of Appeals for the Second Circuit
Community Involvement
  • University at Buffalo Law Alumni Board of Directors
Education
  • State University of New York at Buffalo Law School, J.D., 1993 (Environmental Law Journal)
  • Canisius College, ROTC Commission U.S. Army Reserve, 1989
  • State University of New York College at Buffalo, B.S., 1989
Publications/Presentations
  • Co-Presenter, “eDiscovery for the Transportation Industry,” USLAW Webinar, August 21, 2014
  • Presenter, “MPE+ and Corporate Collections and Investigations,” ADUC 2014, Access Data Users’ Conference, Las Vegas, NV, May 16, 2014
  • Presenter, “Technology Is Not Only Word™, Excel™ and PowerPoint™,” Aderant Users’ Conference, Miami, FL, May 13, 2014
  • Moderator, “Methods of Crude Oil Transport: Relative Risks and Benefits,” Environmental Law Institute Research Seminar, Washington, D.C., May 7, 2014
  • Featured in “Conversations With … The Honorable Dick Thornburgh, Rebecca Love Kourlis, and John J. Jablonski” on proposed FRCP amendments, Washington Legal Foundation, Winter 2014
  • Presenter, “A Step-by-Step Approach to Developing Legal Holds,” ARMA, October 27, 2013
  • Presenter, “Sustainable Ethics — Compliance and Reporting in Environmental Matters,” WESFACCA Annual Ethics CLE, New Castle, NY, October 24, 2013
  • Quoted in “Repercussions of a Data Breach Can Be Disastrous,” Buffalo Law Journal, July 15, 2013
  • Co-Editor, Arkfield’s Best Practices Guide for Legal Hold, 2012-2013 Edition, Law Partner Publishing and LexisNexis
  • Co-Author, “Avoiding or Reducing Environmental Enforcement Headaches,” USLAW Magazine, Spring/Summer 2013
  • Quoted in “The Big Data Opportunity and Challenge for Law Firms,” Biztech, April 23, 2013
  • Presenter, “Internet and E-Mail: Admissibility Issues of Electronic Evidence at Trial Explored,” Knowledge Congress Legal Series Webinar, March 19, 2013
  • Co-Author, “Let the (Hoster and Poster) Beware,”DRI Today, November 30, 2012
  • Quoted in “Cheat Sheet: What Chin v. Port Authority Means for In-House Counsel,”InsideCounsel, October 9, 2012
  • Quoted in “Defending Big Data,”Law Technology News, October 2012
  • Cited in “A Roadmap to Litigation Readiness: RIM Staff Help Navigate the Way,”Information Management, September/October 2012
  • Presenter, "Litigation Holds: How to Properly Respond to and Issue a Notice to Preserve," National Constitution Center Webinar, September 5, 2012
  • Co-Presenter, "Legal Holds - Trends and Directions,"  USLAW Webinar, August 2012
  • Contributor, Shale Watch Blog - A Review of the Legal Developments Arising Out of Hydraulic Fracturing: http://shalewatchblog.com
  • Author, “Second Circuit Rejects Key Litigation Hold Standard,”Law Technology News, July 16, 2012
  • Quoted in “Remote, Coast to Coast,”Law Technology News, June 2012
  • Co-Author, “Controlling E-Discovery: Drafting an Effective Records-Management Policy,” DRI’s For the Defense, February 2012
  • Author, “Raising the Bar on Proportionality?” in Preservation and Proportionality: Perspectives on Lowering the Burden of Preserving Data in Civil Litigation, Legal Hold Pro Signature Series White Papers, November 2011
  • Author, “Why Law Firms Should Lock Down Their Mobile Devices,” Law Technology News, October 2011
  • Author, “Lessons from the Frontlines,” E-Discovery Team, February 15, 2011
  • Co-Presenter, "Are Written Litigation Holds Required to Avoid Sanctions in Federal Court?" DRI Electronic Discovery Committee Webcast, April 2010
  • Author, "If You Hold On for One More Daaaay," Corporate Counsel Magazine, February 2010
  • Quoted in, "Sidekick outage lawsuits now up in air," Seatle Post-Intelligencer, October 16, 2009
  • Presenter, "Avoiding ESI Pitfalls: Legal Holds, Information Management and Other Trends," Philadelphia Area Society for Healthcare Risk Management (PASHRM), September, 2009