John P. Hutchins is a veteran trial and technology lawyer with broad experience encompassing complex commercial litigation and trial work, privacy and data security matters, and compliance and strategic counseling on technology matters and transactions.
While his quarter-century of litigation experience runs the gamut in subject matter — from software and eminent domain, to vintage race cars and death penalty habeas corpus — he has particular experience in matters involving privacy and data security, technology, intellectual property, government procurement, restrictive covenants and breach of fiduciary duty. He has tried numerous cases to jury verdict in state and federal courts, as well as bench trials, arbitrations, administrative and other evidentiary proceedings.
John’s privacy and data security practice, in addition to litigation, also includes advising clients on compliance with state, federal, and international privacy and data security laws and guidance. He founded the privacy and data security practices at two previous law firms, dating back to 2005.
Meanwhile, his transactional practice consists of a mix of complex technology transactions, including sourcing deals, hosted services arrangements, cloud computing, technology licensing, systems procurement and project implementation.
John is a frequent speaker and is published widely on privacy, data security and technology law topics. He has been quoted by news outlets such as National Public Radio, the Atlanta Journal-Constitution, Forbes, ComputerWorld and Law360.
Experience :
- Intellectual Property Litigation
- Lead trial counsel in successfully defending patent licensee against breach of license and patent infringement claims brought by publicly-traded licensor of healthcare field operations tracking technology.
- Lead counsel for major food products manufacturer in obtaining injunctive relief against former distributor for misappropriation of trade secrets and breach of non-competition agreement.
- Lead counsel for digital video signal processing equipment manufacturer in obtaining injunctive relief against former employee in action alleging misappropriation of trade secrets and breach of restrictive covenants.
- Technology Litigation
- Lead counsel representing plaintiff in dispute over propriety of internet application and other goods and services provided by educational systems and customized assessment vendor to State of Georgia. Obtained $2.1 million settlement on behalf of client.
- Led trial team on behalf of industry-leading software vendor in arbitration over alleged system failure, including claims and counterclaims for breach of contract, breach of warranty, fraud and negligent misrepresentation. Obtained $1.2 million award on behalf of client.
- Lead trial counsel representing healthcare information consulting division of Fortune 100 client as defendant in action alleging fraud and breach of contract. Plaintiff settled for nuisance value during trial.
- Lead counsel in obtaining injunctive relief on behalf of technology investment partnership to halt the sale of audio-capture technology firm to company insiders.
- Commercial Litigation
- Lead trial counsel for one of the nation’s largest publicly-traded REIT’s in fraud action against former employee and general contractor arising out of bribery and kickback scheme. Obtained a $2.7 million verdict in client’s favor.
- Lead counsel in action overturning award of $145 million state contract for non-emergency transportation services.
- Privacy and Data Compliance
- Advised and directed brand name New York fashion retailer in data security assessment and creating Information Security Program.
- Advised various clients regarding privacy and data security issues in connection with websites and related development of privacy policies and website terms of use.
- Advised a leading provider of retirement, insurance and investment administration software on business associate agreements with a wide array of covered entities.
Memberships :
- American Bar Association
- State Bar of Georgia: Technology Law Section, Past Chair
- Atlanta Bar Association: Litigation Section
- South Carolina Bar Association
- International Association of Privacy Professionals
Community :
- TechBridge, Vice-Chair (2016 to present)
- TechBridge Village, Advisory Council (2018 to present)
- The Intersect Project, Woodson Park Academy: Mentor (2016 to present)
- Atlanta Community Food Bank: VIP Volunteer (2015 to present)
Education :
- J.D., University of South Carolina School of Law, 1992; South Carolina Law Review, Member
- B.A., University of South Carolina, 1988, magna cum laude
Admissions :
- U.S. District Court, Northern District of Georgia
- U.S. District Court, District of South Carolina
- U.S. District Court, Middle District of Georgia
- U.S. Court of Appeals, Eleventh Circuit
- South Carolina
Cost
Rate : $$$
