John C. Cleary
Of Counsel
John is an experienced litigator who helps financial institutions, healthcare providers, and other companies navigate technology and cybersecurity litigation, including class actions arising from data incidents. He pairs courtroom skill with practical case management to align legal strategy with business goals. He is also a frequent panelist and author on privacy and cybersecurity litigation, with articles in the New York Law Journal and National Law Review.
Before joining NERKO, John led the Privacy Litigation Group at an Am Law 100 firm. Earlier, as an Assistant U.S. Attorney in Washington, D.C., he represented federal agencies and officials in a range of civil litigation matters. He has tried and argued cases in federal and state courts nationwide and has litigated a wide range of complex commercial disputes.
Education
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J.D., Harvard Law School
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B.S., with distinction, Cornell University
Admissions
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New York
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U.S. District Courts for the Southern, Eastern, and Northern Districts of New York
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U.S. Court of Appeals for the Second Circuit
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U.S. Patent and Trademark Office
Publications
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Pixels, Privacy, and Precedent: The Shifting Legal Landscape of Web Tracking Class Actions, New York Law Journal (May 2025)
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Rule of Lenity as a Shield Against Statutory Damages: Massachusetts Supreme Judicial Court Takes a Fresh Look at 1970s-Era Wiretap Statutes, National Law Review (Feb. 2025)
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HHS HIPAA Web-Tracking Guidance Takes a Step Back, While Providers Grapple with Latest Challenges, National Law Review (July 2024)
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The VPPA (Video Privacy Protection Act) Class Action – Is this Tide Still Coming in? Or Going Out?, National Law Review (Jan. 2024)
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Litigation Trends for 2023: Surge in Web Tracking Class Actions, National Law Review (Jan. 2023)
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