Melody McAnally

Melody

McAnally

Data Security and Privacy Team, Co-Team Leader

Overview

Melody focuses her practice on data privacy and security and commercial litigation. She advises clients on data security protection, data breach response and litigation, and privacy compliance.

Industry

Experience

  • Experience representing numerous businesses, retailers and financial institutions with data breach response including investigations, containment, notification, remediation, public relations/communications, insurance coverage, contractual obligations/indemnity and enhancement of data security measures.
  • Advise businesses with written information security programs/policies/procedures and data breach response plans.
  • Advise businesses with data privacy compliance programs and regulatory investigations. 
  • Advise corporate boards of directors of data breach liability and best practices for corporate governance of information security.
  • Advise businesses regarding cyber insurance policies, coverage, endorsements and exclusions.
  • Experience representing businesses in commercial disputes in state and federal trial courts and arbitration, including claims of breach of contract, financial services litigation, FDCPA, FCRA, mortgage fraud, interference with business relationships, misappropriation of trade secrets, unfair competition, and product liability.
  • Experience in real estate litigation including claims of cloud on title/adverse possession, trespass, nuisance, foreclosure, commercial lease disputes, and mineral rights abandonment.
  • Experience representing owners, lenders, contractors and subcontractor in construction litigation matters.
  • Experience drafting design and construction contracts.

Representative matters include:

  • Piper, LLC v. Unknow Successor(s)-In-Interest To Edna B. Holt A/K/A Edna B. Strickland Holt In Respect of Lego School Road Mineral Estate: Obtained judgement in favor of the plaintiff granting abandoned mineral interest title vested to surface owner. 
  • Saino v. LifeBlood: Obtained dismissal of $50 billion identity theft class action claim after removal pursuant to Class Action Fairness Act and defeat of remand efforts.
  • Cole v. Regions Bank: Obtained dismissal in wrongful foreclosure case, affirmed by the Sixth Circuit Court of Appeals.
  • Morrow v. Kroger: Obtained summary judgment on all claims of employer liability for sexual harassment and retaliation, affirmed by the Fifth Circuit Court of Appeals.
  • Wheat v. Bank of America, N.A., et al.: Obtained summary judgment in wrongful foreclosure case.
  • Burke v. Regions Bank, et al., 2013 U.S. Dist. LEXIS 5826 (W.D. Tenn. Jan. 15, 2013): Obtained summary judgment in wrongful foreclosure case.
  • Akers v. Specialized Loan Servicing, LLC, 2013 U.S. Dist. LEXIS 138441 (M.D. Tenn. Sept. 26, 2013): Obtained dismissal in wrongful foreclosure case.
  • Notredan, LLC v. Regions Bank, 875 F. Supp. 2d 780 (W.D. Tenn. 2012): Obtained judgment on the pleadings dismissing claims of common law negligence and conversion. The court held that the U.C.C. barred the plaintiff’s common law negligence claim, and the plaintiff failed to state a claim for conversion under the U.C.C.’s "delivery rule."
  • Byrd v. Morgan Stanley Mortgage Capital Holdings, LLC: Obtained dismissal for lack of standing in wrongful foreclosure case.
  • Emmons v. Capital One, N.A., 2012 WL 773288 (S.D. Miss. 2012): Obtained judgment on the pleadings for lenders and mortgage servicers in wrongful foreclosure case.
  • Patrick v. Wal-Mart, Inc. et al., 2011 U.S. Dist. Lexis 28950 (N.D. Miss. Mar. 21, 2011), aff'd, 2012 U.S. App. Lexis 9970 (5th Cir. May 17, 2012): Obtained dismissal for defendants in bad faith case.
  • Ashford v. Regions Bank, et al.: Obtained defense verdict in conversion case also involving claims of fraud and conspiracy.
  • Oliver v. Deutsche Bank Nat'l Trust Co., et al., 2010 U.S. Dist. Lexis 31622 (W.D. Tenn. Mar. 30, 2010): Obtained dismissal in wrongful foreclosure case.
  • McEwen v. Community Connect, Inc. (Shelby Co. (TN) Circuit Court 2008): Obtained dismissal for website for lack of personal jurisdiction alleging defamation and violation of Tennessee Personal Rights Protection Act.
  • CSX Transportation: Obtained summary judgment in federal class action alleging fraud, trespass and civil conspiracy.
  • Davis v. U-Haul Company of Mississippi: Obtained defense jury verdict in Fair Labor Standards Act case regarding overtime and retaliation claims.
  • Microtek Medical, Inc. v. 3M Co., 942 So. 2d 122 (Miss. 2006): Obtained summary judgment in breach of contract case, upheld on appeal.

Distinctions

  • American Bar Foundation, Fellow
  • Tennessee Bar Foundation, Fellow
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated, 2011-2022
  • Best Lawyers in America®
    • Commercial Litigation, 2020-2023
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2013-2018, 2022
    • Mid-South Rising Stars, 2009-2012
  • 2013 Top Rated Lawyer in Commercial Litigation, The American Lawyer and Corporate Counsel
  • Graduate, National Institute of Trial Advocacy (NITA) Trial Academy
  • Graduate, Leadership Academy, Class of 2011-2012
  • Curtis E. Coker Access to Justice Award, Mississippi Bar Association, 2008
  • Pro Bono Award, Jackson Young Lawyers, 2003-2004
  • Charles Clark American Inn of Court, 2005-2007

Bar Admissions

  • Mississippi, 2003
  • Tennessee, 2007
  • U.S. District Courts
    • Mississippi: Northern, Southern
    • Tennessee: Western, Middle, Eastern
  • U.S. Court of Appeals
    • 5th Circuit
    • 6th Circuit
  • U.S. Supreme Court

Education

  • Mississippi College, J.D., cum laude, 2003
    • Editor-in-Chief, Mississippi College Law Review
    • Moot Court Board
  • University of Mississippi, B.A., English, 1997

Associations

  • American Bar Association
    • Tort Trial and Insurance Practice Section
      • Cybersecurity and Data Privacy Committee
        • Vice Chair, 2019-2022
    • Business Law Section
      • Commercial Litigation Committee
    • Litigation Section
      • Privacy and Data Security Committee
      • Commercial and Business Litigation Committee
    • Science & Technology Law Section
      • Information Security Committee
    • Forum on Construction
  • Federal Bar Association
    • Memphis Mid-South Chapter
  • Tennessee Bar Association
    • Construction Law Section Executive Committee
    • Leadership Law Program, Class of 2017
  • Tennessee Association of Construction Counsel
  • Memphis Bar Association
  • Association of Women Attorneys
  • Mississippi Bar Association
    • Board of Directors, Young Lawyers Division, 2006-2007
  • Jackson Young Lawyers
    • Director, 2005-2007
  • Capital Area Bar Association
    • Co-Chair, People's Law School Committee, 2006-2007
    • Chair, Community Grant Committee, 2004-2006
  • Mississippi College School of Law Alumni Association
    • Board of Directors, 2012-2013
  • Junior League of Memphis
    • Attorney, 2013-2015
    • Fund Development, 2011-2013

Papers, Presentations & Publications

  • Presenter, “Mechanics’ Liens: Back to the Basics,” Tennessee Bar Association, December 2, 2022.
  • Presenter, “Data Privacy in 2022: A Legal Patchwork,” Memphis Bar Association, April 14, 2022.
  • Co-Author, "U.S. Privacy Law: Past, Present and Future," Pro Te: Solutio, Vol. 14, No. 3, September 2021.
  • Co-Presenter, "Lawyers' Ethical Obligations and Data Security," Tennessee Association of Construction Counsel, Annual Fall Meeting, November 6, 2020.
  • Author, “LAW ELEVATED – Working remotely during COVID-19: Data security risks,” Mississippi Business Journal, April 21, 2020.
  • Contributor, “Table of Experts: The business of cybersecurity,” Memphis Business Journal, April 17, 2020.
  • Panel Moderator, “Securing the Road to Autonomy: Full Speed Ahead,” Managing Risk at the Intersection of Cybersecurity, Data Privacy and Business, ABA Tort Trial & Insurance Practice Section (TIPS) Cybersecurity and Data Privacy Conference, March 5, 2020.
  • Author, “Why you need cyber insurance and what you should know,” Memphis Business Journal, Mississippi Business Journal, October 11, 2019.
  • Speaker, “Cybersecurity: Prepare Now or Pay Later”, Presentation to the American Society of Industrial Security, March 2018.
  • Speaker, “Cybersecurity Update”, CLE Presentation, December 2017.
  • Speaker, “Cybersecurity”, Presentation to the Tennessee Society of CPAs, October 2017.
  • Speaker, “Data Security Update and NAIC Insurance Model Security Law,” Presentation to Real Estate Services Providers Council Annual Conference, September 2017.
  • Author, "What You Need To Know About Tennessee's Data Breach Notification Law," The ALI Advisor, September 29, 2016.
  • Speaker, "Data Security Update: Trends and Issues,” CLE Presentation, August 2016.
  • Author, "Tennessee Legislature imposes new data breach notification requirements on employers," Tennessee Employment Law Letter, August 2016.
  • Speaker, "Data Security: The New World Order,” CLE Presentation, November 2015.
  • Speaker,"Navigating Corporate Internal Investigations," CLE Presentation, November 2014.
  • Speaker, "Data Security Breach," CLE Presentation, November 2013.
  • Speaker, "Put Your Red-Soled Shoes On: An Update in Trademark Law," CLE Presentation, November 2012.
  • Speaker, "Recent Updates in the Right of Publicity," CLE presentation, July 2010.
  • Author, "Keeping Your Company Out of the Courthouse: Tips to Help Avoid Employment Litigation," Capital Area Human Resource Association, Jackson, MS, 2007.
  • Speaker, "Top Wage and Hour Pitfalls and How to Avoid Them," Presentation, 2007.
  • Co-Author, "The Supreme Court Just Made Retaliation Cases Tougher," Mississippi Manufacturers Association Legal Briefs, Vol. 3, July 2006.

Melody

McAnally

Overview

Melody focuses her practice on data privacy and security and commercial litigation. She advises clients on data security protection, data breach response and litigation, and privacy compliance.

Industry

Experience

  • Experience representing numerous businesses, retailers and financial institutions with data breach response including investigations, containment, notification, remediation, public relations/communications, insurance coverage, contractual obligations/indemnity and enhancement of data security measures.
  • Advise businesses with written information security programs/policies/procedures and data breach response plans.
  • Advise businesses with data privacy compliance programs and regulatory investigations. 
  • Advise corporate boards of directors of data breach liability and best practices for corporate governance of information security.
  • Advise businesses regarding cyber insurance policies, coverage, endorsements and exclusions.
  • Experience representing businesses in commercial disputes in state and federal trial courts and arbitration, including claims of breach of contract, financial services litigation, FDCPA, FCRA, mortgage fraud, interference with business relationships, misappropriation of trade secrets, unfair competition, and product liability.
  • Experience in real estate litigation including claims of cloud on title/adverse possession, trespass, nuisance, foreclosure, commercial lease disputes, and mineral rights abandonment.
  • Experience representing owners, lenders, contractors and subcontractor in construction litigation matters.
  • Experience drafting design and construction contracts.

Representative matters include:

  • Piper, LLC v. Unknow Successor(s)-In-Interest To Edna B. Holt A/K/A Edna B. Strickland Holt In Respect of Lego School Road Mineral Estate: Obtained judgement in favor of the plaintiff granting abandoned mineral interest title vested to surface owner. 
  • Saino v. LifeBlood: Obtained dismissal of $50 billion identity theft class action claim after removal pursuant to Class Action Fairness Act and defeat of remand efforts.
  • Cole v. Regions Bank: Obtained dismissal in wrongful foreclosure case, affirmed by the Sixth Circuit Court of Appeals.
  • Morrow v. Kroger: Obtained summary judgment on all claims of employer liability for sexual harassment and retaliation, affirmed by the Fifth Circuit Court of Appeals.
  • Wheat v. Bank of America, N.A., et al.: Obtained summary judgment in wrongful foreclosure case.
  • Burke v. Regions Bank, et al., 2013 U.S. Dist. LEXIS 5826 (W.D. Tenn. Jan. 15, 2013): Obtained summary judgment in wrongful foreclosure case.
  • Akers v. Specialized Loan Servicing, LLC, 2013 U.S. Dist. LEXIS 138441 (M.D. Tenn. Sept. 26, 2013): Obtained dismissal in wrongful foreclosure case.
  • Notredan, LLC v. Regions Bank, 875 F. Supp. 2d 780 (W.D. Tenn. 2012): Obtained judgment on the pleadings dismissing claims of common law negligence and conversion. The court held that the U.C.C. barred the plaintiff’s common law negligence claim, and the plaintiff failed to state a claim for conversion under the U.C.C.’s "delivery rule."
  • Byrd v. Morgan Stanley Mortgage Capital Holdings, LLC: Obtained dismissal for lack of standing in wrongful foreclosure case.
  • Emmons v. Capital One, N.A., 2012 WL 773288 (S.D. Miss. 2012): Obtained judgment on the pleadings for lenders and mortgage servicers in wrongful foreclosure case.
  • Patrick v. Wal-Mart, Inc. et al., 2011 U.S. Dist. Lexis 28950 (N.D. Miss. Mar. 21, 2011), aff'd, 2012 U.S. App. Lexis 9970 (5th Cir. May 17, 2012): Obtained dismissal for defendants in bad faith case.
  • Ashford v. Regions Bank, et al.: Obtained defense verdict in conversion case also involving claims of fraud and conspiracy.
  • Oliver v. Deutsche Bank Nat'l Trust Co., et al., 2010 U.S. Dist. Lexis 31622 (W.D. Tenn. Mar. 30, 2010): Obtained dismissal in wrongful foreclosure case.
  • McEwen v. Community Connect, Inc. (Shelby Co. (TN) Circuit Court 2008): Obtained dismissal for website for lack of personal jurisdiction alleging defamation and violation of Tennessee Personal Rights Protection Act.
  • CSX Transportation: Obtained summary judgment in federal class action alleging fraud, trespass and civil conspiracy.
  • Davis v. U-Haul Company of Mississippi: Obtained defense jury verdict in Fair Labor Standards Act case regarding overtime and retaliation claims.
  • Microtek Medical, Inc. v. 3M Co., 942 So. 2d 122 (Miss. 2006): Obtained summary judgment in breach of contract case, upheld on appeal.

Distinctions

  • American Bar Foundation, Fellow
  • Tennessee Bar Foundation, Fellow
  • Martindale-Hubbell®
    • AV®– Preeminent™ Peer Review Rated, 2011-2022
  • Best Lawyers in America®
    • Commercial Litigation, 2020-2023
  • Super Lawyers®
    • Mid-South Super Lawyers, Business Litigation, 2013-2018, 2022
    • Mid-South Rising Stars, 2009-2012
  • 2013 Top Rated Lawyer in Commercial Litigation, The American Lawyer and Corporate Counsel
  • Graduate, National Institute of Trial Advocacy (NITA) Trial Academy
  • Graduate, Leadership Academy, Class of 2011-2012
  • Curtis E. Coker Access to Justice Award, Mississippi Bar Association, 2008
  • Pro Bono Award, Jackson Young Lawyers, 2003-2004
  • Charles Clark American Inn of Court, 2005-2007

Bar Admissions

  • Mississippi, 2003
  • Tennessee, 2007
  • U.S. District Courts
    • Mississippi: Northern, Southern
    • Tennessee: Western, Middle, Eastern
  • U.S. Court of Appeals
    • 5th Circuit
    • 6th Circuit
  • U.S. Supreme Court

Education

  • Mississippi College, J.D., cum laude, 2003
    • Editor-in-Chief, Mississippi College Law Review
    • Moot Court Board
  • University of Mississippi, B.A., English, 1997

Associations

  • American Bar Association
    • Tort Trial and Insurance Practice Section
      • Cybersecurity and Data Privacy Committee
        • Vice Chair, 2019-2022
    • Business Law Section
      • Commercial Litigation Committee
    • Litigation Section
      • Privacy and Data Security Committee
      • Commercial and Business Litigation Committee
    • Science & Technology Law Section
      • Information Security Committee
    • Forum on Construction
  • Federal Bar Association
    • Memphis Mid-South Chapter
  • Tennessee Bar Association
    • Construction Law Section Executive Committee
    • Leadership Law Program, Class of 2017
  • Tennessee Association of Construction Counsel
  • Memphis Bar Association
  • Association of Women Attorneys
  • Mississippi Bar Association
    • Board of Directors, Young Lawyers Division, 2006-2007
  • Jackson Young Lawyers
    • Director, 2005-2007
  • Capital Area Bar Association
    • Co-Chair, People's Law School Committee, 2006-2007
    • Chair, Community Grant Committee, 2004-2006
  • Mississippi College School of Law Alumni Association
    • Board of Directors, 2012-2013
  • Junior League of Memphis
    • Attorney, 2013-2015
    • Fund Development, 2011-2013

Papers, Presentations & Publications

  • Presenter, “Mechanics’ Liens: Back to the Basics,” Tennessee Bar Association, December 2, 2022.
  • Presenter, “Data Privacy in 2022: A Legal Patchwork,” Memphis Bar Association, April 14, 2022.
  • Co-Author, "U.S. Privacy Law: Past, Present and Future," Pro Te: Solutio, Vol. 14, No. 3, September 2021.
  • Co-Presenter, "Lawyers' Ethical Obligations and Data Security," Tennessee Association of Construction Counsel, Annual Fall Meeting, November 6, 2020.
  • Author, “LAW ELEVATED – Working remotely during COVID-19: Data security risks,” Mississippi Business Journal, April 21, 2020.
  • Contributor, “Table of Experts: The business of cybersecurity,” Memphis Business Journal, April 17, 2020.
  • Panel Moderator, “Securing the Road to Autonomy: Full Speed Ahead,” Managing Risk at the Intersection of Cybersecurity, Data Privacy and Business, ABA Tort Trial & Insurance Practice Section (TIPS) Cybersecurity and Data Privacy Conference, March 5, 2020.
  • Author, “Why you need cyber insurance and what you should know,” Memphis Business Journal, Mississippi Business Journal, October 11, 2019.
  • Speaker, “Cybersecurity: Prepare Now or Pay Later”, Presentation to the American Society of Industrial Security, March 2018.
  • Speaker, “Cybersecurity Update”, CLE Presentation, December 2017.
  • Speaker, “Cybersecurity”, Presentation to the Tennessee Society of CPAs, October 2017.
  • Speaker, “Data Security Update and NAIC Insurance Model Security Law,” Presentation to Real Estate Services Providers Council Annual Conference, September 2017.
  • Author, "What You Need To Know About Tennessee's Data Breach Notification Law," The ALI Advisor, September 29, 2016.
  • Speaker, "Data Security Update: Trends and Issues,” CLE Presentation, August 2016.
  • Author, "Tennessee Legislature imposes new data breach notification requirements on employers," Tennessee Employment Law Letter, August 2016.
  • Speaker, "Data Security: The New World Order,” CLE Presentation, November 2015.
  • Speaker,"Navigating Corporate Internal Investigations," CLE Presentation, November 2014.
  • Speaker, "Data Security Breach," CLE Presentation, November 2013.
  • Speaker, "Put Your Red-Soled Shoes On: An Update in Trademark Law," CLE Presentation, November 2012.
  • Speaker, "Recent Updates in the Right of Publicity," CLE presentation, July 2010.
  • Author, "Keeping Your Company Out of the Courthouse: Tips to Help Avoid Employment Litigation," Capital Area Human Resource Association, Jackson, MS, 2007.
  • Speaker, "Top Wage and Hour Pitfalls and How to Avoid Them," Presentation, 2007.
  • Co-Author, "The Supreme Court Just Made Retaliation Cases Tougher," Mississippi Manufacturers Association Legal Briefs, Vol. 3, July 2006.