Morrow v. Kroger: Obtained summary judgment on all claims of employer liability for sexual harassment and retaliation, affirmed by the Fifth Circuit C

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1 MELODY MCANALLY Memphis Office (901) Melody focuses her practice on data privacy and security and commercial litigation. She is Co-Team Leader of Butler Snow s Data Security and Privacy Team, and she advises clients on data security protection, data breach response, and cyber-risk management. PRACTICE AREAS AND INDUSTRY TEAMS Commercial Litigation Financial Services Litigation Product Liability Litigation Data Security and Privacy 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 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. Representative matters include: 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.

2 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 (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 (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 (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 (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.

3 BAR ADMISSIONS Mississippi, 2003 Tennessee, 2007 U.S. District Courts Tennessee: Western, Middle, Eastern Mississippi: Northern, Southern U.S. Court of Appeals 5 th Circuit 6 th Circuit U.S. Supreme Court DISTINCTIONS Martindale-Hubbell AV - Preeminent Peer Review Rated, Super Lawyers Mid-South Super Lawyers, Business Litigation, Mid-South Rising Stars, 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 Curtis E. Coker Access to Justice Award, Mississippi Bar Association, 2008 Pro Bono Award, Jackson Young Lawyers, Charles Clark American Inn of Court, Fellow, American Bar Foundation, 2015 ASSOCIATIONS American Bar Association 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 Federal Bar Association Memphis Mid-South Chapter Tennessee Bar Association Leadership Law Program, Class of 2017 Memphis Bar Association Association of Women Attorneys

4 Mississippi Bar Association Board of Directors, Young Lawyers Division, Jackson Young Lawyers Director, Capital Area Bar Association Co-Chair, People s Law School Committee, Chair, Community Grant Committee, Mississippi College School of Law Alumni Association Board of Directors, Junior League of Memphis Attorney, Fund Development, EDUCATION & HONORS Mississippi College, J.D., cum laude, 2003 Editor-in-Chief, Mississippi College Law Review Moot Court Board University of Mississippi, B.A., English, 1997 PAPERS, PRESENTATIONS AND PUBLICATIONS Author, What You Need To Know About Tennessee's Data Breach Notification Law, The ALI Advisor, September 29, 2016 Author, 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 Author, Data Security: The New World Order, CLE Presentation, November 2015 Author, Navigating Corporate Internal Investigations, CLE Presentation, November 2014 Author, Data Security Breach," CLE Presentation, November 2013 Author, Put Your Red-Soled Shoes On: An Update in Trademark Law," CLE Presentation, November 2012 Author, "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 Author, "Top Wage and Hour Pitfalls and How to Avoid Them," Presentation, 2007

5 Co-Author, "The Supreme Court Just Made Retaliation Cases Tougher," Mississippi Manufacturers Association Legal Briefs, Vol. 3, July 2006