Jon Macklem is an experienced corporate attorney who represents and advises clients on a broad range of legal matters – representing businesses and professionals in litigation in Alabama and across the Southeast. He regularly defends clients in complex contractual and business tort proceedings involving Director/Officer liability issues, shareholder disagreements and franchise disputes. Jon has successfully tried a number of lawsuits to favorable judgment, from jury trials involving intricate business dealings to multifaceted employment allegations – while also playing a vital role in a number of arbitrations involving construction and commercial matters.
A member of the firm’s Labor & Employment Practice Group, Jon defends clients in a variety of employment matters, including claims made under federal law such as Title VII, ADA, FLSA and FMLA, and represents companies against retaliatory discharge claims.
While Jon enjoys going to court, he devotes much of his attention to helping clients avoid costly litigation through proactive risk management. He works with businesses and individuals to identify risks within their respective industries and helps develop and implement strategies to minimize those risks. Jon serves as outside general counsel for some of Christian & Small’s clients, advising them on all aspects of their business operations including contract review and negotiation, corporate document drafting, and labor and employment policies and procedures.
Jon is currently defending a number of corporations in cyber liability and data breach lawsuits, and his knowledge and advice is often sought by businesses to guide them through complicated non-compete and trade secret agreements. He is also a member of the firm’s Technology and Emerging Business Practice Group, where he frequently works with entrepreneurs and start-up businesses.
Jon is married to the former Elizabeth Baker, and they have two sons and a daughter. When his litigation schedule permits, Jon enjoys traveling with his family.
- Achieved summary judgment, dismissal of securities fraud claims against client asserted by investors in a restaurant business venture.
- Representing four hospitals in a class action alleging a data breach of patient information.
- Defending a hospital in a class action involving allegations of a data breach of patient files.
- Achieved a defense verdict following a week-long jury trial for an international tractor manufacturer arising from a dealership/franchisor dispute. The case involved a matter of first impression concerning an Alabama franchise statute.
- Achieved a ruling in a construction client’s favor after a week-long arbitration.
- Received a summary judgment in favor of a finance company as to all contractual and fraud-based claims.
- Received a summary judgment in favor of a medical facility against claims of retaliatory discharge under Alabama’s worker’s compensation statute.
- Successfully represented an information technology company in a bid-dispute lawsuit involving a multi-million dollar contract.
- Represented an internet-based retail company with the corporate formation process and assisted the company with its efforts in raising capital.
- G&G v. Ala. Controls, et al., 2009 WL 1101390 (11th Cir. 2009).
- Madasu v. The Berry Company, et al., 2006 WL 2329342 (Ala. Civ. App. 2006).
Professional and Community Involvement
- American Bar Association (ABA): Member
- Alabama State Bar: Program Committee, 2015 Leadership Forum Team; Member, 2013 Leadership Forum; Member, Public Service Committee and Young Lawyers Section
- Leadership Council on Legal Diversity: Alumni, 2013 Fellow
- Birmingham Bar Association: Member, Young Lawyers Section; Member, Executive Committee (2012); Public Service Committee (Service Juris)
- Alabama Chapter of March of Dimes: Member, Board of Directors
- Rotaract Club of Birmingham
- Alabama-Mississippi Chapter of the National Multiple Sclerosis Society: Birmingham MS Leadership Class of 2010
- Canterbury United Methodist Church: Member; Church Leadership Council; Adult Sunday School Teacher
awards and recognition
- Selected for inclusion by Best Lawyers in America® in 2016-2018 in the field of Labor & Employment Litigation
- Selected for inclusion by Alabama Super Lawyers® in 2014-2015 as a Rising Star in the field of business litigation; by Mid-South Region Super Lawyers in 2016-2017 as a Rising Star in the field of business litigation
- Selected for inclusion in Benchmark Litigation’s 2017 “Under 40 Hotlist” for Alabama
- Listed by B-Metro magazine among its 2015-2017 “Top Attorneys”
Presentations and Publications
- Author, Is it Time to Replace Arbitration Clauses With Provisions Requiring Parties to Resolve Disputes Via a Private Judge?, Christian & Small Nonstop Insights Blog (August 2015)
- Co-Author with Richard E. Smith and J. Paul Zimmerman, Small, Medium-Sized Businesses Not Immune From Cyber Attacks and Data Breaches, Primerus Paradigm (Spring 2015)
- Co-Author with J. Paul Zimmerman, Target Corporation: Has the Pendulum Swung in Data Breach Consumer Cases?, Christian & Small Nonstop Insights Blog (January 2015)
- Author, The Implications of Alabama’s New Limited Liability Act (LLC), Christian & Small Nonstop Insights Blog (October 2014)
- Presenter, Financial Alphabet Soup: Attorney’s Guide to Financials, Business Valuations, and Accounting Experts, National Business Institute Continuing Legal Education (August 2013)
- Presenter, Legal and Ethical Considerations When Dealing with Ex-Employees in Litigation, Birmingham Bar Association Continuing Legal Education (Fall 2013)
- Presenter, What’s Yours Is Yours and What’s Yours Is Mine – A Look at Non-Compete Clauses and the Alabama Trade Secrets Act, Birmingham Bar Association Continuing Legal Education (December 2011).