Albany Law School of Union University, J.D., magna cum laude
Member, Justinian Society for Academic Excellence
Member, Moot Court Board
University at Albany, B.A., summa cum laude
U.S. District Court
Northern District of New York
Southern District of New York
Eastern District of New York
Western District of New York
U.S. Court of Appeals
PH: 518-462-3000 | FX: 518-462-4199 |
John is managing partner and leads the firm's Litigation practice group with a focus on health care and commercial litigation.
Health care matters include:
- Compliance investigations
- Government investigations
- Health and Human Services Office of Inspector General
- False Claims Act cases
- Justice Center for the Protection of People with Special Needs
- Title VII claim involving termination of physician practice privileges
- Breach of contract
- A class action wage-fixing antitrust case with substantial eDiscovery implications
- Licensure issues
- Counsel to Emergency Medical Service (EMS) providers and fire districts
- Physician misconduct--alleged inappropriate relations between doctor/patient
- Represented an institutional rehabilitation facility against a claim brought by a legal rights group for alleged violations of the ADA
Significant commercial and construction matters include:
- Business disputes
- LLC operating agreement disputes/freeze out merger litigation
- Product liability in defense of a matter involving medical laser treatments
- Professional/engineering liability defense
- Pedestrian bridge collapse
- Construction disputes/ product liability and design defects/chemical ignitions
- Highway and building design and maintenance
- Successful Summary Judgment motion and subsequent resolution in representation of an international engineering company (chemical) whose employee was badly burned in a chemical manufacturing process; also named as a co-defendant was a Fortune 500 company for its chemical manufacturing process
- Obtaining an out of court settlement for an international engineering firm in a matter challenging the safety of its highway design
- Pedestrian, bicycle and motor vehicle accidents
- Representation of an International Airplane Parts Broker
Temporary restraining orders/preliminary injunctions:
John filed an action against LLC members alleging theft of corporate opportunity and “freeze out.” Upon filing, a temporary restraining order was secured freezing the LLC’s finances and transactions, pending full review by the frozen out member and permitting a full on-site review of corporate financial records, including imaging of all corporate computers and files. After multiple motions and multi-jurisdictional filings involving choice of venue clauses, first filed actions, corporate “freeze out” actions, theft of assets/corporate opportunity, and breach of fiduciary duties, John secured a favorable mediated, multimillion-dollar, buyout settlement.
- John represented a southern New York emergency medical services (EMS) entity filing an action against another EMS company to protect and assert its right of first refusal regarding an operating certificate, which had been obtained in a prior asset purchase/sale. The certificate holder attempted on multiple occasions to extinguish the client’s right of first refusal, by bundling assets in a purported offer/sale transaction, or by purported sales in response to “insider” offers. John commenced an action in Rockland County, obtaining a temporary restraining order and later after full submissions and a hearing, a preliminary injunction, prohibiting the sale until final resolution on its merits could be obtained. Issues regarding the appropriate bond posting were also resolved in the matter. After the action, the purported sale was ultimately withdrawn with John’s client retaining its rights.
- John successfully defended a temporary restraining order and preliminary injunction action commenced by a municipal entity attempting to prevent his client from selling certain assets prior to a dissolution process.
- John has also litigated matters and obtained and defended temporary restraining orders and preliminary injunction actions involving non-compete agreements, the theft or transfer of confidential information and matters involving termination of employment.
John appears before state and federal trial courts, appellate courts, administrative agencies (disciplinary, licensing and audit matters) and participates in internal hearings and alternate dispute resolution processes throughout the state of New York.
John previously practiced with the New York City Law Department in several roles starting in the Juvenile Prosecution Unit:
- Office of Corporation Counsel, Prosecutor
- Assistant Deputy Borough Chief, Bronx County
- Designated Felony Unit Prosecutor, Queens County
- Deputy Borough Chief in Queens County
As a member of the Special Federal Litigation Division of the New York City Law Department, John defended civil rights actions brought against the New York City Police Department, Department of Corrections, and other New York City law enforcement agencies litigating exclusively in federal courts. John participated in representing the City of New York in an inquiry by the Department of Justice and New York State Attorney General’s office investigating practices related to NYPD’s stop and frisks.
He prosecuted and supervised narcotics; assault; robbery; burglary; gang; firearms/weapons; negligent homicide and sex crimes. He also served in various matters as litigation counsel for the New York City Department of Education and Department of Juvenile Justice.
John’s prior experience with the city as a prosecutor and as defense honed his interview skills making him effective in compliance/HR investigations.
- Moderator, panel discussion on navigating alumni networks, Albany Law School class of 2017 professional development day.
- Presenter, Albany Law School Alumni CLE, Conducting Witness Interviews and investigations, November 2016; Expert Witness Selection and Witness Interviewing, November 2015.
- Moderator, Crisis Communications: Managing Corporate Relations and Public Opinion, Business Law Institute Symposium, The Corporation in Crisis, May 2014, NYC.
- Albany Business Review, Executive Profile, June, 2014
- Albany Times Union, December 2014, Advocates of alternative Lyme treatment await Cuomo's signature
- Wall Street Journal Risk and Compliance Journal, May 16, 2014, When Crisis Strikes: A Step-By-Step Response Guide
- New York Times, November 8, 2007, State’s Oldest Inmate Is Granted His Freedom by Parole Board
- Queens Ledger, January 2, 2003, Teen drug mule convicted in JFK smuggling attempt
National Association of Criminal Defense Lawyers
American Health Lawyers Association
New York State Bar Association
Albany County Bar Association
Defense Research Institute (DRI)
Professional Liability Underwriters Society (PLUS)
New York State Academy of Trial Lawyers
Attended Primerus PLUS Conference addressing technology, cybersecurity, privacy and emerging risks in the professional liability industry. November 2016
Albany Law School National Alumni Association, board member
Albany Law School and Albany County Bar Association (high school competition), moot court judge
Albany Law School, volunteer mentor
Albany Police Athletic League, board member
Youth coach, soccer and hockey
USA Hockey Level III certified hockey coach