Biography
John’s recent notable experience includes:
Securities Litigation
- In re Sanofi Securities Litigation; AG Funds, L.P., et al. v. Sanofi, et al. (S.D.N.Y./2d Cir.) – Representation of Sanofi and its wholly-owned subsidiary Genzyme Corporation and certain of their senior executives in federal securities class actions. Motions to dismiss granted; affirmed in first opinion by the Second Circuit to address the Supreme Court’s seminal Omnicare decision. John was recognized as “Litigator of the Week” by The American Lawyer for securing victory for Sanofi before the Second Circuit.
- In re Sanofi Securities Litigation (S.D.N.Y.) – Representation of Sanofi and its former CEO in an unrelated consolidated federal securities class action. Motion to dismiss granted.
- In re Gentiva Securities Litigation (E.D.N.Y.) – Representation of Gentiva Health Services in securities fraud class action arising out of Medicare reimbursement practices. Multiple motions to dismiss granted.
- Ford v. VOXX International Corp., et al. (E.D.N.Y.) – Representation of VOXX and its CEO and CFO in federal securities class action. Motion to dismiss granted.
- In re Exxon Mobil Corp. Securities Litigation (D.N.J.) – Motion to dismiss federal securities claims against ExxonMobil granted. Complaint dismissed without leave to replead. Affirmed by Third Circuit.
M&A Litigation
- Successful representation of Lender Processing Services (LPS) in Delaware Chancery Court trial of an appraisal action seeking $90 million in additional consideration in connection with Fidelity’s $4.2 billion acquisition of LPS. The court ruled that petitioner, an appraisal arbitrageur, was entitled to no additional consideration.
- Successful representation of JAB Holdings in shareholder class action litigation arising out of JAB’s $14 billion acquisition of Keurig Green Mountain, Inc. Motion to dismiss granted.
- Successful representation of ATMI, Inc. and its board of directors in shareholder litigation arising out of ATMI’s $1.15 billion acquisition by Entegris, Inc. Motion to strike all claims granted.
- Successful representation of Providence Equity in shareholder class action litigation arising out of Providence’s $1.64 billion acquisition of Blackboard. Motion to expedite denied. Motion to dismiss granted.
- Successful defense of Gentiva Health Services in shareholder class action litigation arising out of Gentiva’s $1 billion acquisition of Odyssey.
- Successful representation of Centerbridge in shareholder class action litigation arising out of Centerbridge’s $1.1 billion acquisition of P.F. Chang’s. Motion to expedite denied. Motion to dismiss granted.
- Successful representation of NYMEX Holdings and its board of directors in shareholder class action litigation arising out of NYMEX’s $9.5 billion sale to CME Group, Inc. Motion to dismiss granted.
John is regularly recognized among the country’s leading securities and business litigators. In 2017, he was selected by the National Law Journal as one of 25 “Litigation Trailblazers” nationwide, and named as a leading lawyer for Securities Litigation in New York by Chambers USA, which referred to him as an “expert securities litigator.” John also is currently recognized by Legal 500 as a top-ranked “Hall of Fame” lawyer nationwide for both Securities Litigation: Defense and M&A Litigation: Defense, where clients have described him as “brilliant, the best in the business; tough yet smart” and noted that he “sees the big picture and manages his team efficiently through the granular issues.” He also has been recognized as one of America’s leading securities litigators by Benchmark Litigation, Best Lawyers in America, and as a New York “Super Lawyer.” Since 2016, John has been recognized as a “Life Science Star” by LMG Life Sciences Guide.