John’s practice focuses on commercial litigation and arbitration.

John represents clients in a wide array of complex business disputes. John’s clients include businesses in the financial services, private equity, family office, real estate, construction, franchise and hospitality industries. He represents plaintiffs and defendants throughout the country in federal and state court lawsuits and in arbitrations before the American Arbitration Association, the International Centre for Dispute Resolution [ICDR], JAMS, and the Financial Industry Regulatory Authority [FINRA]. Before entering private practice, and after attending college on a military scholarship, John served as a captain in the U.S. Army Judge Advocate General’s Corps.

Relevant Experience

Corporate, Securities and Mergers and Acquisitions Disputes

• Representation of clients in a number of post-M&A disputes concerning alleged breaches of representations and warranties, fraud, and tax, accounting, escrow and earn-out disputes.
• Defense of the sellers of an optical company in Texas and Delaware state court litigation relating to alleged fraud and breach of financial representations and warranties in the stock purchase agreement and damages of $28 million.
• Prosecution of claims by the purchaser of an electrical services company in Delaware state court against the seller for fraud.
• Prosecution of claims by the holder of $15 million in trust preferred securities in federal court litigation against the issuer of the securities for nonpayment and breach of the trust documents.
• Representation of the purchaser of a natural foods company in a state court lawsuit against the sellers for the breach of various representations and warranties in the equity purchase agreement.
• Prosecution of claims by several families in a state court lawsuit asserting Texas Securities Act violations and damages in excess of $22 million arising out of the purchase of securities in two foreign private limited companies.
• Defense of a major construction materials manufacturer in an international arbitration brought in New York by a former affiliate for $180 million allegedly owed under a de-merger tax sharing agreement.
• Prosecution of claims by a family in a state court lawsuit asserting Texas Securities Act violations and damages in excess of $25 million arising out of the purchase of interests in a luxury resort development in the Bahamas.
• Defense of a data storage company in an Austin, Texas arbitration brought by the seller of a company for the alleged breach of an earn-out provision in the purchase agreement and damages in excess of $10 million.
• Prosecution of claims by the sellers of an IT consulting company in an arbitration against the purchaser for breach of an earn-out provision in the parties’ purchase agreement.
• Defense of directors of a REIT and general partners of 18 limited partnership funds in a state court class action brought by investors challenging a proposed merger.
• Defense of outside directors of a major oil services company in shareholder class actions and derivative actions alleging securities fraud and breach of fiduciary duties.

Financial Services Disputes

• Representation of lenders in litigation with borrowers, guarantors and other creditors.
• Defense of securities clearing and retail brokerage firms in a FINRA arbitration brought by a decedent’s estate for trading losses incurred by the former customer’s power of attorney after the customer’s death.
• Defense of securities clearing firm in a FINRA arbitration brought by a former broker associated with a correspondent firm for alleged misrepresentations concerning clearing fees.
• Defense of community banks in consumer class actions brought against them in various states.
• Representation of broker-dealers and associated persons in FINRA investigations.
• Defense of a national securities firm in a FINRA arbitration brought in Atlanta, Georgia by a regional firm alleging employee raiding, theft of trade secrets, fraud and damages in excess $160 million.
• Defense of a major Wall Street firm in arbitrations brought by high net-worth, private-wealth customers, including a Hong Kong shipping magnate, the former CFO of an Internet start-up, the founder of an oil and gas exploration company, and the ex-wife of a well-known restauranteur, for stock market losses.
• Defense of a national securities firm in a Mississippi FINRA arbitration brought by a group of oil refinery retirees for losses in their retirement accounts.
• Prosecution of claims brought by a major Wall Street firm in state court and arbitrations in Texas and California against former employees for breach of non-competition agreements and theft of trade secrets and in the defense of counterclaims relating to the termination of restricted stock awards.

Real Estate and Construction Disputes

• Representation of owners and developers in construction disputes with general contractors, subcontractors, and architects in arbitration and state court proceedings. Prosecution of claims for construction and design defects, slander of title, and liquidated damages for delays in substantial completion. Defense of claims for amounts due under AIA construction contracts, unjust enrichment, and foreclosure of mechanics’ and materialmen’s liens.
• Representation of the owner of a Five Diamond hotel in Houston, Texas in an arbitration against the general contractor and several subcontractors.
• Representation of the owner of a multi-family, federally-assisted housing project in a state court lawsuit in Austin, Texas against the general contractor and several subcontractors.
• Representation of the owner of a high-rise, residential project in Houston, Texas in an arbitration against the general contractor.
• Representation of the owner of a high-rise, mixed-use project in Dallas, Texas in a state court lawsuit against the general contractor and several subcontractors.
• Representation of the owner of a mixed-use project in Dallas, Texas in a state court lawsuit against an architecture firm for designs that did not comport with applicable zoning restrictions.
• Prosecution of claims in a New York arbitration by the purchaser of a golf course portfolio against a property assessment company for negligence in its assessment of a Maryland golf club property. Also defended claims in New York federal court and Texas state court seeking to vacate the arbitration award in favor of the client. 

Partnership and Joint Venture Disputes

• Defense of a major aluminum products manufacturer in an adversary proceeding in an Ohio federal bankruptcy court brought by a joint-venture partner alleging the diversion of business opportunities to overseas plants.
• Representation of the limited partners in a partnership dispute with the general partner in federal court litigation in Austin, Texas relating to the removal of the general partner after numerous breaches of the partnership agreement.
• Defense of a Japanese trading company in a Los Angeles, California federal court lawsuit brought by an aircraft company over a MOU that did not lead to the anticipated joint venture and related claims of fraud, theft of confidential information, tortious interference, and conspiracy.
• Defense of a general partner in a state court lawsuit arising from claims by a limited partner regarding the distribution of funds following the partnership’s sale of certain assets.
  

Franchise and Distribution Disputes

• Defense of a Japanese trading company and its U.S. affiliate in a federal court action in Houston, Texas brought by a former distributor for the termination and alleged breach of a North American petrochemical distributor agreement and alleging damages of $22 million.
• Defense of a tool manufacturing company in arbitrations and lawsuits brought by franchisees in a number of states for, among other things, wrongful termination, fraud and deceptive trade practices.
• Prosecution and defense of lawsuits brought by or against a hotel chain franchisor for disputes with franchisees.
• Management of a major hospitality franchisor’s national docket of civil litigation matters.
• Defense of the manufacturer of high-purity filtration products in an arbitration brought by a distributor for breach of the parties’ distribution agreement.
  

General Commercial Disputes

• Advise private-equity fund portfolio companies on a wide array of commercial disputes.
• Representation of a former Big 4 accounting firm partner in a New York arbitration against his former employer relating to the firm’s termination of his retirement benefits due to his post-retirement employment activities.
• Representation of an energy exploration and production firm in litigation in federal bankruptcy and state courts in Texas and Oklahoma relating to a drilling contractor’s claims for breach of two drilling contracts and damages in excess of $20 million.
• Defense of a major telecommunications carrier in several consumer class actions alleging deceptive billing and advertising practices.
• Defense of a major computer hardware, software and electronics company in arbitrations in various states brought by financial institutions alleging defective data-processing software.

Bar Admissions

Education
JD, SMU Dedman School of Law, Board of Editors, SMU Law Review, 1992BA, University of Notre Dame, 1989

• Defense of clients in consumer class actions, securities class actions and shareholder derivative actions.
• Representation of financial institutions in suits against borrowers, guarantors and other lenders.
• Prosecution and defense of claims by high net worth individuals and institutions for fraud in securities and real estate transactions.
• Representation of clients in real estate and construction disputes with tenants, landlords, developers, contractors and engineers.
• Representation of securities firms and associated persons in arbitrations throughout the country involving customer disputes and disputes with former employees, former employers, competing firms, and correspondent firms.
• Prosecution and defense of claims for breach of non-competition and non-disclosure agreements, breach of fiduciary duty, employee raiding, unfair competition, tortious interference and theft of trade secrets.
• Representation of an energy exploration and production firm in various litigation against a drilling contractor arising out of the termination of two multi-year drilling contracts.
• Representation of clients in disputes over closely-held corporations, partnerships, joint ventures and "earn out" provisions in the sale of businesses.
• Representation of franchisors and manufacturers in disputes with franchisees and distributors.
• Prosecution and defense of claims for defamation and invasion of privacy.
• Representation of clients in disputes between healthcare providers and insurers over unpaid medical claims.
• Prosecution and defense of claims over the termination of retirement benefits and stock options.
• Defense of a technology firm in arbitrations throughout the country over software implementations and software functionality.

• Member, American Bar Association and Dallas Bar Association
• Member, Advisory Board, Institute of Transnational Arbitration

• Named one of the "Best Lawyers under 40,” D Magazine, 2006
• Selected for inclusion as a "Rising Star," Business Litigation, Texas Monthly, 2004, 2005 and 2007