John has more than 25 years of litigation experience in both the federal and state trial and appellate courts. He has been representing litigants in large commercial and bankruptcy litigations in a broad spectrum of cases. John is a litigation generalist by training, but has focused his work in corporate law, intellectual property, real estate and bankruptcy litigations for major financial institutions, retail organizations, commercial landlords and tenants, Chapter 11 trustees, Creditors’ Committees, and secured and unsecured creditors, in complex commercial disputes, and has tried many jury and bench trials in doing so.
Selected cases:
- Mode Contempo, Inc. v. Raymours Furniture Co., Inc., 915 N.Y.S.2d 528 (1st Dept. 2011) (represented furniture retailer in real property commercial landlord tenant lease dispute).
- Responsible Person of Musicland Holding Corp. v. Best Buy Co. (In re Musicland Corp.), 398 B.R. 761 (Bankr. S.D.N.Y. 2008) (represented unsecured creditor interests in officer and director breach of fiduciary duty, fraudulent conveyance and preference dispute).
- American Banana Co., Inc. v. Republic National Bank of New York, N.A., 362 F.2d. 33 (2d Cir. 2004) (represented bank in defense of perishable agricultural commodities claim).
- Fleet Capital Corp. v. Yamaha Motor Corp. U.S.A., 2002 U.S. Dist. LEXIS 18115, 48 U.C.C. Rep. Serv.2d (Callaghan) 1137 (S.D.N.Y. 2002) (represented secured creditor in collateral priority dispute with golf cart manufacturer).
John is a member of the Federal Bar Council. John has given numerous lectures on a variety of topics, including before the New York State Society of Certified Public Accountants and has published articles on recharacterizing leases as disguised financing arrangements, including a two-part article “Recharacterization Risks: Beware,” published in LJN’s Equipment Leasing Newsletter, in March and April of 2003. John is admitted to practice before the United States Supreme Court, and the United States Court of Appeals for the Second Circuit.