Over the course of his career, John has represented banks, finance companies, insurance companies, leasing companies and real estate developers in courts and arbitration proceedings across the country on a wide variety of issues that confront the financial services industry. John's trial experience includes claims for post-closing adjustments and damages arising in the context of merger and acquisition transactions, alleged breaches of equipment leases, claims under the Uniform Fraudulent Transfers Act and the Bulk Transfers Act, truth-in-lending matters, check disputes under Articles 3 and 4 of the Uniform Commercial Code, and wrongful denial of benefit claims under ERISA. John presently represents several auto finance companies in consumer class actions involving alleged violations of New Hampshire and Maryland state law. John is the editor of Massachusetts Discovery Practice, a comprehensive two-volume treatise on discovery under the Massachusetts Rules of Civil Procedure. He is a frequent speaker on Massachusetts discovery practice and has written and spoken on the privacy provisions of The Gramm-Leach Bliley Act, the application of the Massachusetts Unfair Business Practices Act to financial services transactions, and federal pre-emption of state banking laws.
Notable Experience
- John is part of a team of attorneys representing a government authority in connection with three cases related to the construction of a commuter rail system, in which the authority is defending claims for delay and extra work in excess of $200 million and asserting counterclaims for breach of warranty and liquidated damages in excess of $100 million.
- John is currently leading a team of attorneys in the defense of a financial institution in a Massachusetts federal court class action challenge to the manner in which credit card companies adjust the applicable rate of interest charged on credit card accounts.
- John is currently representing a financial institution in the defense of TILA, HOEPA, RESPA and ECOA claims in a Rhode Island federal court action.
- John successfully negotiated the favorable settlement of delay and extra work claims asserted against a regional school district in connection with the construction of high school athletic facilities.
- John led a team of attorneys in the representation of a bank holding company and its affiliates in related Delaware Chancery Court and Rhode Island Superior Court actions concerning alleged breaches of contract and business torts arising in connection with the transfer of a $12 billion credit card portfolio. Our client prevailed on three separate motions for partial summary judgment and at the three week trial of the remaining claims, all of which resulted in a judgment that, after deducting conceded offsets, exceeded $63 million.
Recent Speaking Engagements and Publications
- "Preemption in the Wake of Watters v. Wachovia and Other Key Recent Developments," speaker, 7th National Advanced Forum on Consumer Finance Class Actions & Litigation, New York, New York, January 29 - 30, 2008.
- "THE SUBPRIME LENDING CRISIS: The Legal Fallout," co-author, Risk Management, December, 2007.
- John edited Massachusetts Discovery Practice (MCLE 2003), a comprehensive two volume treatise on discovery under the Massachusetts Rules of Civil Procedure.
- "Massachusetts Discovery Practice" Massachusetts Continuing Legal Education, Boston, Massachusetts, 2002, 2003 and 2004.
Besides Edwards Angell Palmer & Dodge
John enjoys spending time with his wife, Jennifer, and their five children. He is an avid fly fisherman, upland bird hunter and downhill skier.