John R. Gotaskie, Jr.

Partner

 

John represents individuals, partnerships and companies in diverse legal matters including complex commercial litigation, bankruptcy litigation and franchising issues. In addition to his litigation practice, John serves as trusted advisor to several companies and individuals, assisting his clients in developing a carefully coordinated approach to identify and address legal issues effectively and efficiently. He believes that a carefully coordinated approach to legal services is necessary not only to help his clients solve their legal problems but also to help his clients become more successful.

John’s broad background in litigation matters, in both federal and state courts, includes cases involving contracts, partnership and shareholder agreements, trade secrets, restrictive covenants, trademarks and copyrights, construction, antitrust, employment, protection of creditors’ interests in bankruptcy and governmental oversight of regulated industries.

Among his professional successes, John has:

• Executed a litigation plan that resulted in a negotiated settlement in which the stated desire of the membership of a non-profit corporation to merge with the firm’s not-for-profit client was realized despite the trenchant and dogged opposition of the board of directors. The litigation effort included the coordination of actions in two different counties, the removal of recalcitrant board members, and the protection of assets that the objecting board sought to alienate, as well as enlisting the support of the Pennsylvania Department of Public Welfare and Attorney General’s Office.
• Represented a pre-eminent not-for-profit organization as an interested party opposing the bankruptcy petition of another non-profit serving individuals with intellectual disabilities, mental health needs and behavioral issues. After an evidentiary hearing, the United States Bankruptcy Court for the Western District of Pennsylvania dismissed the bankruptcy petition and issued an opinion published at 473 B.R. 641 stating the opposing party’s actions were in bad faith.
• Obtained a $12 million federal jury verdict in a breach of contract action involving unpaid commissions owed to a clean coal technology company
• Obtained affirmation from the Court of Appeals for the Third Circuit in an opinion published at 614 F.3d 57 of an award of summary judgment in favor of an auto racing sanctioning body in an antitrust case of first impression involving single tire rules in the auto racing and race tire industry
• Favorably resolved claims of software copyright infringement brought by our client against a former franchisee
• Obtained a nearly full recovery of amounts owed to a manufacturer that supplied stadium seating for PNC Park, the Pirates baseball stadium
• Resolved favorably claims against the general contractor of a baggage conveyor system at the Pittsburgh International Airport
• Obtained an injunction against a former vice president of sales and chief engineer who had abruptly left their employment and started a new division at a competing company
• Obtained the dismissal of a suit brought by a property owner against a national supplier of flood plain insurance in a case of first impression
• Resolved favorably numerous preference claims brought against creditors in bankruptcy proceedings
• Resolved successfully claims prosecuted against a company violating a client’s trademark registrations
  

Beyond Fox Rothschild

John is a Member of the Board of Directors of the Laurel Highlands Council, Boy Scouts of America, where he chairs the Activities Subcommittee and recently chaired a nominating committee which resulted in all new leadership for the Tecumsa District. He is a current Senator and former member of the Executive Committee of the Georgetown University Alumni Association and the former President of the Georgetown Alumni Club of Pittsburgh.

John presently serves as a Member of the Bankruptcy and Commercial Law Section of the Allegheny County Bar Association (ACBA) and has previously served as the Chair of the ACBA’s Federal Court Practice Section and on its Nominating Committee. The role of the committee is to review nominations and develop an official slate of candidates for the positions of ACBA President-Elect, Treasurer, governors and members of the Judiciary Committee.

Client Resources

An Overview of P2P Data Breaches Podcast
Data breaches are on the rise for companies both small and large – and authorities in Washington, DC, such as the Federal Trade Commission (FTC), are taking action.  One type of breach that has become particularly bothersome to the FTC involves peer-to-peer, or P2P, networks. Join John as he discusses this growing concern in this podcast. 
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Accidental Franchising Podcast
Did you know companies can unknowingly become franchisors without intending to franchise their business? In this podcast, John R. Gotaskie, Jr. discusses how accidental franchising can occur and what leaders of growing companies should be aware of. Join him as he talks through the potential benefits and risks of accidental franchising and lays out the state and federal regulations related to it.
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Privacy and Franchising Podcast
Consumers express great concern regarding their online privacy and what companies and other “aggregators” of information are doing with the information they collect on the web. The stakes are high and come with substantial risks -- including a loss of consumer confidence in the brand, investigations from state and federal authorities and lawsuits from aggrieved parties -- if franchisors and other companies have incomplete policies and noncompliant practices. In this podcast, John covers the critical steps organizations can take to protect themselves in connection to their online tracking and collection activities.
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ADA-ES Victory Podcast
Partner John R. Gotaskie, Jr., who served as lead trial counsel representing ADA-ES, Inc., a Colorado-based air pollution emission solutions firm, discusses his victory in the U.S. District Court for the Western District of Pennsylvania, which awarded his client $12 million in a dispute with Calgon Carbon Corporation.
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Basics of Franchising Podcast
John covers some of the basic legal aspects of franchising, including issues of control, trademark and tax concerns, fees and agreements between franchisors and franchisees, state regulation and oversight and the all-important Franchise Disclosure Document
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Social Media and Franchising Podcast
Social media has changed the way companies advertise their brand.  In this podcast, John discusses the benefits and risks for franchisors and franchisees that use social media as a tool to promote their businesses and reach out to customers and other influential leaders of public opinion.
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Franchise 101
John presented at the University of Pittsburgh’s Joseph M. Katz Graduate School of Business on the ins and outs of franchise law.
View the PowerPoint that accompanied the presentation.

Franchise Law Update Blog
John is the editor of the firm's Franchise Law Update blog (http://franchiselaw.foxrothschild.com/), which highlights not only the regulatory aspects of franchising but also diverse topics such as business finance, employment, litigation and the protection of intellectual property including trademarks and copyrights.

       

Honors and Awards

• Included in the list of "Pennsylvania Lawyers on the Fast Track" by The Legal Intelligencer and Pennsylvania Law Weekly (2009)
• Recipient of the Georgetown University Reed Alumni Service Award (2008)
• Included in the list of "Pennsylvania Rising Stars" by Philadelphia Magazine and Law & Politics Magazine (2006-2008 and 2010)
• Selected to the Order of the Barristers by the faculty of the University of Pittsburgh School of Law (1997)

Directors and Officers Liability and Corporate Governance Disputes

Financial Restructuring & Bankruptcy

Franchising, Licensing & Distribution

Litigation