Representative Matters

Over the years, John has had many professional successes. He has:

  • Obtained a preliminary injunction agreement in the U.S. District Court for the Eastern District of Virginia without the need for the posting of a bond against a former franchisee of a regional delivery and carry-out pizza, stromboli, sandwich/sub, salad and pasta restaurant, as well as the franchisee’s principals, on the basis of their violation of post-termination non-competition and nonsolicitation.
  • Represented a national fast casual restaurant franchisor in resolving a variety of litigation matters, including franchisee payment and operational defaults, termination of franchisees and violations of in-term non-competition agreements.
  • Successfully represented a franchisor of outlets providing emergency and regular maintenance services for the over-the-road trucking industry in a lawsuit in the Southern District of Florida involving violation of noncompete and nonsolicitation clauses of a terminated franchise agreement.
  • Represented a franchisor in the insurance adjuster industry in the process of terminating a franchisee that was in violation of their franchise agreement. Defended the franchisor in a countersuit for allegations of fraud under New York law, to the satisfaction of the client.
  • Served as co-counsel for the parent developer of the third largest auto dealer management software in the United States. In this case, licensed distributors of the software objected to termination, claiming the existence of perpetual right to renew their software license and distribution agreements on the same terms as the original agreements. Successfully convinced the arbitrator that the license and distribution agreements were of indefinite duration and therefore terminable by the parent developer after a reasonable period of time.
  • 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.