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| Phone: (202) 342-8537 |
Fax: (202) 342-8451 |
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John McGuinness is an associate in the firm’s Washington, DC office. His practice focuses on representing clients in all facets of complex commercial litigation, arbitration and mediation, and counseling in the areas of consumer financial services and insurance recovery.
As a member of the Consumer Financial Services group, Mr. McGuiness advises on matters and resolves disputes involving privacy and information security; fair credit, including federal claims under the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), and the Fair and Accurate Credit Transactions Act (FACTA); state consumer protection statutes and regulations; and state unfair and deceptive trade practices claims. Mr. McGuiness has represented retailers in a variety of nationwide and state-wide consumer class actions, including consumer class actions under the California Unfair Competition Law (Business & Professions Code §§ 17200 et seq. & 17500 et seq.), and Civil Code section 1747.08 of the Song-Beverly Credit Card Act (collection of personal information in a credit card transaction).
Mr. McGuiness has extensive experience representing companies in a wide variety of general and complex business disputes, including cases involving claims for breach of contract, negligence, fraud, and veil piercing in various federal and state courts. He also represents clients in employment and telecommunications matters, and in federal and state appeals.
In the insurance recovery area, Mr. McGuiness represents individuals and corporate policyholders in securing insurance coverage, and counsels clients in matters involving, IP infringement, mass tort, and directors’ and officers’ liability. |
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Representative Experience:
Represent a national retailer in class actions under state statute for alleged breach of consumers’ privacy.
Lead associate in the litigation of several cases and appeals on behalf of competitive local exchange telecommunications carriers (CLECs), focusing on the collection of interconnection charges, enforcement of interconnection rights and defending against veil piercing claims.
Served as insurance coverage and appellate counsel to a former lead paint manufacturer in state court actions to recover insurance funds for bodily injury and property damage claims.
Successfully obtained a petition for declaratory statement from a Florida agency regarding the interpretation of statutes for a communications company.
Member of attorney trial team in a billion dollar lawsuit on behalf of JPMorgan Chase against 11 insurance companies relating to surety bonds on commodities transactions with Enron. Participated in the management of all aspects of litigation on accelerated schedule, including conducting depositions, motion practice and trial. During month-long trial, assisted trial counsel with preparation for, and second-chaired, direct and cross-examinations of witnesses. A favorable settlement of our client was reached during jury deliberations.
Member of attorney team representing JPMorgan Chase in multi-billion dollar adversary proceedings brought by Enron in its Chapter 11 case. Proceedings settled.
Assisted in defending against a class action lawsuit brought by Enron shareholders against JPMorgan Chase and other defendants. |
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Professional Activities:
Co-author of Kelley Drye’s Consumer Finance Law blog,
www.consumerfinancelawblog.com
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Publications:
"Settling Class Actions: Alternatives to Coupon Settlements after CAFA and Considerations for Corporate Defendants," Thomson/Reuters Andrews Class Action Reporter, February 2009, co-authored with Donna L. Wilson and Veronica D. Jackson.
"Taking the 'Director' and 'Officer' Out of D&O Insurance: The Effect of the Subprime Credit Crisis and Corporate Bankruptcies on D&O Coverage," Risk & Insurance, April 2009, co-authored with Donna L. Wilson and Jennifer Best Victors.
"Insurance, Commercial Litigation in New York Courts," West Publishing Company, chapter update, 2001, contributing author. |
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Client Advisories:
"Recent Cases Reflect Increased Momentum Towards Insurance Coverage For Trademark Infringement Lawsuits," May 15, 2009.
"Another Flurry of Class Actions Being Filed Against Retailers Accepting Credit Cards in California," November 19, 2008.
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Speaking Engagements:
"Ripped from the Headlines," Kelley Drye & Warren CLE Seminar on Emerging Issues in Insurance, November 2008.
"Insurance 101: What Every In-House Counsel Should Know About Insurance," Kelley Drye & Warren CLE Seminar, Miami, Florida, March 2009. |
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Bar Admissions:
New York, 2000
District of Columbia, 2008
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Courts:
U.S. Court of Appeals – First and Second Circuits
U.S. District Court – Southern and Eastern Districts of New York
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| Education:
New York University School of Law, J.D., 1999
Environmental Law Journal, editor
New York University, B.A., magna cum laude, 1995
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Office Location:
Washington Harbour, Suite 400
3050 K Street, NW
Washington, D.C. 20007-5108
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