Overview
John’s employment litigation experience includes disputes involving restrictive covenants, trade secrets, discrimination claims, Fair Labor Standards Act violations, and wage and hour matters. His employment advice and counsel work includes assisting clients with employment contracts, employee policies and handbooks, OFCCP compliance, Family and Medical Leave Act compliance, accommodating disabilities, termination, and severance. In addition to employment litigation, John litigates business disputes in areas including breach of sales and services contracts, fraud, healthcare, trade secrets, and unfair trade practices.
Prior to joining the firm, John worked at two large firms in New York City, and he is admitted to practice in North Carolina, New York, and numerous federal courts.
John prides himself on being the kind of attorney who clients feel comfortable putting on speed dial, trusting him to always put their needs first. He helps his clients understand applicable law and develop solutions to meet their practical business objectives.
John stays on the cutting edge of laws, regulations, and court decisions affecting the firm’s clients. For example, he was a primary drafter of the firm’s guidance for employers concerning the Families First Coronavirus Response Act and the CARES Act, both passed in 2020 in response to the Covid-19 pandemic.
Representative Experience
- Matthew Bruehl v. Duke University, Duke University Health System, Inc., and Private Diagnostic Clinic, PLLC, No. 1:21-cv-590 (MDNC April 18, 2022). Obtained dismissal of federal employee misclassification claim premised on alleged violation of the Internal Revenue Code
- Michael Shaughnessy v. Private Diagnostic Clinic, PLLC, et al., No. 1:18-cv-461 (MDNC November 19, 2018, July 10, 2020, July 23, 2020). Obtained dismissal of federal employment discrimination claims and summary judgment on state wrongful discharge and tortious interference claims
- Paul E. Enochs v. Blue Cross and Blue Shield of North Carolina, 17-CVS-3491 (NC Superior Court, Durham County, July 25, 2017). Obtained preliminary injunction restraining a health insurance company from removing a physician from network in contravention of network participation agreement
- Margaret Lynch v. Private Diagnostic Clinic, PLLC, et al., No. 1:16-cv-526 (MDNC December 20, 2016). Obtained dismissal of employment discrimination claims against a client based on lack of subject matter jurisdiction
- Wedderburn Corporation v. Jetcraft Corporation, et al., 2015 NCBC 101; 2015 NCBC LEXIS 105 (N.C. Bus. Court 2015). Obtained dismissal of nearly all claims regarding the plaintiff’s allegations of breach of contract in the client’s sale of $16 million aircraft to the plaintiff
- EEOC v. PBM Graphics, Inc., 877 F. Supp. 2d 334 (MDNC 2012). Obtained partial dismissal of EEOC “pattern and practice” class action discrimination claims
- MJM Investigations v. Brian Sjostedt, 2010 WL 2814531 (N.C. App. 2010). Won appeal at the North Carolina Court of Appeals invalidating an overbroad non-compete clause that a company asserted in an attempt to restrain its former employee from working in a competitive field
- Pattridge v.Parata Systems, LLC, (MD Fla. 2008). Successfully resolved FLSA collective action against client-employer
- Dula v. Gold Peak Industries Ltd., (EDNC 2004). Obtained dismissal of a claim against a Hong Kong client on personal jurisdiction grounds. The motion required proving that the client was not a joint employer of the plaintiff
- Estate Of Shelia Williams-Moore v. Duke University Health System, Inc., et al., 335 F.Supp.2d 636 (MDNC 2004). Obtained summary judgment on a claim of race discrimination by a patient
- Woolford v. Frontier Spinning Mills, Inc., 04-CVS-4030 (Forsyth County 2004). Obtained a dismissal of a claim under the Retaliatory Employment Discrimination Act by a former employee of a client in the textile industry
- In re Austrian and German Holocaust Litigation, 250 F.3d 156 (2nd Cir. 2001). Served on a team that obtained mandamus requiring the District Court Judge to allow agreed dismissal without conditions