John J. Calandra is a partner in the law firm of McDermott Will & Emery LLP based in the Firm’s New York office. As a member of the Firm’s Trial practice, John focuses his practice on complex commercial litigation. He has significant experience litigating cases involving securities and common law fraud, environmental product liability, breach of fiduciary duties, negligent misrepresentation, breach of representations and warranties, accounting irregularities, wrongful terminations, antitrust violations, various claims arising from the sale of assets and businesses, and numerous class action lawsuits. John was recognized as being among the top lawyers in the New York metro area by Super Lawyers in 2010. He is an experienced lawyer with a vast range of experience crossing many industries, including the following industries: alcohol and non-alcoholic beverage, magazine, home security, clothing, motorcycle, automobile, chemicals, medical products, food, satellite, outsourcing, securities, finance and financial products.
Commercial Litigation Experience
- Represented manager of limited liability company in a breach of fiduciary duty and fraud action brought by start-up software company. Obtained a full judgment in favor of the defense and a dismissal of all claims following a two-week bench trial.
- Represented public corporation in merger action wherein client asserted accounting fraud claims, failure to maintain adequate internal controls, inflated projections and material adverse changes affecting target company. Settled following a one week bench trial after seller agreed to substantial price discount.
- Represented chemical manufacturer/supplier in action brought by customer alleging breach of requirements contract. Defenses were force majeure and violations of forecasting and ordering obligations. Successful settlement subject to confidentiality.
- Represented former chairman/CEO of public company against claims brought by lender of bankrupt entity alleging fraudulent accounting practices. Successful settlement subject to confidentiality.
- Represented beverage supplier client in $90 million dealer termination lawsuit. Successfully obtained a defense verdict after two week bench trial.
- Represented client in $100 million litigation brought by purchaser of medical device business, seeking indemnity and claiming fraud relating to alleged accounting irregularities and manipulation of income statement. Successfully settled after substantial discovery.
- Represented chemical manufacturer in connection with fraud and indemnity claims asserted under Asset Purchase Agreement. After defeating defendant’s motion to dismiss, the case was successfully settled.
- Represented leading paper distributor sued by a competitor for trade libel and defamation. Successfully settled after substantial discovery.
- Represented major airline in an action brought against a leading airplane manufacturer relating to a terminated service contract. Successfully settled.
- Represented master licensor of trademarks of a celebrity in a $100 million litigation commenced by a terminated clothing sub-licensee. Successfully settled.
- Represented school district in lawsuit against the State alleging State’s funding formula violated Equal Protection Clause and “adequate funding” requirement of N.Y.S. Constitution. Successfully settled following State’s decision to increase funding to school district by several hundred million dollars.
- Represented defense contractor in action for commissions allegedly owed to broker over sale of business to client. Successfully settled following discovery.
- Represented former executive against his former employer, a publicly traded media company, for breach of an employment agreement and failure to issue stock options relating to a newly formed internet company. Successfully settled after substantial discovery.
- Represented largest franchisee in action against franchisor of health care services alleging breaches relating to software deficiencies and inadequate financial funding. Successfully settled.
- Represented director/officer who was denied coverage on his D&O policy by a major insurance company. Successfully obtained summary judgment.
- Represented beverage supplier on an appeal. Succeeded in vacating lower court ruling that had adopted fact finding recommendations of a special master without engaging in a de novo factual review.
- Led negotiations with New York State Department of Transportation on behalf of large contracting firm who succeeded in obtaining delay damages from the State. Successfully settled.
Class Action Experience
- Representing major energy company in a class action brought by Brooklyn residents, alleging inter alia, fear of cancer, diminution in property values, and medical monitoring relating to large oil spill.
- Represented client, a specialist on the American Stock Exchange (AMEX), in class action securities case alleging violations of the “firm order rule.” Succeeded in obtaining dismissal on motion to dismiss under Private Securities Litigation Reform Act (PSLRA).
- Represented underwriter that provided warehouse lines of credit to bankrupt mortgage company charged with fraudulent loan practices in a series of consolidated consumer class actions. Succeeded in obtaining summary judgment dismissing Racketeer Influenced and Corrupt Organizations Act (RICO) and aiding and abetting claims against warehouse leader. Plaintiff obtained jury verdict against our co-defendant, who was unable to obtain similar dismissal on motion.
- Represented client and secured a nationwide non-monetary settlement of twenty-three consolidated class action price fixing lawsuits brought on behalf of all purchasers of magazine subscriptions against a trade association and fourteen magazine publishers. In addition to representing the association, acted as co-lead coordinating counsel for the magazine publishers. Successfully settled following motion for summary judgment.
Securities Litigation Experience
- Represented director and general counsel in individual securities fraud action that also alleged breach of fiduciary duties relating to alleged non-disclosures concerning the sale of the company. Obtained dismissal of all claims on motion to dismiss.
- Represented client, a specialist on AMEX for inter alia, in class action securities case alleging violations of the “firm order rule.” Succeeded in obtaining dismissal on motion to dismiss under PSLRA.
- Represented outside director audit committee chairman in individual action under the federal securities laws. Successfully settled following motion for summary judgment.
Environmental Product Liability Experience
- Represented major energy company in indemnification lawsuit relating to spill of millions of gallons of petroleum products in Brooklyn, New York. Case settled before trial with plaintiff agreeing to prevent contamination attributable to historical spill from migrating off of its property.
- Representing major energy company in mass tort action brought by over 800 residents of Brooklyn, alleging in excess of $1 billion in property damages, personal injuries, and $50 billion in punitive damages, relating to a large oil spill at the site of a former refinery.
- Representing several insurance defendants against common law claims brought by asbestos plaintiffs alleging failure to warn the public about health risks related to exposure to asbestos.
- Representing defendant of major energy company in class action brought by residents of Brooklyn, alleging inter alia, fear of cancer, diminution in property values and medical monitoring relating to large oil spill.
Antitrust Litigation Experience
- Represented twenty-three consolidated class action price-fixing lawsuits brought on behalf of all purchasers of magazine subscriptions against a trade association and fourteen magazine publishers. In addition to representing the association, acted as co-lead coordinating counsel for the magazine publishers. Secured a nationwide non-monetary settlement. The Court awarded no fees to plaintiffs' counsel in connection with the settlement.
- Represented funeral trade associations in defense of antitrust claims brought by discounter. Successfully moved to dismiss all claims.
- Represented plastics manufacturer who was sued by a competitor for breach of manufacturing agreement and for alleged antitrust violations. After succeeding in securing the dismissal of the antitrust claims, plaintiff settled remaining claims.
- Represented rental car company in lawsuit seeking to enjoin local law enacted by New York City barring rental car companies from charging differentiated rental rates based on residence. Succeeded in enjoining law on antitrust pre-exemption grounds after Second Circuit ruled the new law imposed a “hybrid” restraint on private price setting.
Financial Products / Instruments Litigation Experience
- Represented Korean investment company in $100 million claim relating to a credit derivative transaction whose referenced securities were bonds issued by Argentina. Successfully settled.
- Represented Korean life insurance company in $100 million claim against investment bank in connection with foreign currency derivatives and back-to-back swaps, alleging fraud, breach of contract, commercial frustration, and illegality. Successfully settled following grant of summary judgment in client’s favor.
- Represented large Korean company in $100 million guarantee claim brought against Vietnamese company. Succeeded in obtaining summary judgment for full value of the guarantee.
- Represented Korean financial institution in defense of action by investment bank seeking payment on a back-to-back swap relating to foreign currency derivatives. Successfully settled following extensive discovery.
Arbitration Experience
- Represented the world’s largest satellite operator in international arbitration brought by former Kazakhstani customer. Seven day trial. Decision subject to confidentiality.
- Representing a computer technology company against claims for breach of service agreement brought by former IT vendor who previously provided resources in connection with multi-billion dollar IT outsourcing contract. One week trial and several motions to dismiss. Decisions subject to confidentiality.
- Represented satellite operator in defense of lawsuit brought by customer relating to satellite lease. Successfully settled.
- Represented client in action relating to proper telecommunication protocols (“SS-7”) necessary under lease. Seven day trial. Decision subject to confidentiality.
- Represented client in an arbitration against a French company involving client’s claim for indemnification under Asset Purchase Agreement. Successfully settled.
- Represented investment bank in a lease dispute against its landlord for indemnity relating to repairs of the building’s curtain wall. Arbitration hearing held before an engineer selected by the AAA. Decision subject to confidentiality.
- Represented purchaser of farm machinery company in lawsuit against seller relating to Asset Purchase Agreement. Settlement subject to confidentiality.
While at Cornell Law School, he received two American Jurisprudence Awards, was selected to the Order of the Coif, served on the Cornell Law Review, and graduated magna cum laude.
John is admitted to the New York State Bar and to the federal district courts in the Southern and Eastern Districts of New York. John was a trustee of the City University of New York for ten years, having been appointed by Governor Pataki in 1996 and reappointed in 2000.
Education
- Cornell Law School, J.D. (magna cum laude), 1991
- Columbia College, B.A., 1988
