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John M. Magliery
Partner
John M. Magliery is a commercial litigator with over 20 years of experience in state and federal court, arbitration, mediation, and before regulatory agencies nationwide. He focuses on getting results; he brings a practical, business-oriented approach to litigation that emphasizes meeting client goals in the most cost-effective manner. John understands the litigation process and helps clients use it to their advantage, regardless of the subject matter of the dispute. He litigates many general commercial and business tort matters, debtor and creditor matters, including in bankruptcy court, disputes under the Uniform Commercial Code, real property disputes, breach of fiduciary duty claims, business separations, departing partner and employee disputes, and insurance disputes. John also advises clients on how to avoid or compromise disputes or reduce litigation risks. He has defended and resolved hundreds of consumer class action cases. Representative matters include contract, business tort, payment default, loan workout, labor and employment, consumer protection, accessibility, leasing, construction, and intellectual property disputes. John has extensive experience representing themed entertainment retail attractions. He has defended dozens of companies and digital properties in accessibility claims relating to websites and mobile apps and regularly defends retail companies in accessibility, ADA, and other civil rights and discrimination claims. In addition to the courtroom, John represents clients before administrative bodies including the EEOC, the NLRB, FINRA, and state and city civil rights departments and commissions, as well as in arbitration before the American Arbitration Association and JAMS.
Practice Highlights
Real property
Represents clients in all manner of commercial real estate disputes, including financing, development and construction, operating/funding partnership, and leasing matters. Aids lenders in financing disputes, payment defaults, and commercial foreclosure. Represents developers in construction and design defect lawsuits, and represents commercial landlords and tenants in lease disputes. Matters include disputes about leasing and property licensing, construction contracts, early start agreements, and project financing.
Business separation and fiduciary duty claims
Litigates claims regarding business separation, breach of fiduciary duty, restrictive covenants, and related business tort claims. Represents both former firms and departing partners and employees. Negotiates separation agreements.
Class actions and discrimination claims
Represents defendants in consumer class actions of all types but particularly in discrimination claims under the ADA, the Civil Rights Act, and state and local equivalents. Litigated and resolved hundreds of discrimination claims, including regarding digital and app accessibility, architectural barriers, and policy modifications. Responds to government investigations. Advises technology clients regarding accessibility requirements for new products, devices, and digital properties.
Commercial Litigation
Amazon.com Services LLC v. David Cameo
Represented Amazon in an adversary proceeding in bankruptcy. Successfully obtained an order of non-dischargeability on a motion for summary judgment against debtor based on fraud committed on the Amazon store. 2024 WL 1925937 (E.D.N.Y. Bankruptcy Court, 2024)
Confidential parties
Defended financial institution against claims of misappropriation of trade secrets relating to certain financial products. Resolved the matter without the payment of any damages and with clarification regarding scope of secrets and ability to disclose information.
Ivy Partners LLC v. Woods Grove Capital LLC
Defended departing partners and their new business ventures in arbitration and a companion Delaware Chancery action, and asserted counterclaims on their behalf. Case resolved at pleading stage.
Series of arbitration confirmation and vacatur cases for Amazon
Obtained multiple decisions denying motions to vacate arbitration awards and instead confirming awards against banned Amazon third-party sellers.
SQN Asset Servicing LLC v. Shunfeng International Clean Energy Limited
Represented parent of manufacturer of solar technology against lender in guaranty action. Obtained reversals on appeal of three trial court orders, resulting in settlement. 180 A.D.3d 626 (First Department 2020); 200 A.D.3d 441 (First Department 2021)
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Class Action Defense
Matthew Diehl et al. v. LEGOLAND Discovery Center US LLC*
Defended LEGOLAND in a nationwide Fair and Accurate Credit Transactions Act ("FACTA") class action asserting that LEGOLAND improperly included credit card expiry dates on receipts for transactions. After mediation before the magistrate judge, settled the case on a classwide basis for a coupon program that a de minimis number of guests claimed. (N.D. Ill.)
Whitney Crosby v. Merlin Entertainments Group US Holdings Inc. et al.*
Defended Merlin Entertainments Group in a putative class action asserting wage and hour misclassification and other violations of the Fair Labor Standards Act. After opposing class certification, settled the case on an individual basis without any finding of liability or any classwide, or companywide, result.
Various ADA architectural barrier, policy modification, and website accessibility cases
Represented clients in dozens of traditional ADA architectural barrier and policy modification cases, including in state and federal court, before state and city civil rights commissions, and in Department of Justice government investigations. Defended approximately 100 ADA website and "app" accessibility cases.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Insurance Litigation
Johnson Gallagher Magliery LLC v. The Charter Oak Fire Insurance Company*
In a precedent-setting insurance coverage case arising out of damages sustained from Hurricane Sandy, JGM, for itself, defeated a motion for summary judgment by its insurer. The decision established that the utility's decision to pre-emptively shut off power to JGM's offices was not an excluded "act or decision," and that JGM's water and sewer backup rider was likely to cover the firm's claims. (S.D.N.Y.)
Insurance Company of the Americas v. Certain Underwriters of Lloyd's of London*
Won an arbitration award valued at over $4 million in a reinsurance dispute against Lloyd's of London underwriters following a four-day arbitration pursuant to an ARIAS reinsurance dispute resolution provision. The client insurance company had arranged for workers compensation reinsurance for losses in excess of $1 million, which the reinsurer had failed to honor based on its assertion that the losses must have taken place in the same loss occurrence. The claimant successfully proved to a panel of industry arbitrators that the requirement that the losses occurred in the same occurrence had been specifically negotiated out of the reinsurance treaty.
Undisclosed client v. Undisclosed technology vendor
Following a security breach on a platform provided by vendor, made claim against cybersecurity insurance policy, pursued various breach of contract claims against the vendor, guided client through necessary disclosures, and negotiated for payment of damages for out-of-pocket expenses and business interruption while technology system was offline.
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice
- Washington, 2022
- New York, 2003
- Massachusetts, 2002
- U.S. District Court, Western District of Washington, 2023
- U.S. District Court, Northern District of New York, 2018
- U.S. District Court, District of Massachusetts, 2018
- U.S. District Court, District of Colorado, 2018
- U.S. District Court, District of Connecticut, 2015
- U.S. District Court, Northern District of Illinois, 2012
- U.S. District Court, Southern District of New York, 2003
- U.S. District Court, Eastern District of New York, 2003
- U.S. Court of Appeals, 2nd Circuit, 2019
Education
- J.D., Cornell Law School, 2002
- Jessup Moot Court
- B.A., Economics, Grinnell College, 1999
Memberships & Affiliations
- Real Property Section; Litigation Section – American Bar Association
- New York City Bar Association
- Themed Entertainment Association
Background
- Member, 2010-2016; Associate, 2004-2009 – Johnson Gallagher Magliery LLC, New York
- Litigation Associate, Paul, Hastings, Janofsky & Walker LLP, New York, 2002-2004
- Summer Associate, Paul, Hastings, Janofsky & Walker LLP, New York, 2001
- Law Clerk, U.S. Attorney's Office, District of Columbia, Washington, D.C., 2000
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Presentation
09.23.21
Presentations
"A Practical Guide to Web Accessibility & The Law," UsableNet Webinar Read More External LinkPublications
2020
News
"Pardon Reduces Exposure to Deportation," Davis Wright Tremaine Pro Bono & Social Impact Report Read More External LinkWebinar
03.24.20
Webinars
Media & Entertainment
"Event Cancellations & Excused Performance From COVID-19: What Companies Should Know," Davis Wright Tremaine Webinar Read More
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