- Financial Services
- Business Litigation
- Class Action
- Labor & Employment
- Securities Litigation
|Contact Info||Telephone: 816.283.4651|
|University ||Saint Olaf College, B.A., History/Political Science, cum laude, 1982|
|Law School||Washington University School of Law, J.D., 1985 Washington University Law Quarterly, Articles Editor|
Professional Associations and Memberships
•Kansas City Metropolitan Bar Association
•The Missouri Bar
John vigorously advocates on behalf of clients in the financial services industry as he defends them in securities, trustee or beneficiary and general business matters. In securities litigation, he represents corporations and individuals before the Securities Exchange Commission (SEC) and the National Association of Securities Dealers (NASD).
In terms of trustee or beneficiary litigation, John counsels individual and corporate trustees in claims of breach of fiduciary duties and breach of trust agreements, including:
•A case with a 60-day arbitration.
•An action involving multiple trusts and numerous claims of breach of fiduciary duty, which concluded in the plaintiffs dismissing their case.
John's other business litigation experience pertains to breach of contract, fraud, interference with contracts, covenants not to compete, trade secrets, royalty underpayments and claims that cite the Racketeer Influenced and Corrupt Organizations Act (RICO). He has represented mortgage companies in numerous cases involving multiple business torts, including recoveries from mortgage insurers regarding mortgage servicing practices and insurance coverage disputes.
In 2000, he won one of the top 20 defense verdicts in Missouri, according to Missouri Lawyers Weekly.
Awards and Recognitions
•Martindale-Hubbell AV Preeminent
•Missouri & Kansas Super Lawyers, Business Litigation, 2005
•The Children's Place
•Represented the distributor of dry-cleaning chlorinated solvents in a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claim that resulted in a judgment of less than 1 percent of the amount sought by the plaintiff.
•Represented a manufacturer in a putative class action lawsuit that alleged property damage from a release of mercury. After a multiple-day hearing, the court denied motion for class certification and the case, along with nine other personal injury cases, was settled favorably. (Labauve v. Olin Corp., 231 F.R.D. 632)
•Defended corporate and individual trustees in a 60-day arbitration against numerous claims of breach of fiduciary duty, concluding in a decision in favor of clients on all claims.
•Defended individual trustee in an action involving multiple trusts and numerous claims of breach of fiduciary duty, concluding in the plaintiffs dismissing their case.
•Defended a Fortune 100 company in a putative class action case that alleged property damage and emotional distress from mercury that was released from a mercury cell chlor-alkali plant. Favorably settled the case.
•Obtained defendant's verdict in a one-week age discrimination action in federal court.
6.05.14 Validity of Fee-Shifting Bylaw Provisions for Stock Companies Remains Uncertain
Documents by this lawyer on Martindale.com
Validity of Fee-Shifting Bylaw Provisions for Stock Companies Remains Uncertain
John K. Power, June 11, 2014
Early speculation that the Delaware Supreme Court’s decision in ATP Tour, Inc. v. Deutscher Tennis Bund would result in an onslaught of proposals to adopt fee-shifting bylaw provisions was quickly tempered by newly proposed amendments to the Delaware General Corporation Law. Within weeks of...
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