John H. Fleming

John H. Fleming: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

In his more than three decades of experience as a commercial litigator, John has represented clients-both plaintiffs and defendants-in state and federal courts, focusing on complex business litigation that includes securities, tax, professional liability, intellectual property and major litigation involving insurance companies. His diverse background also serves him well as an arbitrator and an advocate in alternative dispute resolution forums.

Named to The Best Lawyers of America in the area of bet-the-company litigation (2005-2013), John has represented (among others) major automobile manufacturing, hotel, brokerage and insurance companies. In addition, John now heads the firm's pro bono efforts. Before joining Eversheds Sutherland (US), John served as a law clerk to the Honorable Irving Goldberg of the U.S. Court of Appeals for the Fifth Circuit. John also taught for five years as an adjunct professor in the Pretrial Litigation course at Emory University Law School.

Clerkships

Honorable Irving Goldberg, U.S. Court of Appeals for the Fifth Circuit

Experience

“I’ve been fortunate to work with great lawyers, both senior to me and junior to me, on a wide variety of complex cases over thirty years, and I use that experience to seek the best and most efficient possible result for the client.”

Experience

Obtained dismissal and settlement of a securities fraud class action alleging failure to disclose antitrust and FDA-related violations against a public manufacturer of blood reagents.
Won a jury trial for Myriad Development, a software developer, against a licensee in patent litigation.
Represented a British insurance underwriter in an alleged fraud claim arising out of the viatical industry.
Resolved claims against another law firm that it fraudulently obtained settlements for one of its clients.
Prevailed in a jury trial for a chemical company threatened with antitrust claims by a licensee for road paving technology.
Helped a man turn his death penalty conviction into a life sentence through three successful appeals and three jury trials.
Served for 19 years as regional litigation counsel for a major automobile manufacturer.
Won favorable rulings and a nine-figure settlement in a claim against the United States based on its repeal of beneficial tax rules.
Achieved a favorable award for a U.S. conglomerate in ICC arbitration arising from its purchase of a Brazilian company from Brazilian and German owners.
Achieved a $30 million settlement assisting a U.S. firm in an ICDR proceeding for a Lloyd’s syndicate against another viatical company.
Served on a panel in ICC arbitration between an Italian company and a U.S. company and individuals involving the sale of a large auto parts manufacturer, with $60 million in controversy.
Served on two panels in AAA arbitrations adjudicating $20 million and $40 million claims by sellers of regional waste disposal companies against a national purchaser of those companies.
Served on two AAA arbitration panels, including one as chair, adjudicating disputes between a health insurer and regional medical centers for $10 million in dispute in each case.
Defended a large offshore drilling company and certain of its officers and directors in 10b-5, Section 14, and investor class actions and related shareholder derivative cases filed after the 2010 oil spill in the Gulf of Mexico.

Publications

“Resolving complex disputes through litigation, arbitration or settlement is a fascinating process. It is a complicated game where a win is achieving an overall result with which the client is well pleased.”

Legal Alerts

Legal Alert: Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue (April 28, 2010)

Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants (April 5, 2010)

Legal Alert: Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute (February 25, 2010)

Legal Alert: Congress to Weaken Pleading Requirements? (July 24, 2009)

Legal Alert: Georgia Court of Appeals Again Decides Consumer Cannot Hold Motor Vehicle Manufacturer Liable for Acts of Dealer (July 15, 2009)

Legal Alert: Second Circuit Rules Against Dealer Seeking Additional Warranty Reimbursement Under NY Law (January 16, 2009)

Legal Alert: Georgia Court of Appeals Rules Against Consumer in Action to Hold Manufacturer Responsible for Acts of Failed Dealer (October 1, 2008)

Articles

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

News

In the News

Pro Bono Partnership Presents 2018 Happy Perkins Award to John Fleming (March 26, 2019)
Daily Report
Eversheds Sutherland Partner John Fleming is mentioned in this Daily Report article discussing the recent Pro Bono Partnership of Atlanta annual reception where he was awarded with the 2018 Happy ...

Pro Bono Happy Hour with John Fleming (December 3, 2015)
Pro Bono Institute
In an interview with Pro Bono Institute, Partner John Fleming discusses the importance of succession planning, Sutherland’s robust professional development program and one of the firm’s most recent ...

Workers Blast Signal Objections to Re-Deposition Denial (June 1, 2015)
Law360
This Law360 article notes that Sutherland Asbill & Brennan LLP represents the workers in Joseph et al. v. Signal International LLC et al., a human trafficking case where a group of Indian citizens ...

Signal Says Bankruptcy Likely Before Next Trafficking Trial (March 17, 2015)
Law360
This Law360 article notes that Sutherland Asbill & Brennan LLP represents the workers in Joseph et al. v. Signal International LLC et al., a human trafficking case where a group of Indian citizens ...

Alleged Signal Agent Should Face Trafficking Suit, Judge Says (March 17, 2015)
Law360
Sutherland Partner Daniella Landers is quoted in this Law360 article, agreeing with a Texas magistrate judge’s recommendation that an alleged recruiter for Signal International LLC face a human ...

Press Releases

19 Eversheds Sutherland Practice Areas, 55 Attorneys Named Among Nation’s Best in 2019 Chambers USA (April 25, 2019)
Eversheds Sutherland is pleased to announce that 19 practices and 55 attorneys have earned recognition in the 2019 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

27 Eversheds Sutherland Attorneys Named 2019 Georgia Super Lawyers and Rising Stars (February 7, 2019)
Eversheds Sutherland is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, two attorneys have been ...

Eversheds Sutherland Reaches Settlement in Suit Filed on Behalf of Parents Facing Deportation After Being Separated From Their Children (November 16, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that on November 15, 2018, a settlement agreement was approved in Dora v. Sessions, a lawsuit the firm filed on behalf of parents facing ...

Eversheds Sutherland Files Suit on Behalf of Migrant Parents Facing Deportation without Due Process (August 20, 2018)
On August 17, Eversheds Sutherland (US) LLP filed a lawsuit on behalf of approximately 30 migrant parents, most of whom are in detention centers in Texas, facing deportation without due process. The ...

19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...

30 Eversheds Sutherland (US) Attorneys Named 2018 Georgia Super Lawyers and Rising Stars (February 23, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 25 of its attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers . Additionally, five attorneys have ...

Six Eversheds Sutherland Attorneys Ranked by Benchmark Litigation (September 29, 2017)
Eversheds Sutherland is pleased to announce that six of its attorneys will be listed in the latest Benchmark Litigation guide of America’s leading business litigation firms and attorneys. In ...

Four Eversheds Sutherland Attorneys Named Lawyer of the Year; 80 Lawyers Recognized in 2018 Edition of The Best Lawyers in America (August 15, 2017)
Eversheds Sutherland is pleased to announce that four attorneys have been selected as “Lawyer of the Year” in their respective fields by The Best Lawyers in America, and 80 attorneys have been ...

20 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2017 Chambers USA (May 26, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 20 practices and 56 attorneys at the firm earned recognition in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business. ...

31 Eversheds Sutherland (US) Attorneys Named 2017 Georgia Super Lawyers and Rising Stars (February 21, 2017)
ATLANTA-Eversheds Sutherland (US) LLP is pleased to announce that 27 of the firm’s attorneys based in Georgia have been selected as top attorneys in the state by Super Lawyers. Additionally, four ...

Awards and Rankings

Fleming is “a highly effective commercial and business litigator with a creative, focused approach. He genuinely cares about the business interests of his clients.” -Chambers 2010

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of general commercial litigation (2003-2019)

Selected as a Georgia Local Litigation Star by Benchmark Litigation (2010-2017)

Recognized as “Lawyer of the Year” by The Best Lawyers in America in the area of bet-the-companylitigation (2016)

Named to The Best Lawyers of America in the areas of bet-the-company litigation (2005-2019), commercial litigation (2005-2019) and legal malpractice law (2005-2010, 2013-2019)

Selected for inclusion in Georgia Super Lawyers (2004-2019)

Selected for inclusion in PLC Which Lawyer? Yearbook in the area of dispute resolution (2008-2009)

Areas of Practice (10)

  • Litigation
  • Alternative Dispute Resolution
  • Appellate
  • Class Action Defense
  • Complex Business Litigation
  • Automotive
  • Securities Enforcement & Litigation
  • Insurance
  • International Arbitration
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
University Attended:
Emory University, B.A., Phi Beta Kappa; Florida State University, M.A.
Law School Attended:
Harvard Law School, J.D., magna cum laude, Senior Editor, Harvard Law Review
Year of First Admission:
1976
Admission:
1976, Georgia
Memberships:

Professional Activities
Board Member, Lawyers' Committee for Civil Rights Under Law
Board Member, Atlanta International Arbitration Society

Birth Information:
Jackson, Mississippi, March 29, 1948
ISLN:
907377700

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (3)

Documents by this lawyer on Martindale.com

Atlanta, Georgia

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