John D. D'Ercole

John D’Ercole focuses his practice on federal and state complex commercial litigation matters.

John regularly counsels clients on litigation of matters involving complex commercial contracts, employment (wage & hour), partnership, real estate, insurance coverage, antitrust, securities, RICO, and intellectual property (patent and trademark) matters. He has tried cases in both the state and federal courts of New York and also has extensive appellate experience in these courts.

During the course of his career, John has been involved in several notable cases including:

• In The Matter of Duty Free Shops Arbitration (arbitration of multibillion dollar shareholder dispute involving the sale of Duty Free Shops to Louis Vuitton)

• Grupo SIT v. AT&T Communications, Inc. and Harris Corp. (action for breach of contract and fraud involving defendants’ sale of a satellite telecommunications system in Mexico)

• Barr Laboratories v. Abbott Laboratories (federal jury trial and appeal of claim by generic manufacturer charging branded manufacturer with monopolization of market for erythromycin drugs)

• Automobile Club of New York, Inc. v. Port Authority of New York (federal bench trial and appeal in action to lower bridge tolls on Port Authority bridges and tunnels)

• AAA Carting & Rubbish Removal, Inc. v. Town of Southeast (argument in New York Court of Appeals resulting in landmark holding preventing municipalities from relying upon subjective criteria in awarding contracts that must be competitively bid)