John McCarthy, Smith, Gambrell & Russell, LLP Photo

John G. McCarthy

Partner
New York Office Managing Partner, SGR Executive Committee Member

Trial attorney who appreciates clients’ business needs

About John

John G. McCarthy leverages his extensive experience as a trial attorney in federal and state courts throughout the United States to position clients for the best possible litigation outcome.

John has represented domestic and foreign clients in all aspects of general business litigation in a variety of areas, including business torts, contract disputes, corporate law and governance, director and officer liability, intellectual property, unfair competition, trade secrets, professional malpractice, bankruptcy, banking, products liability, and real estate. John utilizes this vast experience across industries and practice areas to help clients efficiently and effectively handle their legal disputes. In addition to his courtroom experience, John brings to bear on cases his years of experience as a member of firm management who understands the competing business and financial pressures his clients face.

John has worked extensively with the Firm’s Air Transport Group, both as an advisor on New York law issues and as litigation counsel. John also has extensive experience in litigation matters in bankruptcy court representing trustees, creditors, committees, and other interested parties and in district court representing parties in intellectual property infringement cases. Several of these matters resulted in opinions that are cited in leading treatises including Collier on Bankruptcy and McCarthy on Trademarks and Unfair Competition. John served as an attorney for the Monsey Fire District in Rockland County, NY, as an Adjunct Professor at Fordham Law School, and an Instructor on Business Law at Hartwick College. He is AV-rated by Martindale-Hubbell.

John’s law school note on the use of international criminal jurisdiction to combat terrorism has been cited in more than two dozen scholarly works, including at least four treatises on international law, and in testimony to a bipartisan commission of the U.S. House of Representatives.

John is a member of the board of the Fordham Law Alumni Association and a past President of the Fordham College Alumni Association. He coached youth teams for Rockville Centre Soccer Club, Rockville Centre Basketball League, East Meadow Soccer Club, and St. Agnes Cathedral Catholic Youth Organization (CYO).

Representative Matters

  • Lead counsel in the federal trial of a case involving breach of three aircraft lease agreements that resulted in judgments against the lessee and its parent company totaling more than $409 million, which have been fully satisfied;
  • Obtained the first ever order from a U.S. court granting immediate possession pursuant to the Convention on International Interests in Mobile Equipment (aka the Cape Town Convention), allowing the owner to repossess an aircraft located in Asia and eventually lease it to another airline before final determination of the complaint;
  • Lead counsel for plaintiff in a Commercial Division trial in New York County Supreme Court in a dispute between co-founders of a successful business about payment due upon a liquidation event that settled for $3.5 million during jury deliberations;
  • Successfully represented multinational manufacturing client in arbitration which resulted in multimillion dollar award for client and denial of respondent’s product defect counterclaim seeking $13+ million;
  • Obtained appellate decisions affirming summary judgment as to the holder of unsold shares status for New York city co-operative buildings in two different cases;
  • Lead counsel in the federal trial of a commercial valuation dispute that resulted in a $23+ million judgment in favor of SGR’s client and overall recovery exceeding $145 million;
  • After another firm lost a $3.3 million verdict against SGR’s client, he obtained a reversal and a remand for a retrial as to damages, and then obtained a complete defense verdict on liability;
  • Successfully argued in the Seventh Circuit that the appellant lacked standing to appeal the order of the Bankruptcy Court, resulting in an opinion that clarified the law on that issue;
  • Represented an FAA Part 135 operator in companion lawsuits involving the leasing and operation of Pilatus PC-12 aircraft;
  • Devised a plan for a bankruptcy trustee to use arbitration against non-US partners of a defunct international law firm, and obtained voluntary settlements exceeding $700,000 and arbitration awards totaling almost $300,000;
  • Obtained multi-million dollar settlements for clients prosecuting intellectual property infringement actions;
  • Negotiated a seven-figure settlement on behalf of a lessor of its claim in New York federal court against a non-US airline with respect to foreign object damage (FOD) to an engine;
  • Prevailed after bench trial in bankruptcy court that U.S. preference law did not apply to transfer in Israel.

Recognitions

Fellow, Litigation Counsel of America

Martindale-Hubbell AV-rated attorney

Credentials

Education

J.D., Fordham University Law School, Managing Editor of the Fordham International Law Journal, Member of the Moot Court Board

A.B., Fordham University, Biology

Admissions

  • New York
  • Connecticut
  • U.S. Supreme Court
  • U.S. Tax Court
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Connecticut
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S District Court, Northern District of Indiana

Organizational Involvement

Professional

Federal Bar Association

  • Past Chair, Federal Litigation Section
  • Past Circuit Vice President
  • Liaison to FJC Advisory Committee on Evidence Rules

American Bar Association

  • Graduate, National Trial Academy

New York City Bar Association

  • Member and Subcommittee Chair, Working Group on Litigation Funding

Southern District of New York Chapter of the Federal Bar Association, Inc.

  • Past Chapter President

Fordham Law Alumni Association

Community

The Friendly Sons of St. Patrick in the City of New York

Thought Leadership

Three Evidence Rule Amendments Move Closer to Adoption, 69 THE FEDERAL LAWYER No. 5 at 12 (Sept/Oct 2022)

An Early Review of Iqbal in the Circuit Courts, 57 THE FEDERAL LAWYER No. 4, at 36 (May 2010).

A Practitioner’s View of the Distinctive Practices of The Second Circuit, 53 THE FEDERAL LAWYER No. 2, at 41 (Feb. 2006).

The United States Should Prosecute those who Conspired to Assassinate Former President Bush in Kuwait, 16 FORDHAM INT’L L.J. 1330 (1992-1993).

The Passive Personality Principle and Its Use in Combatting International Terrorism, 14 FORDHAM INT’L L.J. 298 (1989-1990).

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