John represents companies in cases involving a variety of legal issues, including employment, antitrust, contracts, securities, noncompetition and creditors’ rights. John drafts and answers discovery, drafts dispositive motions, negotiates settlements, participates in mediations, and researches and analyzes complex legal issues. He also assists clients with trials when necessary and has second-chaired multiple bench trials.
John’s work has spanned all phases of litigation, including:
Investigations. In one case involving a large mutual fund issuer, John assisted a special litigation committee of a mutual fund’s corporate board to investigate a derivative demand alleging illegal investments.
Motion practice. John’s work also includes drafting and responding to motions during the motion to dismiss, discovery, summary judgment, pre-trial and post-trial phases.
Complex Litigation. John has experience as a member of litigation team handling complex litigation. For example, he researched and drafted legal memoranda, developed facts and drafted motions—including a motion for summary judgment—in defense of a Fortune 500 company in a case alleging antitrust violations against companies in the polyurethane foam industry. In re Polyurethane Foam Antitrust Litig., MDL 2196 (N.D. Ohio) and cases remanded to the District of Kansas.
Case management. As part of a team defending a national advertiser, John manages a docket of counterclaim defense cases in venues across the country. The counterclaims are typically causes of action for fraud, breach of contract, misrepresentation, violations of consumer-protection statutes or deceptive trade practices.
Appellate work. John has been the principal drafter of several appellate briefs, and he has joined appellate teams for a number of cases. He has participated in appeals in multiple jurisdictions, including New York, California, Georgia, Alabama, Michigan and Ohio. In one appeal, John, as principal drafter of the brief, persuaded the George Court of Appeals to issue a published opinion affirming the trial court’s favorable judgment. Buffa v. Yellowbook Sales & Distrib. Co., 327 Ga. App. 639 (2014). In another case, John authored the opposition in response to an appellant’s petition for certiorari to the Georgia Supreme Court, which the court subsequently denied. Joel & Assocs., LLC v. Yellowbook, Inc., No. S16C0086, 2016 Ga. LEXIS 55 (Ga. Jan. 11, 2016).
Bill Martucci, John Mattox, and Kristen Page, U.S. Supreme Court in Spokeo Requires Concrete Injury for Claimed FCRA Statutory Violations, National Employment Perspective, May 20, 2016.
CLE Materials Co-author, “Mass Torts Breakout: ‘All Natural,’ Ingredient Labeling, and Health Claims, Oh My: Recent Developments in the Smorgasbord of Food Labeling Class Actions,” 2015 ABA Section of Litigation’s Environmental, Mass Torts and Products Liability Litigation Committees’ Joint CLE Seminar in Snowmass Village, Colo. (January 30, 2015).
Richard (Chip) Sander, William C. Martucci, and John Mattox, Franchisors and Franchisees: Joint Employers?, National Employment Perspective, August 20, 2014.
William C. Martucci, Russell J. Shankland & John M. Mattox II, Word Travels Fast: Employees Should Think Before Speaking, While Employers Must Be Prudent in Disciplining Employee Speech and Expression, 39:4 Employment Relations Today, Winter 2013, at 59.
John Mattox and Bill Martucci, California Takes the Lead in Comprehensive Social Media Privacy Protection, National Employment Perspective, May 1, 2013.