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Introduction
John Hayes is an experienced and successful business litigator with significant trial experience. He has tried many jury and non-jury cases to verdict, as well as a large number of arbitrations.
John also handles appeals, winning precedent-setting cases on behalf of his clients. He represents companies in numerous jurisdictions throughout the United States.
My focus
I litigate complex commercial disputes for a variety of clients in various industries. The cases involve many different legal issues.
I represent construction companies involved in major infra-structure projects, such as bridges, dams and power plants. Recently, I successfully represented the general contractor on a $1 billion dollar project involving the construction of the largest bascule, or drawbridge, in the world.
I also represent companies in the renewal energy field, particular with respect to the 1603 program by which the federal government provides grants in lieu of tax credits to certain qualified projects. I successfully represented the plaintiff in a precedent-setting case in this area of the law, which was decided by the United States Court of Federal Claims.
My clients in the ERISA litigation field include companies, plans and trustees. Recently, I won a precedent-setting ERISA case in the United States Court of Appeals for the 4th Circuit.
I also handle matters for technology clients. I recently completed the successful representation of a company in a dispute about the licensing of its patent portfolio.
Looking ahead
The cost of litigation, primarily driven by the expense of e-discovery, threatens the ability of parties to fully and fairly litigate their legitimate positions. Attorneys must continue to look for ways to help their clients curb these costs.
In the news
- Law360
Local organizations urge US justices to side with utilities in IRS fight
Aug 18, 2023This article covers a brief filed by the American Public Power Association and Large Public Power Council urging the US Supreme Court to review a lower court’s decision that found the IRS properly reduced payments it made to utilities because of sequestration. The article mentions Project Finance and Public Finance partner Mitch Rapaport and Complex Disputes senior counsel John Hayes and counsel Brian Whittaker, all of Washington, DC, for representing the American Public Power Association and Large Public Power Council in the case.
- The Associated Press
Settlement in Racial Bias Case Includes Sheriff's Apology
This article, which covers a settlement with Maryland’s Frederick County Sheriff Charles Jenkins in a racial bias case, quotes Washington, D.C. Complex Commercial Disputes counsel Brian Whittaker for the firm’s pro bono work on behalf of the plaintiff, as well as a settlement in a previous similar federal lawsuit against the same sheriff. Brian and Washington, D.C. Complex Commercial Disputes senior counsel John Hayes represented the plaintiffs in both cases.Jan 21, 2021 - Washington Blade
Trans student files motion to defend Frederick school policy
This article mentions Washington DC commercial litigation attorneys John Hayes, Brian Whittaker and Ken Nichols for serving as counsel on the motion to intervene in a pending lawsuit against the Frederick County School Board and its policies to prevent discrimination against transgender students in the school system.Oct 23, 2017 - LGBT Weekly
ACLU takes legal action defending rights of Maryland transgender students
This article mentions Washington DC commercial litigation attorneys John Hayes, Brian Whittaker and Kenneth Nichols for serving as counsel on the motion to intervene in a pending lawsuit against the Frederick County School Board and its policies to prevent discrimination against transgender students in the school system.Oct 20, 2017
Admitted to practice
U.S. Supreme Court
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maryland
U.S. Court of Federal Claims
U.S. Tax Court
Education
George Washington University Law School, J.D., with honors, (George Washington University Law Review)
Williams College, B.A.
Professional activities
John Hayes is a member of the District of Columbia, Maryland, and American Bar Associations; The Barristers; the International Association of Defense Counsel; and the Defense Research Institute.
Recognition
John has received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.
Professionals in the Practice Area
View AllJohn Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Daniel J. Hurteau
Office Managing Partner / Deputy Practice Group Leader, Complex Disputes- New York
- Office:+1 518.427.2652
- dhurteau@nixonpeabody.com
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Joseph J. Ortego
Partner / Diversity Partner / Chair, NP Trial® / Leader, Aviation- New York
- Office:+1 212.940.3045
- jortego@nixonpeabody.com
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Carolyn G. Nussbaum
Partner- Rochester
- Office:+1 585.263.1558Mobile:585.766.1480
- cnussbaum@nixonpeabody.com
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Christopher M. Mason
Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team- New York
- Office:+1 212.940.3017
- cmason@nixonpeabody.com
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