John C. Hayes, Jr.

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. He also handles appeals, winning precedent-setting cases on behalf of his clients. John represents companies in numerous jurisdictions throughout the United States.

What do you focus on?

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.

What do you see on the horizon?

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.

Settlement in Racial Bias Case Includes Sheriff's Apology

The Associated Press | January 21, 2021

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.


John C. Hayes, Jr.

Senior Counsel

Washington, DC

Phone: 202-585-8345

Fax: 202-585-8080

George Washington University Law School, J.D., with honors, (George Washington University Law Review)

Williams College, B.A.

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 the District of Columbia

U.S. District Court, District of Maryland

U.S. Court of Federal Claims

U.S. Tax Court

John has received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.

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.

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