John Gerstein

Full Profile

John (Jack) Gerstein has a very diverse litigation practice with deep experience successfully litigating matters arising in a wide array of subject areas, including professional liability, complex insurance coverage, toxic torts, antitrust, telecommunications, product liability, intellectual property, securities, commercial fraud and breach of contract, among others. His clients in these areas have ranged from major US corporations to individuals in litigation throughout the country. He has also successfully represented accounting and law firms in major litigation nationwide. Many of Jack's cases involve high dollar figures in controversy and are on the forefront of emerging legal issues. Jack is known for his creative and effective litigation style and has enjoyed an extraordinary record of success in litigated matters.

Jack has represented both plaintiffs and defendants. He has had extreme success, both at the trial level and on appeal. Jack has been consistently recognized by Chambers USA, The Legal 500 and other leading legal rankings and publications. Chambers described Jack as “a fabulous trial lawyer in every sense of the word,” and declared that he has earned a reputation among his peers as being “extremely smart and talented in the court” and having “a great eye for tactics."

Admissions

• District of Columbia
• US District Court for the District of Columbia
• US District Court for the District of Maryland
• US Courts of Appeals for the First, Fourth, Fifth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits
• US Court of Appeals for the District of Columbia Circuit
• Supreme Court of the United States

Education

• J.D., magna cum laude, University of Michigan, 1975. Order of the Coif. Elected to University of Michigan Law Review. American Jurisprudence Book Award in Administrative Law. Case Club Book Award.
• B.A., with high distinction and honors, University of Michigan, 1972. James B. Angell Scholar. Phi Beta Kappa.

Memberships

• American Bar Association
• Defense Research Institute
• Professional Liability Underwriting Society

Experience

Representative experience

• Served as lead trial counsel for the joint defense group that collectively represented more than a dozen insurance companies, who were attacking a USD 500 million agreement with asbestos claimants that led Congoleum to file a pre-packaged bankruptcy. The trial lasted eight months and led to a resounding and nationally publicized victory for the clients and joint defense group.
• Won summary judgment in an Indiana environmental action related to decades of chemical contamination.
• Represented the plaintiffs against a major automobile maker and obtained a record-setting USD 262.5 million jury verdict in 1996 after a five-week jury trial. The case was reported in the Wall Street Journal and featured on CBS News.
• Obtained an USD 87.5 million settlement, serving as plaintiffs’ co-lead counsel on behalf of a group of telecommunication companies in litigation involving telephone rates.
• Represented with co-counsel an insurer client in a lead contamination case alleging hundreds of millions of dollars in damages, winning on summary judgment shortly before trial.
• Represented the owner of a large hotel in a precedent-setting victory against a national hotel chain, in a jury trial of a breach of contract and fraud claim related to franchise mismanagement.
• Defended a prominent accounting firm in a binding arbitration against the FDIC in a USD 70 million case, succeeding in what the FDIC’s counsel termed a “scorched earth nuclear victory.”
• Successfully defended an insurance company against an effort by an insured entity to impose upon it a USD 749 million judgment entered against the insured entity.
• Represented a DSL service provider in an antitrust action against a competing incumbent local exchange carrier for unlawfully maintaining monopoly power in various telecommunications market.
• Represented a telecommunications company in successfully defending a patent infringement dispute related to DSL service.
• Represented patent holders for a method of bonding thermoplastics against former business partners in a case alleging misappropriation of trade secrets and violation of licensing agreements.

Presentations

• "Defending Professionals in Failed Financial Institution Claims," Accountants and Lawyers' 2010 Annual Defense Network Program, Denver, CO, October 2010
• “Asbestos Insurance Litigation,” speech entitled "Revisiting Policy Limits," HB Litigation Conferences, April 2010
• "Winning Strategies from Poker Players and Academics: Learning to Assess and Manage Risk to Your Advantage," American Bar Association, National Legal Malpractice Conference, April 2010
• “Professional Liability Litigation: The FDIC and the New Banking Crisis: Litigation Challenges Past, Present and Future,” Washington, DC, January 2009