John Gross has served as lead counsel in federal and state trial and appellate courts, in administrative proceedings and before alternative dispute resolution panels. His clients have included Fortune 100 companies, financial institutions, manufacturers, national and small-town community banks, corporate directors and officers, wealthy individuals and small-business owners.
Mr. Gross has provided compliance advice and counseling in securities, antitrust and fiduciary duty matters. He has represented defendants and plaintiffs in financial fraud claims, contract disputes, business dissolutions, fiduciary duty litigation, shareholders’ class-action litigation, corporate governance disputes, antitrust class actions and internal corporate investigations.
His representations have included the successful defense of an acquirer in an $8 billion corporate acquisition against 18 shareholder suits seeking to enjoin the transaction; one of the nation’s largest pension funds in the federal appeal of a case involving the duties of fiduciaries in the mortgage-backed securities market; a Fortune 500 company’s defense against class-action price-fixing claims; a consortium of major banks’ defense against breach-of-contract claims involving the unconsummated sale of a $60 million portfolio of loans; and agricultural manufacturers in proceedings before administrative law courts, including a trial regarding commodity allocation for a multibillion-dollar private company.
Mr. Gross’ internal investigations practice has included leading a 22-lawyer team in examining financial reporting and management integrity for the audit committee of an exchange-traded company, reviewing assistance provided by the partners of a professional services firm to a client later convicted of fraud, and investigations of possible self-dealing by corporate officers in various industries.
Mr. Gross, general counsel for Taylor English, often speaks at continuing legal education programs. He served as the co-chair of an annual seminar on corporate litigation for 10 years. He was previously a member of the Board of Editors of the Georgia Bar Journal, the official publication of the State Bar of Georgia.
After beginning his career with the New York law firm Sullivan & Cromwell, in 1990 Mr. Gross joined Atlanta’s Powell Goldstein LLP (now Bryan Cave), where he was a partner from 1996 through 2006. He lives in Atlanta with his wife, three daughters, three dogs, two parrots and one turtle.
State Bar of Georgia
Litigation Counsel of America, Fellow
Obtained $1.1 million judgment in securities fraud litigation.
Won motion to dismiss and defeated appeal over plaintiff’s attempt to negate a venue selection clause based on strong Illinois public policy.
- Dismissals of copyright claims and separate state action for international airline client sued over use of architectural plans
Represented major airline in claims brought by former vendor alleging misuse of architectural plans for office space. Won motion to dismiss state-court conversion claims, and in subsequent federal copyright-infringement case based on same underlying facts, conducted discovery and negotiated settlement in which plaintiff dismissed the case with prejudice and with no payments from our client.
Led team defending EMS in arbitration in which claimant sought in excess of $40 million for alleged breach of representations and warranties in connection with its acquisition of a division of EMS. After a two-week hearing, the Arbitrator found for EMS on one of the products in issue and awarded only a fraction of the damages alleged by claimant on the other two products.
Represented defendant accounting firm on claim of accounting malpractice. Obtained dismissal of case before discovery, and case was never re-filed.
Advised Reliance Financial Corporation on its acquisition by merger by Fidelity Information Services (NYSE: FIS). The transaction, which had an aggregate purchase price of $110 million, brought together the world’s largest provider of banking and payments technology and one of the largest independent trust companies in the United States. Assisted with the negotiation and preparation of the Agreement and Plan of Merger and the ancillary documents needed to ...
- "Maintaining Ethics in Business Law," Business Law Boot Camp, National Business Institute CLE SeminarSeptember 16, 2016
- November 20, 2015
- "Professionalism: Bringing Aspirational Ideals to Practice," NBI Discovery Under the New Federal Rules of Civil ProcedureNovember 2015
- "Ethics and Sanctions in eDiscovery," Institute of Continuing Legal Education in Georgia, eDiscovery Nuts and BoltsOctober 2014
- "Expert Reports and Scientific Evidence," and "Authentication, Exhibits and Courtroom Presentation," NBI Applying the Rules of Evidence: What Every Attorney Needs to KnowMay 2014
- "Competition Law: Considerations for the Attorney Advising Growth Companies," ICLE Growth Companies SeminarSeptember 2013
- "Litigation Considerations," The M&A Playbook: Quarterbacking the Deal, Association of Corporate Counsel, Georgia ChapterAugust 2013
- August 13, 2013
- "Internal Investigations and Legal Ethics," Corporate Counsel InstituteDecember 2012
- Government and Internal Investigations
- Litigation and Dispute Resolution
Yale University Law School, JD, 1986
Indiana University, BA, with highest distinction, 1983
Courts & Adjudicative Bodies
Georgia trial courts
Supreme Court of Georgia
Court of Appeals of Georgia
U.S. District Court for the Northern District of Georgia
U.S. Court of Appeals for the 11th Circuit
U.S. Court of Appeals for the 2nd Circuit
Martindale-Hubbell AV® Preeminent™ Peer Review Rated
Georgia Trend Legal Elite, Labor, General Practice Trial Law, 2013