After graduating from law school, Day Pitney litigation partner John DeSimone spent a year clerking for a superior court judge and then three years working as an assistant prosecutor in Hudson County, New Jersey.
The hands-on trial experience sharpened DeSimone's skills in the courtroom, and he learned how to "put together a case" by carefully developing the facts, marshaling the law and then setting a course of action to obtain a desired result.
"That's really the key to successful litigation," DeSimone says. "I can be a tenacious fighter in court, of course, but I can also create a more careful, nuanced approach in order to pursue the client's objective."
As a member of the Litigation department at Day Pitney, DeSimone devotes the majority of his practice to real estate litigation, business litigation and counseling. He also handles other areas, including employment and zoning disputes. The clients he assists range from large companies with international reach to local entrepreneurs and small businesses. No matter the size of the client, DeSimone takes a hands-on approach, with an emphasis on careful planning and creative solutions.
DeSimone has developed strategies to reach favorable results both in and out of court. In one case that went to trial, DeSimone defended a large commercial tenant in a lease dispute where the amount in controversy was approximately $5 million. The jury unanimously returned a "no cause" verdict in the client's favor. In another case, he successfully negotiated a multimillion-dollar settlement for a landlord against a large retail chain that was seeking to avoid paying rent and other financial obligations in connection with various land use approval issues. Both outcomes were the result, in part, of DeSimone reviewing the facts and discussing the strategies and goals with his clients, a practice deeply rooted in his background as a prosecutor.
Stephen Santola, Executive Vice President/General Counsel of Woodmont Properties, appreciates that DeSimone thinks a problem through before giving an answer or choosing a strategy.
"This reflective approach often allows him to come up with novel or unique solutions to complex issues," Santola said. "We retain lawyers to think, not just do, so it's refreshing and comforting for me to know John is deliberating and not just employing a common approach."
In a recent hearing within a larger case, DeSimone's "strategy, preparation and execution were flawless," Santola said, resulting in a successful outcome. "We prevailed mostly due to John's diligence and thoughtful approach."
REAL ESTATE AND COMMERCIAL LITIGATION
Boston College Law School, J.D., 1997
University of Pennsylvania, B.A., cum laude, 1994
Admissions: New Jersey, New York