Co-author, July 6, 2023, Day Pitney Alert
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John DeSimone primarily represents clients in both real estate and business litigation matters. His real estate litigation practice includes commercial lease litigation, commercial foreclosures, commercial real estate contract disputes, title disputes, construction litigation, environmental disputes and prerogative writ matters and zoning appeals. John also has served as a land use and zoning attorney and he is outside general counsel for several community associations.
In addition, John counsels clients on business disputes, such as restrictive covenant and trade secret misappropriation suits, employment disputes, director and officer liability matters, and shareholder and partnership litigation. His practice also includes professional claims defense, lender litigation, general commercial litigation matters and business counseling.
John handles appeals in both the state and federal court systems. Additionally, he was an approved mediator under the Superior Court of New Jersey civil mediation program from 2005 through 2013.
Prior results do not guarantee a similar outcome.
Successfully defended a tenant international engineering and environmental services firm in a commercial lease dispute where the amount in controversy was approximately five million dollars; following a two and a half week trial, the jury unanimously returned a "no cause" verdict in the client's favor
Negotiated a multi-million 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
Successfully negotiated a favorable settlement for an industrial tenant at a small fraction of the demand, thereby preventing a bet-the-company outcome
Successfully obtained temporary and preliminary relief upon order to show cause to prevent injury to students from adjacent commercial tenancy
Obtained a multi-million dollar buy-out on behalf of a shareholder in an oppressed minority shareholder action
Won temporary and preliminary relief upon order to show cause on behalf of employer for former employee's violation of non-compete agreement and breach of duty of loyalty
Successfully defended corporate and individual clients against charges of trade secret misappropriation and theft of confidential information
Successfully prosecuted a theft of confidential information and trade secret misappropriation case against business competitor, in the process obtaining various injunctive relief
Won numerous summary judgment motions avoiding the expense and uncertainty of trial
Successfully defended a member of a board of directors of a private company from claims sounding in breach of fiduciary duty and aiding and abetting the misappropriation of trade secrets
Negotiated a favorable settlement for engineers and surveyors accused of negligence, malpractice, and purportedly causing the developer plaintiff's construction delay damages
Successfully prosecuted a transition litigation and construction lawsuit by a condominium association against its developer
Successfully defended persons and corporations subject to enforcement actions by the New Jersey Department of Environmental Protection
Provided business counseling and employment agreement advice to high-level executives and others
Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Commercial Litigation, 2019-2024
Selected to the list of New Jersey Super Lawyers (Thomson Reuters), Business Litigation, 2013-2020
Selected to the list of New Jersey Super Lawyers Rising Stars (Thomson Reuters), Business Litigation, 2006-2007, 2011
AV Preeminent rated by Martindale-Hubbell (LexisNexis)
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The Sound Start Babies Foundation, Trustee and Vice President, 2013-2021
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