Day Pitney remains committed to providing quality legal counsel, while protecting our clients and employees, and transforming our communities into more just, equal and equitable spaces. For more information, please visit our  COVID-19 Resource Center  | Racial Justice and Equity Task Force.

C. John DeSimone III

Partner

F: (973) 206 6346
Overview Experience Insights News Education and Credentials Recognition and Community

Overview

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.

Experience

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

News

Education and Credentials

Education
Boston College Law School, J.D., 1997
University of Pennsylvania, B.A., cum laude, 1994
Admissions
State of New Jersey
State of New York
U.S. District Court, District of New Jersey
U.S. Court of Appeals for the Third Circuit
Affiliations
New Jersey State Bar Association
Hudson County Bar Association
Morris County Bar Association, Chancery Practice Committee, 2009-Present
New Jersey Bankers Association, Bank Security Committee, 2006-Present; CFO Committee, 2012-Present
Society of Industrial and Office Realtors, 2010-Present
Community Associations Institute, Education Committee, 2010
New Jersey Land Title Association, 2008 - 2015

Recognition and Community

Recognition

Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Commercial Litigation, 2019-2023

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)

No aspect of these advertisements has been approved by the highest court of any state. See Awards Methodology.

 

Community

The Sound Start Babies Foundation, Trustee and Vice President, 2013-2021