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Desktop Image: Magliery, John M.
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John M. Magliery

Partner

T 212.603.6444 New York
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John M. Magliery is a commercial litigator with over 20 years of experience in state and federal court, arbitration, mediation, and before regulatory agencies nationwide. He focuses on getting results; he brings a practical, business-oriented approach to litigation that emphasizes meeting client goals in the most cost-effective manner. John understands the litigation process, and helps clients use it to their advantage, regardless of the subject matter of the dispute. He litigates many general commercial and business tort matters, debtor and creditor matters, disputes under the Uniform Commercial Code, real property disputes, and insurance disputes. John also advises clients on how to avoid or compromise disputes or reduce litigation risks. Representative matters include contract, business tort, payment default, loan workout, labor and employment, consumer protection, accessibility, leasing, construction, and intellectual property disputes. John has extensive experience representing themed entertainment retail attractions. He has defended dozens of companies and digital properties in accessibility claims relating to websites and mobile apps. In addition to the courtroom, John represents clients before administrative bodies including the EEOC, the NLRB, and FINRA, as well as in arbitration before the American Arbitration Association and JAMS.

Practice Highlights

Real Property

Represents clients in all manner of commercial real estate disputes, including financing, development and construction, operating/funding partnership, and leasing matters. Aids lenders in financing disputes, payment defaults, and commercial foreclosure. Represents developers in construction and design defect lawsuits, and represents commercial landlords and tenants in lease disputes. Handles leasing and property licensing, construction contracts, early start agreements, and other transactional matters relating to leasing and construction.

Insurance

Litigates complex insurance and reinsurance coverage disputes in state and federal court and in arbitration concerning workers compensation, professional liability, general commercial liability, and financial products insurance. Litigated asset backed and mortgage back securities representation and warranty breaches before and after the 2008 financial crisis. Provides insurance assessments and advice in procurement.

Themed Retail Entertainment Attractions

360-degree lawyer for themed entertainment attractions, providing advice and counseling, transactional, and litigation services in all of the areas that are important to themed attractions, such as intellectual property, employment, consumer, advertising, and licensing law, making the firm a one-stop shop for retail entertainment attractions.

Commercial Litigation

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Class Action Defense

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Insurance Litigation

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • New York, 2003
  • Massachusetts, 2002
  • U.S. District Court Southern District of New York, 2003
  • U.S. District Court Eastern District of New York, 2003
  • U.S. District Court Northern District of Illinois, 2012
  • U.S. District Court District of Connecticut, 2015
  • U.S. District Court District of Massachusetts, 2018
  • U.S. District Court District of Colorado, 2018
  • U.S. Court of Appeals 2nd Circuit, 2019

Education

  • J.D., Cornell Law School, 2002
    • Jessup Moot Court
  • B.A., Economics, Grinnell College, 1999

Memberships & Affiliations

    • Real Property Section; Litigation Section – American Bar Association
    • New York City Bar Association
    • Themed Entertainment Association

Background

    • Member, 2010-2016; Associate, 2004-2009 – Johnson Gallagher Magliery LLC, New York, N.Y.
    • Litigation Associate, Paul, Hastings, Janofsky & Walker LLP, New York, N.Y., 2002-2004
    • Summer Associate, Paul, Hastings, Janofsky & Walker LLP, New York, N.Y., 2001
    • Law Clerk, U.S. Attorney’s Office, District of Columbia, Washington, D.C., 2000
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