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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, including in bankruptcy court, disputes under the Uniform Commercial Code, real property disputes, breach of fiduciary duty claims, business separations, departing partner and employee disputes, and insurance disputes. John also advises clients on how to avoid or compromise disputes or reduce litigation risks. He has defended and resolved hundreds of consumer class action cases. 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 and regularly defends retail companies in accessibility, ADA, and other civil rights and discrimination claims. In addition to the courtroom, John represents clients before administrative bodies including the EEOC, the NLRB, FINRA, and state and city civil rights departments and commissions, 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. Matters include disputes about leasing and property licensing, construction contracts, early start agreements, and project financing.

Business separation and fiduciary duty claims

Litigates claims regarding business separation, breach of fiduciary duty, restrictive covenants, and related business tort claims. Represents both former firms and departing partners and employees. Negotiates separation agreements.

Class actions and discrimination claims

Represents defendants in consumer class actions of all types but particularly in discrimination claims under the ADA, the Civil Rights Act, and state and local equivalents. Litigated and resolved hundreds of discrimination claims, including regarding digital and app accessibility, architectural barriers, and policy modifications. Responds to government investigations. Advises technology clients regarding accessibility requirements for new products, devices, and digital properties.

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

  • Washington, 2022
  • New York, 2003
  • Massachusetts, 2002
  • U.S. District Court, Western District of Washington, 2023
  • U.S. District Court, Northern District of New York, 2018
  • U.S. District Court, District of Massachusetts, 2018
  • U.S. District Court, District of Colorado, 2018
  • U.S. District Court, District of Connecticut, 2015
  • U.S. District Court, Northern District of Illinois, 2012
  • U.S. District Court, Southern District of New York, 2003
  • U.S. District Court, Eastern District of New York, 2003
  • 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
    • Litigation Associate, Paul, Hastings, Janofsky & Walker LLP, New York, 2002-2004
    • Summer Associate, Paul, Hastings, Janofsky & Walker LLP, New York, 2001
    • Law Clerk, U.S. Attorney's Office, District of Columbia, Washington, D.C., 2000
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