John R. Gerstein

Partner

Washington, D.C.
Business Phone: 202.662.2009
Business Fax: 202.654.5814

jack.gerstein@troutmansanders.com

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Jack’s diverse litigation practice spans the areas of professional liability, insurance, toxic torts, antitrust, telecommunications, product liability, intellectual property, securities, commercial fraud, and breach of contract, among others. His clients in these areas range from major U.S. corporations to individuals in litigation throughout the country. He also regularly represents law firms and accounting firms in major litigation, nationwide. Many of his cases involve large dollar figures in controversy and are on the forefront of emerging legal issues. Jack is known for his creative and aggressive litigation style and has enjoyed an extraordinary record of success in litigated matters. To date, he has been fortunate not to lose any case that he has tried.

Jack has represented both plaintiffs and defendants. He has achieved a large number of victories, both at the trial level and on appeal. In Chambers USA 2007, Jack was described as “a fabulous trial lawyer in every sense of the word,” and has earned a reputation amongst his peers as being “extremely smart and talented in the court.” In Chambers USA 2008, Jack was further described as being “extremely talented at questioning witnesses” and having “a great eye for tactics."

Representative Experience

Served as lead trial counsel for the joint defense group that collectively represented more than a dozen insurance companies, who were attacking a $500 million agreement with asbestos claimants that led Congoleum to file a pre-packaged bankruptcy. The trial lasted eight months and led to a resounding and nationally publicized victory for the clients and joint defense group.

Won summary judgment in an Indiana environmental action related to decades of chemical contamination.

Represented the plaintiffs against a major automobile maker and obtained a record-setting $262.5 million jury verdict in 1996 after a five-week jury trial. The case was reported in the Wall Street Journal and featured on CBS News.

Obtained an $87.5 million settlement, serving as plaintiffs’ co-lead counsel on behalf of a group of telecommunication companies in litigation involving telephone rates.

Represented with co-counsel an insurer client in a lead contamination case alleging hundreds of millions of dollars in damages, winning on summary judgment shortly before trial.

Represented the owner of a large hotel in a precedent-setting victory against a national hotel chain, in a jury trial of a breach of contract and fraud claim related to franchise mismanagement.

Defended a prominent accounting firm in a binding arbitration against the FDIC in a $70 million case, succeeding in what the FDIC’s counsel termed a “scorched earth nuclear victory.”

Successfully defended an insurance company against an effort by an insured entity to impose upon it a $749 million judgment entered against the insured entity.

Represented a DSL service provider in an antitrust action against a competing incumbent local exchange carrier for unlawfully maintaining monopoly power in various telecommunications market.

Represented a telecommunications company in successfully defending a patent infringement dispute related to DSL service.

Represented patent holders for a method of bonding thermoplastics against former business partners in a case alleging misappropriation of trade secrets and violation of licensing agreements.

Presentations and Speaking Engagements

October 2010: Accountants and Lawyers' 2010 Annual Defense Network Program, "Defending Professionals in Failed Financial Institution Claims." Denver, CO.

April 2010: HB Litigation Conferences “Asbestos Insurance Litigation,” speech entitled "Revisiting Policy Limits."

April 2010: American Bar Association, National Legal Malpractice Conference, "Winning Strategies from Poker Players and Academics: Learning to Assess and Manage Risk to Your Advantage."

January 2009: “’Professional Liability Litigation,’ The FDIC and the New Banking Crisis: Litigation Challenges Past, Present and Future.” Washington, DC.

December 1995: District of Columbia Bar CLE, Advanced Litigation Series, speech entitled "Avoiding Litigation Malpractice - The Nuts and Bolts." Washington, DC.

July 1994: American Bar Association Presentation, "Defense of Claims Against Attorneys in Financial Institution Litigation." Washington, DC.

October 1993: Defense Research Institute Symposium on Litigation Involving Accountants, Directors and Officers, Attorneys and Failed Financial Institutions, speech entitled, "Defendants' Discovery Strategies, Tactics and Techniques in an Accounting Malpractice Case Arising from a Financial Institution's Failure." Boston, MA.

September 1993: District of Columbia Bar CLE Seminar, presentation entitled, "Utilizing Accountants and Other Financial Experts to Assess Financial Issues with Respect to Directors and Officers Liability and Professional Liability Cases." Washington, DC.

February 1993: Inside Litigation, INSIGHT article entitled, "Defense Counsel Should Attack Causation in Bank Failure Cases."

April 1992: Defense Research Institute Symposium on Litigation Involving Accountants, Directors and Officers, Attorneys and Failed Financial Institutions, speech entitled, "Defendants' Discovery Strategies, Tactics and Techniques in an Accounting Malpractice Case." Chicago, IL.

March 1992: Andrews Publications, Major Issues in Failed Bank and Thrift Litigation Seminar, speech entitled, "A Comprehensive Look at Accountant Liability Developments." Washington, DC.

October 1991: American Bar Association Annual Meeting, Litigation Section, Panel Member on Recent Developments in Securities Litigation, speech entitled, "Developments on the D&O Coverage Front." Chicago, IL.

April 1986: AICPA, Malpractice Prevention and Risk Management, speech entitled, "Handling the Defense." New York, NY.

October 1985: Maryland Association of CPAs, conducted seminar entitled, "Avoiding Malpractice Claims." Baltimore, MD.

Other Distinctions
Recognized as one of America's Leading Lawyers for Insurance Law by Chambers USA (2007-2011).

Selected for inclusion in Law & Politics’ Washington DC Super Lawyers (2009-2011).

Selected for Washington, DC Super Lawyers in Business Litigation, Intellectual Property, and Professional Liability Defense (2007, 2008).

Selected for The Best Lawyers in America in Commercial Litigation (2008-2012).

Selected as a “Lawdragon 3000” Leading Lawyer (2007).

Work Experience
Partner, Troutman Sanders LLP, 2009 – Present
Partner, Ross, Dixon & Bell, LLP, 1983 – 2008
Member, Casey, Scott & Canfield, P.C., 1981 – 1983
Associate, Hogan and Hartson, LLP, 1975 – 1981

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Education

  • University of Michigan, J.D., magna cum laude, 1975
    Order of the Coif
    Elected to University of Michigan Law Review
    American Jurisprudence Book Award in Administrative Law
    Case Club Book Award
  • University of Michigan, B.A., with high distinction and honors, 1972
    James B. Angell Scholar
    Phi Beta Kappa


Bar Admissions

  • 1975 District of Columbia


Court Admissions

  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Maryland
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Supreme Court


Memberships

  • American Bar Association
  • Defense Research Institute
  • Professional Liability Underwriting Society