John G. Powers is a partner in the Litigation Practice. He litigates complex commercial lawsuits in federal and state court, as well as before administrative tribunals and arbitration panels. Mr. Powers has served as first-chair trial counsel for numerous jury and bench trials in federal and state court in multiple states, as well as in numerous arbitrations.
Mr. Powers represents a wide range of clients including manufacturers, general contractors, municipalities, publicly and privately-held corporations of all types, lenders, and small businesses. He is experienced in product liability litigation, construction litigation, intellectual property and trade secret litigation, and complex contractual and intra-corporate disputes of all types. Based on his litigation experience, Mr. Powers is also able to provide ongoing advice and counsel to firm clients regarding risk management, dispute resolution and dispute avoidance prior to the emergence of litigation. He also mediates commercial disputes for others and has been selected as one of the approved mediators for the Federal District Court for the Northern District of New York. Mr. Powers also serves as local counsel for out-of-state defendants when they are involved in litigation matters in Upstate New York.
Mr. Powers was previously a litigator for Arent Fox LLP, in Washington, D.C., and also previously served as a federal judicial law clerk for two years for the Honorable Frederick J. Scullin, Jr., a District Court Judge for the United States District Court for the Northern District of New York. Prior to becoming an attorney, he served for five years on active duty in the United States Army as an Infantry Platoon Leader, Executive Officer, and Operations Officer in several infantry units earning Ranger, Airborne, and Air Assault qualification, as well as the Combat Infantryman's Badge.
- Defeated a summary judgment motion brought against a small business in a multimillion-dollar trade secret theft case.
- Obtained a defense jury verdict for a medical device manufacturer on a $26 million tortious interference action tried in federal court in the Western District of Pennsylvania.
- Obtained a summary judgment in the Western District of Pennsylvania which dismissed multimillion-dollar antitrust claims. Successfully defended the verdict on appeal to the United States Circuit Court of Appeals for the Federal Circuit.
- Obtained a defense jury verdict for a municipality in an Equal Pay Act action tried in federal court in the Northern District of New York.
- Obtained a preliminary injunction in federal court on behalf of an energy industry manufacturer to prevent a competitor from utilizing misappropriated technical information obtained from a prior employee.
- Obtained a partial summary judgment on the issue of liability for a design-build contractor on a $1.3 million claim by a subcontractor on a construction project on federal military installation.
- Obtained a defense jury verdict for an individual defendant in a sexual harassment action tried in federal court in the Northern District of New York.
- Obtained a voluntary dismissal of a products liability claim brought against a medical device manufacturer in a wrongful death action (venued in Arizona).
- Litigated various products liability cases in New York, California, Alabama, Texas, and Connecticut to successful conclusion via settlement.
- Tried an EPCRA environmental penalty hearing for an energy company before an EPA administrative law judge.
- Obtained a dismissal on behalf of a New York manufacturer of a contract/tort action brought by a Washington distributor in federal court in the Western District of Washington.
- Negotiated a $500,000 environmental liability/site remediation settlement on behalf of a manufacturer for underground contamination in Florida.
- Arbitrated a $6.6 million intracorporate dispute on behalf of a municipal health care cooperative.
- Obtained a Yellowstone injunction for a landfill gas recovery and power generation company, preventing a municipality from terminating a landfill gas use leasehold.
- Obtained a summary judgment of non-infringement on a patent infringement claim brought against a New York manufacturer by a German competitor.
- Litigated various Markman hearings in the Western District of Pennsylvania and the District of Colorado.
- ERBE Electromedizin GmbH v. Canady Technology LLC, 629 F.3d 1278 (Fed. Cir. 2010)
- Brown v. City of Syracuse, 677 F.Supp.2d 576 (N.D.N.Y. 2010)
- Brown v. City of Syracuse, 648 F.Supp.2d 461 (N.D.N.Y. 2010)
- State of New York v. M & E Technical Servs., 2009 WL 2878451 (N.D.N.Y. 2009)
- Parkis v. Microsoft Corp., 2009 WL 1585003 (N.D.N.Y. 2009)
- Lee v. City of Syracuse, 603 F.Supp.2d 417 (N.D.N.Y. 2009)
- Silveira Industries, Ltd. v. Actus Lend Lease, LLC, 2008 WL 5423033 (N.D.N.Y. 2008)
- Actus Lend Lease LLC v. Integrated Building Resources Development LLC, 2007 WL 2362389, N.D.N.Y. 2007)
- ERBE Electromedizin GmbH v. Canady Technology LLC, 529 F.Supp.2d 577 (W.D.Pa. 2007)
- ERBE Elektromedizin GmbH v. Canady, 512 F.Supp.2d 297 (W.D.Pa. 2007)
- Board of Educ. of Liverpool Cent. School Dist. v. Central New York Health Ins. Trust, 28 A.D.3d 1251, 812 N.Y.S.2d 917 (4th Dept. 2006)
- Broome Landfill Gas Associates, LP v. County of Broome, 10 Misc.3d 1022, 806 N.Y.S.2d 388 (Sup Ct., Broome Cty., 2005)
- United Computer Capital Corp. v. Daidone, 2005 WL 579565 (N.D.N.Y. 2005)
- PST Services, Inc. v. Larson, et al., 221 F.R.D. 33 (N.D.N.Y. 2004)
- Conmed Corp. v. Erbe Electromedizin, Gmbh, 241 F. Supp.2d 187 (N.D.N.Y. 2003)
- City of Rome v. Verizon Communications, Inc., 240 F. Supp. 2d 176 (N.D.N.Y. 2003)
- Conmed Corp. v. Ludlow Corp., 235 F. Supp.2d 109 (N.D.N.Y. 2003)
- GA Braun Inc. v. G & A Laundry, Inc., 2000 U.S. Dist. Lexis 14188 (N.D.N.Y. July 30, 2002)
- Harris v. Niagara Mohawk Power Corp., 252 F.3d 592 (2d Cir. 2001)
- In re Cortland Memorial Hospital, B‑286890, March 5, 2001, 2001 Comp. Gen. Proc. Dec. 48
- Conmed Corp. v. Erbe Electromedizin, Gmbh, 129 F. Supp.2d 461 (N.D.N.Y. 2001)
- Toledo Technologies, Inc. v. INA Walzlager Schaeffler Kg, 1999 U.S. Dist. Lexis 13415 (N.D. Ohio 1999)
- Recipient, Pro Bono Service Award, New York State Bar Association (5th Judicial District)
- Recipient, 2011 "Humanitarian of the Year" Award, Vietnam Veterans of America Central New York Chapter #103
- Recipient, 2010 OCBA Distinguished Pro Bono Service Award, Onondaga County Bar Association
- Selected, Upstate - New York, Super Lawyers (2007 – 2011)
- Chair, Onondaga County Bar Association, Veteran's Pro Bono Project
- Chair, Onondaga County Bar Association, Veteran's Legal Clinic
- Chair, ARC of Onondaga, Community Residential Services Subcommittee
- Member, ARC of Onondaga, Board of Directors
- Member, Autism Society of America, CNY Chapter, Board of Directors
- Member, New York State Bar Association, Veterans Pro Bono Committee and Veteran’s Legal Services Subcommittee
- Member, Northern District of New York Federal Court Bar Association
- Member, New York State Bar Association
- Member, Onondaga County Bar Association
- Member, Association of General Contractors of New York State
- Member, CNY Committee for Employer Support of the Guard and Reserve (ESGR)
- Member, Fort Drum Regional Liaison Organization
- Past Member of Board of Directors and Past President, McMahon/Ryan Child Advocacy Center
- Adjunct Professor, Newhouse School of Communications, Syracuse University, Communications Law, Fall Semester 2006
- New York State Bar Association, “Defaults by Owners, Mechanic Lienors and Lenders in Construction Contracts” (2010)
- Lorman Presentation, “Key Issues in Managing Construction Claims and Disputes” (June 2009)
- Lorman Presentation, “Construction Contracting Procurement Methods and Handling of Claims” copresented with Hancock Estabrook partner James Hughes (May 2009)
- Cornell and OCM BOCES Symposium, “An Overview of the Formation and Governance of Municipal Health Consortiums under Article 5-G of the New York General Municipal Law” (2007)
- NDNY FCBA Presentation, “Electronic Discovery in Civil Litigation: Coping with the 2006 Amendments to the Federal Rules of Civil Procedure” (2006)
- OCBA Commercial Law Section, “The Creation and Exclusion of Warranties under the New York Uniform Commercial Code” (2006)
- Risk Management Seminar, “CNY MedTech Presentation” (2006)
- NDNY FCBA Presentation, “Ethics and Professionalism from the Judicial Perspective for Attorneys Who Practice in Federal and State Courts” (2005)
- NDNY FCBA Presentation, “Technology and Modern Civil Litigation Electronic Discovery and the Effective Use of Courtroom Technology - PART III Use of Courtroom Technology at Trial” (2004)
- Onondaga County Bar Association Federal Practice Series CLE Program, “Dispositive Motions and Their Relationship to CM/ECF” (December 2003)
- Onondaga County Bar Association Federal Practice Series CLE Program, “Dispositive and NonDispositive Motions” (December 2002)
- Onondaga County Bar Association Federal Practice Series CLE Program, “Motions to Remand” (May 2002)
- Onondaga County Bar Association Federal Practice Series CLE Program, “Federal Motion Practice – Rule 12” (February 2001)
- “New York Case Notes,” Product Liability Perspectives, ALFA International, Winter 2010, Vol. 6, Issue 1
- “Planning for Forum Selection in Commercial Transactions,” New York State Bar Association Journal, Vol. 78, No. 2, February 2006.
- “Federal Preemption of State Tort Suits Available for "PMA" Medical Devices,” Legal Backgrounder, Vol. 20, No. 20, May 6, 2005.
- “Sexual Harassment: To What Extent Need the Conduct be Sexual in Nature,” NY Litigator, Vol. 8, No. 1, Winter 2003.
- Syracuse University College of Law, summa cum laude, J.D., 1996
- Notes and Comments Editor, Syracuse Law Review
- President, Justinian Honor Society
- George and Evelyn Marcus Award
- Order of the Coif
- Maxwell School of Citizenship and Public Affairs, Syracuse University, MPA, 1996
- United States Military Academy at West Point, B.S., 1988
- District of Columbia
- New York
- United States Court of Appeals (Federal Circuit)
- United States Court of Appeals (Second Circuit)
- United States District Court (District of Columbia)
- United States District Court (EDNY)
- United States District Court (NDNY)
- United States District Court (SDNY)
- United States District Court (WDNY)
- United States Supreme Court
