DeCotiis

John A. Stone

John Stone is a partner in the Teaneck and New York state offices of DeCotiis.  He joined the firm as a partner in 2008 and is a member of the Litigation and Construction practice groups.

Mr. Stone's practice focuses on complex business matters, including trade secret and intellectual property litigation, unfair competition and tortious interference claims, insurance coverage cases, construction disputes, financial litigation and intra-company disputes, as well as Constitutional claims and Section 1983 cases.  Mr. Stone also litigates claims for injunctive and other equitable remedies in New Jersey's Chancery Division and New York's Supreme Court, Commercial Division. He has tried lender liability, tortious interference, fraudulent conveyance, and oppressed shareholder cases.  His cases include:

• "Put-back" litigation based on fraud, breach of contract and warranty, and failure-to-cure claims arising from multi-million dollar sales of mortgage "pools," pursuant to a Master Purchase and Sale Agreement which governed a Real Estate Mortgage Investment Conduit; and defending a securities fraud suit brought by the New Jersey Bureau of Securities.

• A founder of a pharmaceutical corporation's claims against the management that took over that company after it went public regarding the control, management, and proprietary rights.

• A suit between parties to a pharmaceutical joint venture regarding rights to trade secrets and profits.

• A dispute between the estates of two deceased partners and the remaining partner in a real estate development company regarding management, control and rights to certain properties and profits.

• A suit concerning rights to brands of and profits from clothing lines, including an application for injunctive relief.

• Litigation between an "app" designer and manufacturer, including an application for a TRO.

• Construction delay, negligent design, breach of warranty, breach of contract and wrongful or exaggerated lien claims concerning highway bridge repairs, sewage treatment plant, and commercial office and public school buildings.

• Claims regarding an exclusive insurable interest in, fire insurance proceeds from, and replacement value of a multi-unit apartment building; and suits concerning insurance coverage for a trucking fleet damaged by Hurricane Sandy, advertising injury, and franchisor liability.

• An unconventional and successful undue influence claim for insurance proceeds based on an enabler-beneficiary's control over alcoholic-decedent, and forensic psychiatric analysis, despite decedent's lucidity when naming his beneficiary.

Articles:

Preemption Is No Secret, American Bar Association Litigation Section, Intellectual Property Newsletter (Winter 2014)

Reversal Of Fortune: The Reverse Engineering Defense Under the NJTSA, New Jersey Law Journal, Intellectual Property & Life Sciences Supplement  (September 17, 2012)
 Viability of Theft-of-Idea Claims After Passage of the N.J. Trade Secrets Act, New Jersey Law Journal,  Intellectual Property & Life Sciences Supplement (April 9, 2012),
Managing Discovery to Prevent Fishing Expeditions in Trade Secret Litigation, New Jersey Lawyer Magazine (June 2009/No. 258),
 Sub-Prime Market Crisis Challenges Fiduciaries to Account to Investors; Court Alters Landscape in Which Fiduciaries Operate, New Jersey Law Journal (June 23, 2008), and
Attorneys Fees for the Surety When Surety and Principal Retain Separate Counsel, New Jersey Insurance Law & Regulation Reporter, Volume 3, No. 2 (March 1993).

Education:

Mr. Stone received his B.A. from Franklin & Marshall College in 1982 and his J.D. from the University of Richmond, Virginia in 1985. He has also studied International Law at Cambridge University in Cambridge, England.

Public Speaking:

Mr. Stone has given Continuing Legal Education seminars on the law of trade secrets, trade dress, and theft-of-ideas.

Bar Admissions:

New Jersey (1985), U.S. District Court for the District of New Jersey (1985), U.S. Court of Appeals for the Third Circuit (2005)
New York (1987), U.S. District Court for the Southern and Eastern Districts of New York (1987)

Published Decisions:
New York Pipeline Mechanical Contractors, LLC v Sabema Plumbing & Heating Co., Inc., 2012 WL 209349 (D.N.J. 2012)
American Millennium Insurance Co. v First Keystone Risk Retention Group, 2009 U.S. App. LEXIS 11981 (3rd Cir. 2009)
American Millennium Insurance Co. v First Keystone Risk Retention Group, 2008 U.S. Dist. LEXIS 19619 (D.N.J.2008)
Egan vs. Holmes, 2008 WL 238947 (App. Div. 2008)
Bailey vs. Palladino, 2006 WL 2068136 (App. Div. 2006)
Cacciatore vs. County of Bergen, 2005 WL 3588489 (D.N.J. 2005)
Schundler vs. Donovan, 377 N.J. Super. 339 (App. Div. 2005), aff'd, 183 N.J. 383 (2005)
Rella vs. North Atlantic Marine, Ltd., 2004 WL 2480409 (S.D.N.Y. 2004)
Rella vs. North Atlantic Marine, Ltd., 2004 WL 1418021, 53 UCC Rep. Serv.2d 806 (S.D.N.Y., 2004)
State vs. Township of Lyndhurst, 278 N.J. Super. 192 (Ch. Div. 1994)
Petition of Shearson Lehman Bros. Inc., 594 N.Y.S. 2d 593 (S. Ct. New York County 1993)
In Re Rosen, 151 B.R. 648 (Bkrtcy. E.D.N.Y. 1993)
Waldorf vs. Shuta, 96 F.2d 723 (3rd Cir. 1990)
I.C.C. Industries Inc. vs. GATX Terminals Corporation, 690 F. Supp. 1282 (S.D.N.Y. 1988)

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Contact
John A. Stone
Glenpointe Centre West
500 Frank W. Burr Boulevard, Ste.31

Teaneck, NJ 07666
Email:
Tel: (201) 347-2126 direct
Fax: (201) 928-0588 main
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