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Senior PartnerJohn has extensive experience on a variety of complex business and commercial litigation matters, emphasizing antitrust, unfair trade practices, business torts, securities fraud, intellectual property, administrative law, franchise and distributorship controversies, and contractual disputes. John’s representative clientele includes individuals and a wide range of businesses across a variety of industries, including multi-national farm cooperatives, oil and gas companies, financial institutions, tech companies, franchisors & franchisees, national distributors, publishing companies, airlines, software developers, pharmaceutical companies, restaurant chains, health insurance companies, and manufacturing firms.
Coupled with his litigation background, John also has experience serving as general counsel for a national publishing corporation and membership on the boards of several corporations and non-profit organizations. As a result, he understands the needs of businesses faced with a broad range of complex legal and regulatory issues, and he is well equipped to counsel clients on risk analysis, legal/regulatory compliance, litigation avoidance and management, due diligence, IP protection, and making sound strategic decisions. After law school, John served as law clerk to The Honorable Frank Theis, District Judge for the U.S. District Court for the District of Kansas, and he then worked in private practice in Kansas City at the law firm of Weeks, Thomas & Lysaught. John later joined the law firm of Winstead in Dallas as a shareholder. During his tenure with Winstead, he served as head of the litigation and IP litigation sections. He was general counsel for Travelhost, Inc. before joining Calhoun, Bhella & Sechrest as one of its founding partners. John is board certified in Civil Trial Law by the Texas Board of Legal Specialization and is licensed to practice law in Kansas, Texas, and North Carolina. He has been a member of the Pro Bono College of the State Bar of Texas since 1992 and a member of the North Carolina Pro Bono Honor Society since 2019. In 2021, John was named "Legal Elite,” Outstanding Attorneys, by the Business North Carolina Magazine, and he was named “Legal Elite,” Antitrust Law, by the Magazine from 2022 through 2024. He has been named a Texas Super Lawyer by Super Lawyers® and has been rated AV Preeminent (5/5) for Legal Ability and Ethics by Marquis Martindale-Hubbell Peer Review Ratings for 35 consecutive years. John was awarded the 2017 Marquis Who's Who Lifetime Achiever Award in the legal field. REPRESENTATIVE EXPERIENCE Creation, management of implementation, and ongoing compliance review and monitoring of company-wide processes, procedures, and business/marketing practices for the then largest U.S. travel magazine distributorship, as well as handling all attendant legal/regulatory issues, administrative proceedings, and litigation. Served as outside litigation counsel to world's then largest farmer-owned and operated cooperative in a variety of complex litigation matters, including successfully representing the interests of individual farmer and farm cooperatives in litigation and regulatory proceedings seeking to limit their ability to effectively take advantage of federal rules and regulations designed to enable farmers to compete with large multi-national grain and chemical corporations, as well as successful defense of lawsuit seeking $25 million damages for alleged breach of contract in connection with purchase of output of 2 anhydrous ammonia plants. Represented a variety of clients in U.S. Department of Justice civil and criminal antitrust investigations/proceedings, as well as civil class actions and individual lawsuits, pertaining to price fixing and a variety of other anticompetitive behavior in the oil, dairy, plumbing, food supply, steel, soft drink bottling, and computer product industries - including participation in representing a major oil company in the "Big Eight Case" seeking to massively restructure the country’s petroleum industry. Represented major shareholder of publicly held company in connection with alleged SEC insider trading securities violation resulting in finding of no violation. Managed structuring of statutory framework for establishment of tax-exempt Port Authority Act to entice construction of automobile manufacturing plant in major city in Kansas; development of litigation strategy for obtaining expedited rulings by State's highest court on constitutionality; and active involvement in handling litigation solidifying legality of reconstituted authorizing act and tax exemption provisions enabling project to move forward through fruition. During the savings and loan crisis, oversaw and managed the orderly defense and successful disposition of over 3,500 lawsuits throughout country for and on behalf of banks who acquired the assets of 35 failed thrifts. Served as chief arbitrator of 3-member arbitration panel appointed by U.S. District Judge in dispute involving price redetermination under 4 gas purchase and supply contracts post-deregulation between Mesa Petroleum and Kansas Power & Light. Arbitration award confirmed and adopted by U.S. District Court. Represented client in thwarting regional airline takeover attempt resulting in injunction, removal of airline management, and awarding of right to control of airline to client. Represented regional hospital in dispute with large national health insurance carrier regarding continuing denials of certain hospital reimbursements for services deemed not to be "reasonable and necessary" in violation of applicable federal regulations. Prosecuted numerous state and federal lawsuits on behalf of major client for violations of non-compete agreements, tortious interference, and conspiracy, as well as successfully defending repeated legal challenges to the enforceability of client's non-compete agreements. Represented nationally recognized rare coin dealer/expert in suit against insurance carrier for failure to pay claim for substantial value of stolen coins, as well as participation with client in conjunction with local and federal authorities in LA in sting operation to reclaim stolen coins from Columbian drug ring. Represented architect for Sandra Bullock’s new home on Lake Austin in 8-week trial against home construction contractor (for variety of construction defects and financial malfeasance) who cross-claimed against client, resulting in favorable decisions for Sandra Bullock and client, including award to client of attorneys’ fees for contractor’s frivolous and bad faith claims. Represented manufacturer of surface acoustic wave devices in successful conclusion to suit accusing client of chemical contamination of headers allegedly resulting in malfunctioning of end-user devices and substantial damages to wholesale supplier's customers. Represented numerous clients on both sides in cases involving allegations of unfair competition, DTPA violations, fraud, misrepresentation, breach of fiduciary duties, and various other related business torts. Defended and prosecuted trademark, copyright, and patent infringement lawsuits (food packaging, restaurants, clothing, domain names, computer software, biotech, etc.), as well as cases involving alleged thefts of trade secrets. Trademark cases included successfully defending independent “Get Off You High Horse” clothing company depicting polo rider falling off his horse against trademark infringement claims of Polo, and defending ice cream company sued by Blue Bell asserting exclusive trademark rights for use of term “Homemade Vanilla.” Represented landowners to enjoin potential adverse environmental impacts on clients' property rights, as well as prosecution of inverse condemnation litigation against local and federal governmental agency actions causing substantial diminution in value of clients' property interests without just compensation. Representation of entertainment software client in drafting and reviewing various forms of contracts with Disney and Universal Studios, product terms and warranties, EULAs, etc. |
BAR ADMISSIONS
Texas
Kansas
North Carolina
COURT ADMISSIONS
U.S. District Courts in Kansas, Arkansas, Oklahoma, Texas, and North Carolina
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Tenth Circuit
Supreme Court of the United States of America
EDUCATION
Northwest Missouri State University, B.S., 1969 [Student Union Board President (1967-1969); Blue Key National Honorary Fraternity; and Who's Who at Northwest Missouri State University]
The University of Kansas School of Law, J.D., 1972 [Order of the Coif; Kansas Law Review (Associate Editor)]
SPEECHES AND PROFESSIONAL PUBLICATIONS
NOTE, The Latest Chapter in the Continuing Controversy Regarding Professional Service Corporations - The Roubik Case, 19 Kan. L. Rev. 349 (1970).
COMMENT, Wyman Y. James: Welfare's at the Door, 19 Kan. L. Rev. 486 (1971).
Federal District Court Opinion Digests for Kansas Bar Journal (1978-1982).
State Bar of Texas Professional Development Program, Selected Issues in Law 1989 Analyses -- 1990 Forecast: "The 'SUPERPOWERS' OF THE AGENCIES - The D'Oench, Duhme Doctrine, 12 U.S.C. 1823(e) and the Federal Holder in Due Course Doctrine" (Houston and Austin 1989).
State Bar of Texas Professional Development Program, 13th Annual Advanced Civil Trial Course, "Litigation Involving the FDIC" (Dallas 1990).
Dallas United Nations Association, Human Rights Expo, "The Rule of Law and Human Rights" (Dallas 1990 & 1991).
Texas
Kansas
North Carolina
COURT ADMISSIONS
U.S. District Courts in Kansas, Arkansas, Oklahoma, Texas, and North Carolina
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Tenth Circuit
Supreme Court of the United States of America
EDUCATION
Northwest Missouri State University, B.S., 1969 [Student Union Board President (1967-1969); Blue Key National Honorary Fraternity; and Who's Who at Northwest Missouri State University]
The University of Kansas School of Law, J.D., 1972 [Order of the Coif; Kansas Law Review (Associate Editor)]
SPEECHES AND PROFESSIONAL PUBLICATIONS
NOTE, The Latest Chapter in the Continuing Controversy Regarding Professional Service Corporations - The Roubik Case, 19 Kan. L. Rev. 349 (1970).
COMMENT, Wyman Y. James: Welfare's at the Door, 19 Kan. L. Rev. 486 (1971).
Federal District Court Opinion Digests for Kansas Bar Journal (1978-1982).
State Bar of Texas Professional Development Program, Selected Issues in Law 1989 Analyses -- 1990 Forecast: "The 'SUPERPOWERS' OF THE AGENCIES - The D'Oench, Duhme Doctrine, 12 U.S.C. 1823(e) and the Federal Holder in Due Course Doctrine" (Houston and Austin 1989).
State Bar of Texas Professional Development Program, 13th Annual Advanced Civil Trial Course, "Litigation Involving the FDIC" (Dallas 1990).
Dallas United Nations Association, Human Rights Expo, "The Rule of Law and Human Rights" (Dallas 1990 & 1991).