Overview
John J. Song is a litigator who represents clients in general commercial matters, as well as class actions and other complex litigations spanning federal and state courts, arbitration proceedings and appeals across the country. His matters have spanned a variety of industries, with a focus on healthcare, consumer products and private equity.
Among other areas of law, John has handled disputes involving breach of contract, ERISA, securities fraud, consumer class action litigation, antitrust and litigation over M&A and corporate control matters. John has experience advising private equity and other corporate clients on transactional matters, including counsel on litigation diligence and regulatory issues.
John also maintains an active pro bono practice. He was a member of both the trial and appellate teams for plaintiffs challenging North Carolina’s voter photo identification requirements under the Voting Rights Act and the US Constitution, invalidating the law after obtaining a total victory in the US Court of Appeals for the Fourth Circuit and successfully opposing certiorari in the US Supreme Court. In addition, he served as trial counsel for an incarcerated client unjustly held in solitary confinement for well over two decades, ultimately negotiating a favorable monetary settlement and a pathway out of solitary for the client on the eve of an anticipated weeklong federal jury trial. He also represents victims of domestic violence in the New York Supreme Court Appellate Division and Queens Family Court.
Results
- Representing a major health insurer in a variety of matters, including arbitration of disputed contract terms, as well as cases involving ERISA, fraud, breach of contract and antitrust claims
- Representing a leading health insurer against multiple hospitals alleging improper reimbursement of certain out-of-network emergency claims in Florida federal court
- Representing a leading health insurer against hospitals alleging improper reimbursement of certain out-of-network emergency claims implicating both Affordable Care Act and ERISA plans in Tennessee federal court
- Represented major health insurer in a number of arbitration disputes brought by one of the largest for-profit hospital systems in the nation alleging underpayment of contracted healthcare claims; after multiple multi-week arbitration hearings and post-hearing briefing, leveraged favorable results to ultimately drive a global resolution of pending arbitrations
- Represented a leading health insurer in lawsuit against large for-profit health system for the health systems’ misrepresentations and breach of contract; after a four-week arbitration and post-hearing briefing, case settled favorably in a global resolution of other disputes and open business issues
- Represented a home textile manufacturer in defense of putative class actions alleging product mislabeling, including successful defense to challenges in multiple courts to class-wide settlement*
- Obtained dismissal on behalf of a foreign mobile gaming company in a securities class action case alleging claims under both the Securities Act and Exchange Act*
- Represented a global bank in lawsuit against hedge fund securing more than $1 billion judgment for fraud and breach of contract claims relating to collateralized debt obligations*
- Represented the directors of a mobile hydraulics manufacturer in stockholder class action arising out of acquisition by controlling stockholder. Case settled on eve of trial for 1.4% of the deal price*
- Represented a technology company and directors in litigation with activist shareholder regarding alleged breaches of fiduciary duty and violation of standstill agreement. After discovery, briefing and trial, and briefing at the appellate level, fiduciary duty claims against directors were dismissed and an ultimate sale of the company proceeded without delay*
- Represented a sports entertainment and hospitality services company against competitor for breach of non-disclosure agreement, and tortious interference with contract. After expedited discovery and on eve of preliminary injunction hearing, case settled favorably on confidential basis*
- Represented a private equity fund and its managing director against claims brought by a disgruntled investor*
*Matter handled prior to joining McDermott
Recognitions
- Best Lawyers: Ones to Watch in America, Appellate Practice and Commercial Litigation, 2023-2015
Credentials
Education
Georgetown University Law Center, JD, 2014
Yale University, BA, Political Science & BA, International Studies, 2011
Courts/Agencies
US District Court for the Eastern District of New York
US District Court for the Northern District of New York
US District Court for the Southern District of New York
Admissions
New York
Languages
English
Mandarin (Spoken)