John H. Goselin, II
Direct Dial: 770.818.1423
John H. Goselin is a Partner in the firm’s Commercial and Corporate Litigation, Professional Liability and Data Security, Privacy and Cyber Liability practice groups. He is the former Chief Litigation Counsel of a financial services company and managed the entire portfolio of litigation for the company’s four wholly-owned subsidiary broker-dealers.
Mr. Goselin focuses his practice on securities litigation and the representation of registered representatives, broker-dealers, investment advisor representatives and investment advisors in arbitrations, litigation and regulatory matters before the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA) and state regulators. From the unique perspective of a chief litigation counsel seeing the entire litigation portfolio of four broker-dealers, Mr. Goselin has experienced the entire array of legal difficulties that broker-dealers and individual advisors may face from the routine customer suitability claim to a complex ponzi scheme to the challenges of defending matters before state and national regulators in investigations and routine examinations.
In addition, Mr. Goselin has substantial experience representing public and private companies in class action litigation, shareholder and derivative litigation, deal protection litigation, franchise/franchisee litigation, insurance agent, accountant and legal professional liability litigation and general commercial litigation matters. He also represents businesses and financial institutions in regulatory and litigation matters brought by the Consumer Financial Protection Bureau (CFPB).
Mr. Goselin also has substantial experience in defending claims involving ERISA and non-ERISA fiduciary matters. Mr. Goselin's experience includes cases concerning ERISA fiduciaries in defense of DOL investigations and litigation involving 401(k) management, multi-employer pension liability and breach of fiduciary duty claims.
In his cyber practice, Mr. Goselin advises and represents businesses in a variety of matters relating to data security and privacy laws. He has extensive experience helping businesses respond to data breaches and comply with notification laws involving all kinds of information, but with particular expertise with regard to the financial data maintained by financial services institutions. He also represents businesses in litigation matters related to data security and privacy, including lawsuits under federal laws such as the Computer Fraud and Abuse Act, as well as investigations into privacy practices by agencies like FINRA, the SEC and the Federal Trade Commission.
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- Commercial and Complex Litigation
- Business and Professional Liability
- AAA Arbitrations
- Financial Industry Regulatory Authority Regulatory Defense
- Financial Industry Regulatory Authority Arbitrations
- Securities and Exchange Commission Regulatory Defense
- Consumer Financial Protection Bureau Regulatory Defense
- Securities Litigation
- Franchise/Franchisee Litigation
- ERISA Fiduciary and Plan Administration Litigation
- Non-ERISA Fiduciary Litigation
- Georgia Court of Appeals
- Georgia Supreme Court
- Northern District of Georgia
- Middle District of Georgia
- Eleventh Circuit Court of Appeals
- New York
- Commonwealth of Massachusetts
- University of Michigan Law School, Juris Doctor, 1994
- Duke University, B.A., cum laude, 1991
- Co-author, "SEC Targets Investment Adviser Community," Duane Morris Alert, November 12, 2013
- Co-author, "Unprecedented FCPA Wake-Up Call for U.S. Broker-Dealers and Foreign Banks: Has the Perfect FCPA Storm Finally Arrived for U.S. Financial Markets?" Duane Morris Alert, May 14, 2013
- Variable Annuities: Fortuitous Beneficiaries of the Securities Litigation Uniform Standards Act of 1998," Mealey's Emerging Securities Litigation Report, May 2003
- "Controlling Liability in Litigious Times: Strategies for Investment Advisors," Wall Street Lawyer: Securities in the Electronic Age, August 2003
- "In the Wake of the Reform Act, Allegations of Accounting Fraud Receive Increasing Focus in Securities Class Action Complaints," Alston & Bird LLP, Securities Litigation: Forms and Analysis, § 1:04 (West Publishing Co. 2004)
- "Variable Insurance Products: What's on the Horizon," Alston & Bird LLP Insurance Advisory, Winter 2003
- Eric Miller and Platinum Home Care, Inc. v. CareMinders Home Care, Inc., AAA Case No. 30 114 Y 00613 13 (2015). Obtained a full defense verdict on the franchisee’s affirmative claims and a $1,904,385.73 judgment on behalf of a home health care franchisor in AAA arbitration and related proceedings to confirm the arbitration award.
- JMW Coastal Home Care, Inc. v. CareMinders Home Care, Inc., AAA Case No. 30-20-1300-1060 (2016). Represented a home health care franchisor in an AAA arbitration that was ultimately dismissed with prejudice before any arbitration hearing.
- CareMinders Home Care, Inc. v. CM South East Texas Houston, LLC, et al., 11th Circuit Court of Appeals Docket No. 16-11054 (2016). Representing a home health care franchisor before the 11th Circuit Court of Appeals seeking to vacate a $222,497.40 adverse arbitration award in an AAA arbitration where the franchisor had been represented by another firm in the arbitration.
- CareMinders Home Care, Inc. v. Lori Kianka and Compassionate Care, LLC, 11th Circuit Court of Appeals Docket No. 16-10206 (2016). Representing a home health care franchisor before the 11th Circuit Court of Appeals defending and seeking to preserve a $232,789.30 AAA arbitration award in favor of the franchisor.
- CareMinders Home Care, Inc. v. Concura, Inc., et al., 11th Circuit Court of Appeals Docket No. 16-10112 (2016). Representing a home health care franchisor before the 11th Circuit Court of Appeals defending and seeking to preserve a $113,476.00 AAA arbitration award in favor of the franchisor.
- State of Georgia v. David L. Pimper, No. 02CR20276 (2004). Successful defense of registered representative of New York broker dealer in eight day criminal trial in Floyd County, Georgia on charges of violations of the Georgia Securities Act and theft by deception in relation to an investment advisory business.
- Herndon v. Equitable Life Assurance Society, 325 F.3d 1252 (11th Circuit 2003). Significant participation in designing and executing the litigation strategy that resulted in dismissal with prejudice of putative class action claims alleging fraud in connection with the purchase and sale of variable life insurance products. The eleventh Circuit Court of Appeals affirmed the dismissal with prejudice - an issue of first impression in the Circuit.
- Welborn v. Royal Alliance Associates, Inc. et al., Civ. A. No. 1:00-CV-1509 (N.D. Ga. 2002). Significant participation in defending a broker-dealer and their registered representative in multi-faceted litigation including a federal class action pending in the Northern District of Georgia. The motion to dismiss was granted as to nine out of ten causes of action. Successfully opposed Plaintiff's motion for class certification. The plaintiff dismissed his action in favor of pursuing NASD (k/n/a FINRA) arbitrations. The civil portion of this litigation (including the follow-on NASD (k/n/a FINRA) arbitrations) ultimately settled in the range of future defense costs.
- Mindis Acquisition Corporation v. BDO Seidman LLP, 559 S.E.2d Ill (Ga. App. 2002). Significant participation in prosecuting a $44 million negligent misrepresentation trial against an accounting firm. Significant participation in successful appeal from an improper grant of JNOV and successful defense against a cross-appeal regarding the grant of summary judgment dismissing third party indemnification claims.
- In re S1 Corporation Securities Litigation, 173 F.Supp.2d 1334 (N.D. Ga. 2001). Significant participation in defending a federal class action lawsuit alleging misrepresentations in the Company's forward-looking statements. The motion to dismiss was granted. Plaintiffs chose not to amend their complaint and did not prosecute an appeal.
- In re SCB Computer Technologies, Inc. Securities Litigation, 149 F.Supp.2d 334 (W.D. Tenn. 2001). Significant participation in defending a federal class action lawsuit alleging complex accounting fraud issues and restatement of the Company's financial reports. The motion to dismiss was granted with prejudice.
- In re Miller Industries, Inc. Securities Litigation, 120 F.Supp.2d 1372 (N.D. Ga. 2000) Significant participation in defending a federal class action lawsuit alleging complex accounting fraud issues. At the time of this decision, this was the first grant of summary judgment for defendants under the Securities Litigation Reform Act of 1996 in the Eleventh Circuit.
Deal Protection Litigation
- American Realty Capital Trust, Inc.-Represented a Maryland REIT and its officers and directors in the Circuit Court of Baltimore City, New York Supreme Court and the District of Maryland against allegations of breach of fiduciary duty and inadequate proxy disclosure arising from merger with Realty Income Corporation. The transaction closed on schedule.
- American Realty Capital Properties, Inc. – Represented a Maryland REIT and its officers and directors in the Circuit Court of Baltimore City, New York Supreme Court and the District of Arizona in 15 lawsuits challenging three separate mergers alleging that the Company and/or its officer and directors breached fiduciary duties, aided and abetted breaches of fiduciary duties and made inadequate proxy disclosures. The three transactions were valued at more than $15 billion and all three closed on schedule.
- IRT Property, Inc. - Represented a Georgia REIT and its officers and directors in Cobb County, Georgia Superior Court against allegations of breach of fiduciary duty and inadequate proxy disclosure arising from merger with Equity One, Inc., a Florida-based REIT. The complaint alleged that the board of directors obtained an inadequate price for the shareholders. The Court denied the plaintiff's request for expedited discovery and preliminary injunction. The transaction closed on schedule.
- CTI Molecular Imaging, Inc. - Litigation in Tennessee Chancery Court arising from the $1 billion merger of the company with a subsidiary of Seimans A.G. The case was removed to federal court where the court denied the plaintiff's request for a preliminary injunction. The transaction closed at the scheduled date. The case was ultimately dismissed with prejudice without any payment to the plaintiff.
- Renal Care Group, Inc. - Litigation in Tennessee Chancery Court arising from the merger of the company with Fresenius Medical Care A.G.. The plaintiff failed to even seek an injunction. The transaction closed on schedule.
- Ameripath, Inc. - Litigation in Florida state court arising from the $2 billion acquisition of the company by Quest Diagnostics, Inc. The transaction closed on schedule.
- Accredo Health Group - Litigation in Tennessee Chancery Court arising from the acquisition of the company by Medco Health Solutions, Inc. The plaintiff's request for a preliminary injunction was denied. The transaction closed at the scheduled date.
- Scientific-Atlanta Corporation - Litigation in Fulton County, Georgia Superior Court arising from the $7 billion merger of the company with Cisco Systems, Inc. The court denied the plaintiff's motion for expedited discovery and denied the motion for preliminary injunction. The transaction closed at the scheduled date.
- Georgia-Pacific Corporation - Litigation in Fulton County, Georgia Superior Court arising from the $21 billion acquisition of the company by Koch Industries, Inc. The court denied the plaintiff's motion for expedited discovery and denied the motion for preliminary injunction. The transaction closed at the scheduled date.
- "Handling of Financial Institutions Claims in the Midst of Recent Securities Industry Updates and Regulations," PLAN Regional Meeting, New York 2014, June 18, 2014
- “Compliance Roundtable Webcast for Independent Broker-Dealers,” ACA Compliance Group, Webinar, March 18, 2014
- “The 'Wolf' May Be at the Door: SEC Targets Investment Adviser Community, “ West LegalEd Center, Webinar, January 22, 2014
- Speaker, “Current Issues in D&O Coverage,” American Bar Association’s Fifth Annual Institute on Internal Investigations and Forum for In-house Counsel, Washington, D.C., April 25, 2013
- "Six Sigma, the Discovery Process and the Corporate Legal Department," ABA Section of Litigation Annual Conference, May 2009
- Everest National Insurance Company
- Starr Adjustment Services
- CNA Professional Lines
- National Society of Compliance Professionals, 2010-2012, 2013-2014
- American Bar Association, 2000-2006, 2013
- Big Brother/Big Sister of Metro Atlanta, 2006-2009
- Chairperson, Program Committee, 2007-2009
- American Diabetes Association, Father of the Year Council, 2003-2009
- Chairperson, 2005-2007
- Duane Morris LLP
- Partner, 2012-2014
- Cetera Financial Group (formerly ING Advisors Network)
- Chief Litigation Counsel, 2010-2012
- ING North America Insurance Corporation
- Counsel, 2006-2010
- Alston & Bird LLP
- Partner, 2004-2006
- Associate, 1996-2003