• John W. McGuinness

    Partner
    Litigation
    jmcguinness@manatt.com
    Download Contact (.vcf)

    Los Angeles
    Direct: 310.312.4270
    General: 310.312.4000
    Fax: 310.312.4224

    Education

    New York University School of Law, J.D., 1999.

    Editor, Environmental Law Journal.

    Sexton Oliva Fellow.

     

    New York University, B.A., 
    magna cum laude
    , 1995.

    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    John McGuinness is a partner with the Litigation Division in the Los Angeles office. He has extensive experience representing corporate and individual clients in high-stakes litigation, enforcement, trial, and appellate matters.

    Mr. McGuinness focuses his practice in the areas of consumer class and individual actions, including mortgage/financial services and data security/privacy, complex commercial litigation, and government enforcement actions.  He also counsels clients in the areas of consumer financial services, privacy, information security, consumer protection, and insurance recovery.  

    Mr. McGuinness's representative engagements include:

    • Counsel for several national retailers in a putative nationwide class action alleging deceptive trade practices and violations of statutory and common law. Utilizing a New York procedural rule that permits defendants on a motion to dismiss to attach documentary evidence that contradicts allegations in the complaint, obtained dismissal on behalf of all defendants.
    • Representing a mortgage originator in a putative class action alleging violations of FCRA and California state law. 
    • Representing several national retailers in putative class actions alleging violations of consumer privacy under California laws.
    • Representing a manufacturer of weight loss supplements and several national retailers in a number of class action lawsuits filed around the United States alleging that the supplements were sold despite knowledge that the products were ineffective in reducing weight and could result in injury.
    • Representing the largest Indian tribe in the United States in a suit involving claims of the mismanagement of tribal trust funds under the custody and control of the United States.
    • Co-lead trial counsel for an international manufacturer and its subsidiary in a multiweek trial against a California state regulatory agency involving claims alleging violations of administrative law and the California state constitution and counterclaims by the regulator for over $200 million in statutory penalties.  Resulted in a highly favorable settlement providing the client with equitable relief from the regulator and with the regulator obtaining less than 1% of its statutory penalties.
    • Member of a trial team in a billion-dollar lawsuit commenced on behalf of a major banking and financial institution client relating to surety bonds on commodities transactions with Enron.  After a month-long trial, a favorable settlement for the client was reached during jury deliberations.
    • Lead litigation and appellate counsel in precedent-setting case arising from interaction between legacy telecommunications access charges and new, IP-enabled technologies.
    • Counsel for an in-store advertising company in an action against a competitor for violations of federal and state antitrust and unfair competition laws.

    Mr. McGuinness is a frequent writer and speaker on class action litigation and consumer financial services, and has been quoted in various publications and news sources, including Forbes magazine and  Bloomberg News.

    Representative Matters

    • Abdelfattah v. Carrington Mortgage Services, LLC.  Pending putative class action litigation brought under the Fair Credit Reporting Act and the California state analogue. 
    • David Shabaz v. Polo Ralph Lauren Corporation.  Putative class action alleging violations of consumer privacy under state statutory and common law, which resulted in favorable rulings on issues of first impression, culminating in federal court approval of one of the first settlements under the Class Action Fairness Act involving a noncash benefit to class members.
    • Held, et al. v. Macy's, Inc., et al. Putative nationwide class action brought on behalf of all members of retailer's rewards program for credit card holders alleging deceptive trade practices and violations of statutory and common law. Through the use of documentary evidence in connection with a motion to dismiss, obtained dismissal of the action in its entirety.
    • Insignia Systems, Inc. v. News America Marketing In-Store, Inc.  Counsel for plaintiff, a small in-store advertising company, in action against competitor for violations of federal and state anti-trust and unfair competition laws.
    • Korn v. Polo Ralph Lauren Corporation.  Putative class action alleging violations of consumer privacy under state statutory and common law, culminating in a successful settlement.
    • Maureena Garcia v. New York & Company Inc.  Litigation of putative class action alleging violations of consumer privacy under state statutory and common law.
    • Navajo Nation v. United States. Suit involves claims of the mismanagement of tribal trust funds under the custody and control of the United States by, among other things, failing to supervise, control, manage, and invest tribal trust funds and resources in a manner that would maximize financial return and by failing to maintain a complete and accurate accounting of all of the trust assets under the custody and control of the United States.
    • Noyola v. Iovate Health Sciences U.S.A. Inc. et al; Hawkins v. Iovate Health Sciences, Inc., et al; Robertson et al v. Iovate Health Sciences, Inc. et al.  Putative class actions filed against a manufacturer of weight loss supplements and several national retailers around the United States alleging that the supplements were sold despite knowledge that the products were ineffective in reducing weight and could result in injury.
    • People of the State of California v. Yamaha USA, et al.  Enforcement action alleging that defendants failed to obtain certification of 2007 model year vehicles, in violation of certain state environmental statutes.
    • Yamaha USA v. California Air Resources Board.  Litigation raising multiple issues of first impression and seeking declaratory and other relief arising from state environmental agency's alleged violation of federal and state constitutional protections, as well as state law, in connection with a certification application filed with that agency.

    Honors & Awards

    Publications

    "Credit Card Fees are Constitutional. But Will They Stay That Way?" Payments Source, March 14, 2014.

    “Swipe Fee Settlement Yields More Litigation,” Antitrust Connect, February 14, 2014.

    Contributing Editor, Manatt's Financial Services Newsletter

    "Just the FACT(A)s: The Latest in FCRA Jurisprudence," Journal of Taxation and Regulation of Financial Institutions, April 23, 2012.

    "Shine-the-Light Law: California's Latest Class-Action Trend," ABA Consumer Rights Litigation, April 17, 2012.

    "Consumer Financial Services Law in Review: 2011's Significant Cases and Emerging Trends," Consumer Financial Servies Law Report, February 13, 2012.

    "Case Study: Anderson v. Hannaford Brothers," Law360, November 7, 2011.

    "The State Supreme Court Shakes It Up for Retail Businesses," Los Angeles Daily Journal, February 16, 2011.

    "Investor-Driven Litigation against the Credit Rating Agencies,” The Review of Securities & Commodities Regulation, January 2011.

    "Using E&O Insurance in Foreclosure Litigation," Law360, December 22, 2010.

    "Insurance Coverage in Consumer Class Actions," The Corporate Counselor, October 6, 2010.

    "California's Song-Beverly Credit Card Act: the past, present and future," BNA Privacy and Security Law Report, July 26, 2010.

    "From Climate Change Suits to Data Breach Claims,” Connecticut Law Tribune, November 23, 2009.

    "Settling Class Actions: Alternatives to Coupon Settlements after CAFA," Class Action Litigation Reporter, February 19, 2009.

    Memberships & Activities

    Admitted to practice in the states of California, New York and the District of Columbia.

    Admitted to practice before the U.S. District Court, Northern and Central Districts of California; U.S. District Court, Eastern and Southern Districts of New York; the U.S. Court of Appeals for the First and Second Circuits; and the U.S. Court of Federal Claims.

    Co-Chair, CGL Subcommittee of the ABA Section of Litigation Insurance Coverage Litigation Committee.

    Member, American Bar Association.

    Member, Los Angeles Bar Association.

    Member, San Diego Bar Association.

    Member, International Association of Privacy Professionals.

    Speaking Engagements

    Speaker, Bridgeport's 15th Annual Class Action Litigation Conference, September 17, 2014.

    Speaker, Bridgeport's Consumer Class Action Litigation Conference, April 10-11, 2014.

    Webinar speaker, “The California Homeowners Bill of Rights: What Does It Mean For Your Business?” January 31, 2013.

    Speaker, 2012 CFPB and Top Regulatory and Enforcement Issues Conference, April 24, 2012.

    Speaker, West Coast Mortgage Lending and Servicing Today Conference, April 11, 2011.

    Panelist, “Defending Against the Latest Investor Lawsuits and Claims.” ACI’s 5th National Advanced Forum on Residential Mortgage Litigation and Regulatory Enforcement, October 19, 2010.