John Houlihan

John A. Houlihan is Co-Chair of the Firm’s Banking and Financial Institutions Litigation Practice Group and represents banks, finance companies, insurance companies, leasing companies and real estate developers in courts and arbitration proceedings across the country.

Over the course of his career, John has developed particular knowledge in auto finance, credit card and mortgage product litigation. John has also defended financial institutions in consumer class actions involving alleged violations of consumer protection and unfair business practices statues in Massachusetts, Rhode Island, New Hampshire, Maryland, California and New York.

Representative Experience :

• Currently leads a team of attorneys representing counterparties in two different derivatives rate swap disputes.
• After a four-day bench trial, a team of attorneys led by John recently obtained a judgment for a national life insurance company dismissing breach of contract and bad faith claims grounded on a dispute over the cash surrender value of a re-instated variable life insurance policy.
• Led a team of attorneys that obtained a settlement of claims alleging a violation of the Fair Housing Act on behalf of an insurer and its managing general agent.
• Led a team of attorneys that obtained the dismissal of claims asserted against a national bank for an alleged violation of the Expedited Funds Availability Act and common law negligence, and subsequently defended the judgment in the First Circuit.
• Led a team of attorneys that obtained a settlement for the Firm’s client in a Massachusetts State Court action in which the plaintiff alleged violations of the Massachusetts Securities Act in connection with the alleged sale of residential mortgage backed securities.
• Led a team of attorneys that obtained the dismissal of claims asserted against a national bank for an alleged violation of the Electronic Funds Availability Act and common law negligence, and subsequently defended the judgment in the First Circuit.
• Led a team of attorneys which achieved a non-class settlement of a putative Massachusetts class action in which the plaintiffs alleged violations of Massachusetts’ Retail Installment Sales Act and the Uniform Commercial Code, Mass. Gen. Laws ch. 106 §9-614 and 9-616 in connection with the calculation of debtor balances following the post-repossession sale of collateral.
• Was part of a team of attorneys that represented a government authority in three related cases that arose in connection with the construction of a commuter rail system in which the authority defended claims for delay and extra work in excess of $200 million. All three cases ultimately settled.
• Obtained a settlement of claims for breach of a purchase and sale agreement and a servicing agreement that arose in connection with the sale of $109 million portfolio of credit card receivables.
• Obtained summary judgment in a New Hampshire federal court action on behalf of an ERISA health and welfare benefit plan charged with wrongfully denying benefits to a plan participant.

Professional Affiliations  :

• Member, American Bar Association
• Member, Boston Bar Association
• Member, Massachusetts Bar Association
• Member, New Hampshire Bar Association
• Member, Rhode Island Bar Association

Education :

• J.D., University of Chicago Law School, 1981
• A.B., magna cum laude, College of the Holy Cross, 1978

Admissions :

• Massachusetts
• New Hampshire
• Rhode Island

Admitted To Practice :

• U.S. District Court for the District of Massachusetts
• U.S. District Court for the District of New Hampshire
• U.S. District Court for the District of Rhode Island
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Fourth Circuit