John F. Gianola
John represents businesses of all shapes and sizes in Federal and state courts. With a special emphasis on complex litigation and business disputes, he regularly handles matters involving construction and real estate projects, energy development, employment, and corporate disputes. In addition to his time spent litigating, he frequently helps businesses and their principals develop and navigate strategies to minimize their litigation expense and risk. He is known for practical advice and cost-saving strategies that prioritize his clients’ goals and bottom line. He frequently works hand-in-hand with Lewis Gianola’s corporate attorneys to help anticipate and avoid liability exposure. Finally, given his experience, John is often asked to assist with complex appeals, including drafting and advising on amicus briefs.
Education
Community Involvement
In addition to his legal work, John serves as a Councilman for Ward 16 on the Charleston City Counsel and as a member of the Charleston Land Reuse Agency. He is a board member of the South Hills Youth Lacrosse, Inc., a non-profit entity dedicated to expanding youth lacrosse in West Virginia. He is also a Board member of the New Eden Cemetery Association in Monongalia County.
John’s Other Interests
John lives in Charleston with his wife, Amanda, and their four sons, where he divides his free time between youth sports and Mountaineer sports.
Bar and Court Admissions
Professional Affiliations
Recent Representative Matters
John recently concluded a complicated “corporate divorce” that involved a three-way fight between shareholders across multiple lawsuits in multiple state courts as well as two separate bankruptcy filings and an adversarial proceeding in bankruptcy court. The case resolution required both a sophisticated litigation strategy as well as complex corporate and real estate transactions to effectuate a settlement for his client.
John previously represented a local public entity in a construction dispute that involved not just millions of dollars of planned infrastructure, but also the removal of coal off government property and disputes over both the construction contract and alleged violations of state environmental regulations.
John recently defended a West Virginia company with hundreds of employees in a putative collective wage action.
John recently represented a college athlete and succeeded in obtaining a preliminary injunction against the National College Athletic Association to help protect his client’s interest in transferring to the school of his choice and protecting his economic interests related to his name, image, and likeness.
Presentations
Publications
Business organizations, operation, and compliance
Using his experience litigation on behalf of businesses, John often assists in advising business organizations on their structure, operations, and policies and procedures to limit there litigation exposure and risk.
Community and Homeowners Associations
Unfortunately, real estate matters often quickly end up in litigation. That is especially true for matters involving community and homeowners associations. John regularly represents both community and homeowners associations as well as homeowners in complex questions involving real estate, easements, and violations of covenants.
Employment Law Compliance and Disputes
Employees often represent one of the biggest legal issues for a business. In today’s world, employment law and disputes often take the forms of litigation in state or federal courts under a myriad of rules, regulations, and contractual provisions. John regularly litigates such matters on behalf of businesses of all sizes.
Commercial and residential real estate
Unfortunately an increasingly large percentage of commercial and residential real estate projects end up in litigation. John’s experience in both litigation and real estate law means he frequently represents parties involved in real estate disputes.
Business and complex commercial litigation
Business and complex commercial litigation is the heart of John’s practice. It takes someone who sees issues not just from a legal perspective, but also from a business owner’s perspective to successfully navigate business and complex commercial litigation for clients. John’s unique experience means that he can hit the ground running with any business or complex commercial litigation matter and advise clients not just how to resolve them, but how to avoid them altogether going forward.
Energy Transactions and Development
Energy transactions and development exist at the intersection of corporate, construction, and real estate law. And just as in those other areas of law, energy projects often find themselves bogged down in litigation. John helps clients navigate their way through to resolution quickly in a cost-effective manner and get projects back on track.
Bankruptcy and Collections
The possibility of bankruptcy looms over every large complex litigation. Being able to navigate bankruptcy court is vital in large cases whether you represent plaintiffs or defendants. Even if bankruptcy is never filed sophisticated litigation strategies must account for it. John’s experience in bankruptcy court and adversarial proceedings means that bankruptcy is not just an afterthought, but is considered from the get-go and reevaluated as the case progresses; there is no better way for a litigator to protect a client’s interests.
General Litigation / Local Counsel
John has practiced in West Virginia for over a decade in both federal and state courts. Over the years he has seen and handled almost everything. Given his breadth of experience in court, he is frequently consulted by other attorneys looking for experience in unique or complex situations.
John also provides assistance for regional and national law firms in need of experienced local counsel in West Virginia courts and serves as local counsel for Fortune 500 companies and AmLaw 100 law firms.
When you are faced with legal issues that threaten the future of your career, personal life, business, or other interests, John F. Gianola will provide the trusted guidance and advocacy you need to resolve those matters and move forward. Contact WV litigation attorney John Gianola to schedule a consultation by calling (304) 291-6300 or completing Lewis Gianola PLLC’s online contact form.
