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John Stokes

Partner

John Stokes

  • Yale, J.D. (2014)
  • Harvard, A.B. (2011)

John Stokes is one of the nation’s leading young trial and appellate lawyers—brought in to handle problems requiring the highest levels of strategy and execution. John helps his clients win in trial courts, the federal courts of appeals, and the U.S. Supreme Court alike.

Before his January 2023 promotion to partner, John was one of only two associates in America ranked by Chambers USA for appellate litigation. Chambers has described him as “excellent,” noting that his “writing is clear, accurate, persuasive and forceful,” and that his “arguments draw you in and make you want to agree.” John’s work helped the firm become a mainstay on The National Law Journal’s Appellate Hot List (four awards in six years), as well as the shortlist for The American Lawyer’s National Boutique of the Year (two awards in four years).

John routinely handles the most difficult and important aspects of his clients’ cases—no matter the stage. This could involve pre-litigation strategy, where he has helped design nationwide litigation campaigns to address existential business threats or capitalize on major litigation opportunities. It could involve critical trial court motion practice, where he has successfully argued numerous dispositive and post-trial motions. Or it could involve appeals before the federal circuit courts or the U.S. Supreme Court, where he has successfully litigated dozens of cases.

With the ability to quickly master any fact pattern and area of law, John is able to lead virtually any significant business dispute. He has represented clients in cases involving copyright, trade secret, false advertising, defamation, patent, civil procedure, arbitrability, pension, healthcare, fiduciary responsibility, civil rights, constitutional law, contract, and tort. He is nationally ranked for plaintiff’s side ERISA litigation by Chambers USA.

John received his J.D. from Yale Law School. After law school, he served as a law clerk to the Honorable Raymond C. Fisher on the Ninth Circuit and the Honorable Paul G. Gardephe in the Southern District of New York.

John received his undergraduate degree in linguistics from Harvard University, where he graduated summa cum laude and Phi Beta Kappa.

Overview

John Stokes is one of the nation’s leading young trial and appellate lawyers—brought in to handle problems requiring the highest levels of strategy and execution. John helps his clients win in trial courts, the federal courts of appeals, and the U.S. Supreme Court alike.

Before his January 2023 promotion to partner, John was one of only two associates in America ranked by Chambers USA for appellate litigation. Chambers has described him as “excellent,” noting that his “writing is clear, accurate, persuasive and forceful,” and that his “arguments draw you in and make you want to agree.” John’s work helped the firm become a mainstay on The National Law Journal’s Appellate Hot List (four awards in six years), as well as the shortlist for The American Lawyer’s National Boutique of the Year (two awards in four years).

John routinely handles the most difficult and important aspects of his clients’ cases—no matter the stage. This could involve pre-litigation strategy, where he has helped design nationwide litigation campaigns to address existential business threats or capitalize on major litigation opportunities. It could involve critical trial court motion practice, where he has successfully argued numerous dispositive and post-trial motions. Or it could involve appeals before the federal circuit courts or the U.S. Supreme Court, where he has successfully litigated dozens of cases.

With the ability to quickly master any fact pattern and area of law, John is able to lead virtually any significant business dispute. He has represented clients in cases involving copyright, trade secret, false advertising, defamation, patent, civil procedure, arbitrability, pension, healthcare, fiduciary responsibility, civil rights, constitutional law, contract, and tort. He is nationally ranked for plaintiff’s side ERISA litigation by Chambers USA.

John received his J.D. from Yale Law School. After law school, he served as a law clerk to the Honorable Raymond C. Fisher on the Ninth Circuit and the Honorable Paul G. Gardephe in the Southern District of New York.

John received his undergraduate degree in linguistics from Harvard University, where he graduated summa cum laude and Phi Beta Kappa.

Representative Matters

Trial Court

Whinstone v. Rhodium

John is serving as lead counsel for Rhodium, an industrial-scale bitcoin miner, in pending bet-the-company litigation against Whinstone, a subsidiary of publicly traded bitcoin miner Riot Platforms. After successfully compelling the case to arbitration, John secured two temporary injunctions preventing Whinstone from shutting down Rhodium’s operations.

Fairbairn v. Fidelity Charitable

John played a central role—including arguing the dispositive motions and delivering closing argument following a six-day federal bench trial—in this pathbreaking case challenging the fire-sale liquidation of philanthropists’ $100 million stock donation (New York Times article).

Grasshopper v. Clean & Sober Media

John served as the lead author of post-trial (and appellate) briefs in the successful defense of this $180 million false advertising litigation, which the Daily Journal named a Top Defense Result of 2021. Following an adverse jury verdict on liability and a subsequent bench trial, the judge requested submissions from the parties regarding the damages and other relief to be awarded. John’s briefing convinced the judge that the plaintiff had acted with unclean hands and had not proved causation.

Oliver v. Cohen

In an eight-figure defamation case arising from a hotly disputed city council election, John won complete pleading stage dismissal of a contribution claim against his client. The other individual defendant was ultimately hit with a $5 million judgment following trial.

Parties confidential

On behalf of a Fortune company, John led the design of a nationwide litigation campaign to stop certain persistent illegal payment practices that presented a significant challenge to the client’s business.

Appellate

Harrison v. Envision

John successfully briefed and argued this major Tenth Circuit appeal about the enforceability of individual arbitration agreements in representative actions brought under ERISA. The case will determine “workers’ access to remedies in court for a vast array of ERISA claims,” and could mark a “major shift” in the regulation of employee benefit plans. John served as lead author of briefing in an earlier appeal presenting a similar issue, obtaining a Seventh Circuit victory that Law360 identified as one of the top five benefit rulings of 2021.

Sullivan-Mestecky v. Verizon

John successfully argued this precedent-setting appeal in the Second Circuit, defining the scope of remedies available under ERISA. He then litigated the case on remand to a favorable resolution in the district court.

Fourth Estate v. Wall-Street.com

John served as the lead author of the briefs and second chair at oral argument in this major copyright case before the U.S. Supreme Court. The firm won a unanimous victory that Managing IP named its “Impact Case of the Year.”

Green v. Aranas

John successfully argued this civil rights appeal in the Ninth Circuit involving a novel procedural issue of federal law. He was appointed by the Ninth Circuit to represent Mr. Green, prevailing against the Nevada Attorney General’s office on a notoriously difficult issue for federal civil rights plaintiffs.

Rozo v. Principal Life Insurance

As lead author of the briefs, John persuaded the Eighth Circuit to reverse the grant of summary judgment in this nine-figure certified class action concerning guaranteed investment contracts.

Cintas v. Hawkins

John served as lead counsel before U.S. Supreme Court in this case presenting a significant question about the arbitrability of ERISA representative actions. Facing an elite Supreme Court team and despite the predictions of industry watchers, John persuaded the Court to deny certiorari.

Awards

Recent Individual Honors

  • Up and Coming, Appellate Litigation (California), Chambers USA (current)
  • Up and Coming, ERISA Plaintiffs Litigation (Nationwide), Chambers USA (current)
  • Litigator of the Week, runner up, Am Law Litigation Daily (2023)

Recent Firm Honors

  • National Boutique of the Year, finalist (7 firms in America), The American Lawyer (20192022)
  • Appellate Hot List (20 firms in America), National Law Journal (2016201820192021)
  • Band 1, ERISA Plaintiffs Litigation (3 firms in America), Chambers USA (current)
  • Band 2, Appellate Litigation (9 firms in California), Chambers USA (current)

Clerkships

  • Hon. Raymond C. Fisher, U.S. Court of Appeals for the Ninth Circuit
  • Hon. Paul G. Gardephe, U.S. District Court for the Southern District of New York

Admissions

State

  • California

Federal

U.S. Supreme Court

First Circuit

Second Circuit

Third Circuit

Sixth Circuit

Seventh Circuit

Eighth Circuit

Ninth Circuit

Tenth Circuit

Federal Circuit

Central District of California

Northern District of California

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