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John Monica is a member of the firm’s litigation team, where he focuses on commercial litigation, trial work, and antitrust matters.  He also is nationally recognized for his nanotechnology and chemical regulatory expertise.

With over twenty-five years’ experience, John’s practice is concentrated in complex civil, multi-party, class action, and multi-district litigation.  He has a broad range of first-chair responsibility in cases nationwide, as well as first-chair federal appellate experience in the Second, Third, Sixth, and Federal Circuits.  He also advises clients on nanotechnology regulatory compliance and legislative issues and monitors trade association activities to ensure adherence to state and federal laws.

John was also named a top ten expert in environmental, health, and safety issues related to engineered nanomaterials by Nanotechnology Law and Business, peer-reviewed journal.  He is the author of the leading legal reference text in field, “Nanotechnology Law,” co-author of three book chapters, author/co-author of numerous articles regarding nanotechnology legal issues, and an invited speaker at over 30 nanotechnology symposia.

Prior to joining Protorae Law, John was the managing partner of Porter Wright Morris & Arthur LLP’s Washington, D.C. office. John earned his Juris Doctor from George Washington University Law School and his Bachelor of Arts and Sciences from Northwestern University.

Representative Matters

  • Obtaining summary judgment at trial court level and prevailing on Third Circuit appeal in matter involving whether changes in interest rate swap spreads were an appropriate surrogate for use in hedging against changes in commercial mortgage backed security spreads through the use of a forward starting interest rate swap.
  • Defending the nation’s second largest egg producer and owner of 23,000,000 egg laying hens in complex antitrust MDL involving allegations of coordinated supply reduction efforts by egg producers. Defending claims brought under Sherman Act and antitrust and consumer protection laws of 21 states.  Defending two class actions (direct and indirect purchasers) and five “opt-out” cases involving over 20 plaintiff grocery store chains and food service companies.
  • Obtaining summary judgment in trial court and prevailing on Sixth Circuit appeal in litigation involving whether surety for public bridge painting contracts had priority to contract receivables over a contractor’s secured lender purportedly holding a prior U.C.C. Art. 9 security interest. Case involved surety, subrogation, and trust issues.
  • Representing plaintiff/importer of vitamins that received improper tariff treatment from U.S. Customs & Border Protection. Successful resolution in trial court of claims regarding six products.  Prevailing on remaining products on CAFC appeal.
  • Defending aftermarket automobile parts manufacturer in industry-wide antitrust MDL and class actions.
  • Obtaining judgment in secured financing case against charter airline. Taking significant value case from initial filing to eve of trial in under one year.
  • Obtaining summary judgment defending powder paint application system manufacturer in complex in utero chemical exposure litigation. Persuading court on issue of first impression regarding statute of repose applied to disabled litigant.
  • Obtaining dismissal of client in litigation over whether lender was liable for alleged failure to inform commercial borrower that interest rate swap charges would continue to accrue even after borrower defaulted on underlying construction loan and funding ceased.

Publications

  • Book: Nanotechnology Law (Thomson-West-Reuters) 2009, 2010, 2011, 2012, 2013, 2014, 2015, and 2016 editions (forthcoming).  Leading legal reference text in the field, updated yearly.  Available in electronic format on Westlaw.
  • “An Industry-Driven Approach to EHS Issues: ‘The NanoSafety Consortium for Carbon,'” Nanotechnology Law & Business, Nov. 2010.
  • Book Chapter: A Nanotechnology Legal Framework, in Nanotechnology Environmental Health and Safety: Risks, Regulation and Management (Elsevier 2010).
  • Book Chapter: A Nanotechnology Legal Framework, in Nanotechnology Environmental Health and Safety: Risks, Regulation and Management, Second Edition (Elsevier 2014).
  • Book Chapter: A Nanotechnology Legal Framework, in Nanotechnology Environmental Health and Safety: Risks, Regulation and Management, Third Edition (Elsevier 2017).
  • “Examples of Recent EPA Regulation of Nanoscale Materials Under the Toxic Substances Control Act,” Nanotechnology Law & Business, Oct. 2009.
  • “Nano Risk Governance: Current Developments,” Nanotechnology Law & Business, Jul. 2009.
  • Book Chapter: Considerations for Implementation of Manufactured Nanomaterial Policy and Governance, in Nanomaterials Risks and Benefits, Proceedings of the Nato Advanced Research Workshop on Nanomaterials: Environmental Risks and Benefits Faro, Portugal 27-30 APR. 2008, NATO Science for Peace and Security Series C: Environmental Security, (Igor Linkov and Jeffery Steevens eds., Springer 2008).
  • “A Nano-Mesothelioma False Alarm,” Nanotechnology Law & Business, Oct. 2008.
  • “FDA Labeling of Cosmetics Containing Nanoscale Materials,” Nanotechnology Law & Business, Feb. 2008.
  • “Ramping up the EPA’s Nanoscale Materials Stewardship Program,” Small Times Magazine, Vol. 7, No. 5, Sept./Oct. 2007.
  • “EPA’s latest public meeting discusses nanocharacterization specifics,” Small Times Online, Sept. 18, 2007.
  • “EPA’s nano stewardship program concept paper draws response,” Small Times Online, Aug. 10, 2007.
  • “EPA reviews EHS implications of nanotechnology,” Small Times Magazine, Vol. 7, No. 3, May/Jun. 2007.
  • “The perils of pre-emptive regulation,” Nature Nanotechnology, Vol. 2, Feb. 2007.
  • “Preparing for Future Health Litigation: The Application of Products Liability Law to Nanotechnology,” Nanotechnology Law & Business, Feb. 2006.

Presentations

  • Arizona State University, Center for Law, Science and Technology, “The Biggest Issues for the Smallest Stuff: Regulation and Risk Management of Nanotechnology,” Mar. 2011.
  • George Washington University Law School, “Environmental Governance at the Leading Edge of Technology,” Mar. 2011.
  • 2010 NanoMedicine Summit, Cleveland Clinic, Oct. 2010.
  • 2010 New England Nanomanufacturing Summit, University of Massachusetts, Lowell, Jun. 2010.
  • National Cancer Institute, Alliance for Nanotechnology in Cancer – Best Practices, Bethesda, MD, June 2010.
  • Nanotechnology in the Health and Applied Sciences, University of Massachusetts, Amherst, May 2010.
  • NanoBiotech 2009, Rensselaer Polytechnic Institute, Troy, New York, Oct. 2009.
  • Nanotechnology Health and Safety Forum, “Insurance Coverage Issues,” sponsored by Battelle Memorial Institute, University of Washington, and University of Oregon, held in conjunction with International Organization for Standardization TC 229 international meeting, Seattle, Washington, Jun. 2009.
  • Second Annual Conference on Nanotechnology Law, Regulation and Policy, Food & Drug Law Institute, Washington, D.C., Feb. 2009.
  • “Nanomaterials: Environmental Risks and Benefits and Emerging Consumer Products,” sponsored by the North Atlantic Treaty Organization, Faro, Portugal, Apr. 2008.
  • “Nanogovernance 2008, Innovative Approaches to Nanotechnology Environmental Governance,” Washington, D.C., Feb. 2008.  Sponsored by George Washington University Law School, Porter Wright Morris & Arthur LLP, and The Environmental Law Institute.
  • “Government Regulation of Nanotechnology,” Capitalizing on Nanoplastics:  The Technology, Market, and Factors for Commercial and Industrial Success, San Antonio, Texas, Feb. 2008.
  • “Nanotechnology Environmental Health and Safety, Current Regulation and Industry Initiatives,” 3rd Engineered Fine & Nanoparticle Applications Conference, Orlando, Florida, Jan. 2008.
  • “Nanoautomotive Applications and Potential EHS Concerns,” ABCD Motor Credit Association, Jupiter, Florida, Jan. 2008.

LEGAL DISCLAIMER: THE RESULTS OF ALL CLIENT MATTERS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST SUCCESSES DO NOT PREDICT OR GUARANTEE FUTURE SUCCESSES.