John Jo is a business litigator who counsels and advocates for clients in a variety of business disputes, such as breach of contract matters, insurance coverage disputes, tortious interference claims, intellectual property matters and other business-related litigation. He has experience in all aspects of dispute resolution, from pre-litigation risk management and settlement negotiations, to litigation in federal and state court and to appeals to the state and federal appellate courts.
John also focuses his practice on insurance coverage and health care matters. John represents both policyholders and insurance companies with respect to coverage under a variety of commercial insurance policies, including directors and officers, representations and warranties, cybersecurity, commercial general liability and crime/employee dishonesty policies. John also works with hospitals and providers on, among other things, acquisitions, provider employment agreements and regulatory compliance (including under the No Surprises Act).
John joined Smith Anderson in 2006 after graduating with honors from Duke University Law School. He currently serves on Smith Anderson’s Recruiting Committee. He also enjoys serving the community through volunteering with non-profit organizations, particularly those that benefit children and families in North Carolina.
Areas of Focus
- Best Lawyers®, Commercial Litigation (2022-2024)
- North Carolina Super Lawyers (2019-2021, 2023), Rising Star (2012-2016)
- Hot List - Southern Region, Lawyers of Color (2014)
- Duke University Law School, J.D., cum laude, 2006
- Duke University, B.A., cum laude, 1996
Bar & Court Admissions
- North Carolina
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of North Carolina
- North Carolina Bar Association
- Appointed Council Member, Litigation Section (2015-2021)
- Appointed Council Member, Insurance Law Section (2016-2019)
- Wake County Bar Association
- Member, Board of Directors, Prevent Child Abuse, North Carolina Inc. (2017-2019)
- NC Healthy Start Foundation (2014-2017)
- Member, Board of Directors
- Chair, Governance Committee (2015-2017)
- Volunteer Lawyers Program, Legal Aid of North Carolina
- Volunteer Mentor, Boys and Girls Club of America (2012-2013)
- Represented an insurance company in a coverage dispute with a state guaranty association for over 40 claims originally insured by an insolvent third party insurer. Nearly half of the claims were dismissed in favor of our client on an early pre-trial motion, and the remaining claims were resolved to the mutual satisfaction of the parties.
- Regularly represent policyholders in all aspects of insurance coverage issues, including working with brokers to negotiate insurance policy terms and obtain tail coverage, analyzing coverage for potential claims, providing notice of claims or potential claims, disputing carrier’s denial or reservation of rights, and litigating insurance coverage disputes.
Defended former director of insolvent corporation against claims of breach of contract, fraud, and unjust enrichment brought by corporation’s supplier, who also attempted to pierce the corporate veil to hold director individually liable for claims against corporate entities. Obtained pre-discovery dismissal of all claims in federal court, which was affirmed on appeal by the United States Court of Appeals for the Fourth Circuit.
- Successfully defended a commercial lender in an action brought by guarantor on a series of construction and business loans in default, including claims for breach of fiduciary duty, fraudulent concealment, and unfair and deceptive trade practices arising from the lender’s alleged failure to uncover and disclose embezzlement by borrower. Pre-discovery dismissal of the guarantor’s lawsuit was affirmed by the N.C. Court of Appeals.
- Successfully obtained a dismissal of a lawsuit filed by a client’s former employee, asserting False Claims Act and tort claims based on allegations that the employee was constructively discharged for reporting an alleged theft of government property. The U.S. District Court for the Eastern District of North Carolina dismissed the lawsuit prior to discovery, and the Fourth Circuit unanimously affirmed after oral argument. The U.S. Supreme Court denied the plaintiff’s petition for review after the filing of a brief in opposition to the petition.
- Represented a policyholder in a declaratory judgment action filed in federal court by an insurance company denying coverage for a collapsed building under a property policy. Obtained a settlement prior to discovery.
- Represented an insurance company in federal court in a dispute with a policyholder and its lender regarding coverage for an allegedly stolen aircraft.
- Defended a soft drink bottler against claims for breach of an alleged long-term requirements contract brought by a cooperative of soft drink bottlers. The case was resolved by confidential settlement after a week-long trial in the U.S. District Court for the District of South Carolina.
- Represented a client in a dispute with a subcontractor’s insurance carrier who denied coverage under an additional insured endorsement for multiple wrongful death lawsuits arising from a subcontractor’s work.
- Defended general partners of a real estate development partnership against claims by minority partners following the sale of real property owned by the partnership.
- Successfully defended a survey research organization by obtaining a pre-trial dismissal of a claim alleging violation of the Telemarketing Sales Rule. Dismissal was affirmed by the N.C. Court of Appeals.
- Smith Anderson Achieves All Time Highs for Attorneys Recognized by Best Lawyers® in Three CategoriesBest Lawyers®News
- Bloomberg Tax, Law360, N.C. Chamber and Insurance JournalNews
- North Carolina Super Lawyers® Selects 30 Smith Anderson Attorneys for Recognition, With One Landing in the Top 100!Super LawyersRecognition
- Best Lawyers® and Best Lawyers: Ones to Watch Recognizes 98 Smith Anderson Attorneys in Latest PublicationBest Lawyers®Recognition
- Hitting a New Milestone - 100 Members of Smith Anderson’s Legal Team Recognized by Best Lawyers® and Best Lawyers: Ones to WatchBest Lawyers
- North Carolina Super Lawyers® Selects 23 Smith Anderson Lawyers as 2021 Super Lawyers and Nine Additional Lawyers as Rising StarsSuper Lawyers
- 2021 Best Lawyers® and The Best Lawyers: Ones to Watch Recognize Largest Group of Smith Anderson Lawyers in Firm’s HistoryThe 2021 Best Lawyers®
- North Carolina Super Lawyers® Selects 24 Smith Anderson Lawyers as 2020 Super Lawyers and Nine Additional Lawyers as Rising StarsSuper Lawyers
- North Carolina Super Lawyers Recognizes Forty Smith Anderson Lawyers as Super Lawyers and Rising Stars in 2019Super Lawyers
Publications & Alerts
- Author, New ISO Forms for CGL Policies Seek to Exclude Coverage for Data Breaches, NC Bar Association Insurance Law Section Newsletter, Vol. II, No. 1, January 2015
- Author, Proximate Cause Theory Applied to Determine Number of Occurrences, Case Note, ABA Section of Litigation, Insurance Coverage Litigation Committee Website, March 11, 2013
- Author, Broker Owed No Duty to Explain Policy Terms to Insured, Case Note, ABA Section of Litigation, Insurance Coverage Litigation Committee Website, January 9, 2013
Events & Programming
- Speaker, "Commercial Insurance 101," CED Accelerate Series, Research Triangle Park, N.C.Speaking Engagement
- Co-Speaker, “Commercial General Liability Insurance and Duty to Defend,” NC Bar Association Insurance Law Section CLE, Cary, N.C.Speaking Engagement
- Panelist, "Risks, Costs, Disputes and Litigation," NC Chamber and U.S. Chamber of Commerce's 2015 Cybersecurity Conference, Durham, N.C.Event
- Co-Speaker, "The Lifecycle of an Insurance Claim (With a Focus on D&O Insurance)," Smith Anderson's Executive Roundtable Series: Session I, RTP, N.C.Event
- Speaker, "You Will Be Hacked (If You Haven't Already)...," Joint Event Presented by The Research Triangle Park, Durham Chamber of Commerce and Smith Anderson, RTP, N.C.Event
- Panelist, "It's 2014 - You Will Be Hacked!," Joint Event Presented by The Research Triangle Park, Durham Chamber of Commerce and Smith Anderson, RTP, N.C.Event