John E. FlanaganPartner
John E. FlanaganPartner
Any law firm would be fortunate to have someone with John’s breadth and depth of both business and legal expertise. After starting his career at a Big Eight accounting firm, John decided to attend law school. He then clerked for a federal circuit court judge and has now practiced law for almost 30 years handling a wide array of commercial disputes.
John’s litigation and trial work includes disputes involving antitrust, product distribution, contracts, trade secrets, false advertising claims, business torts, telecommunication regulation, medical rate reimbursement, insurance coverage, accountant liability, patent valuation and damages assessment. John has argued and briefed cases before the Wisconsin Supreme Court, the Wisconsin Court of Appeals, the United States Court of Appeals for the for the Seventh Circuit and various federal district and state circuit courts.
In addition to his litigation and appellate experience, John advises clients on various aspects of state and federal distribution laws, including antitrust, product distribution, contracts, trade association activities, intellectual property licensing, the Wisconsin’s Fair Dealership Law and other regulatory statutes governing competition.
- Successfully represented a very large physician-directed healthcare clinic against an insurance company in a complex arbitration over clinic-wide medical reimbursement rates, and defended the clinic in court against statutory-based competition claims related to the dispute.
- Defended at trial the majority members of a limited liability company against charges brought by a minority member of the company who claimed breaches of various fiduciary duties and trademark misuse.
- Procured insurance coverage for an insured in trial, arbitration and mediation, that resulted in millions of dollars of recovery of insurance proceeds.
- Successfully defended a major telecommunication carrier against orders issued by the Wisconsin Public Service Commission that sought tens of millions of dollars in unlawful fines.
- Tried one of the largest antitrust damage cases in the State of Wisconsin.
- Litigated numerous multi-million dollar claims and defenses in the areas of contracts and intellectual property damages.
- Successfully represented a bank and its officers and representatives in a lawsuit where plaintiffs’ complaint included 17 counts, including allegations of fraud, violations of RICO and numerous state and federal consumer protection statutes, all allegedly arising from a foreclosure action brought by the bank against the plaintiffs.
- Represented parties in enforcing covenants not to compete and against counterclaims alleging violations of the antitrust laws claimed to arise therefrom.
- Represented defendants against claims of various antitrust violations, represented parties in trademark, trade secret, unfair competition and non-compete disputes, represented parties in numerous Wisconsin Fair Dealership Law disputes, represented parties in accounting malpractice and shareholder disputes.
Published Works and Presentations
- Presenter: “Lessons Learned from the First two Years of the America Invents Act and Other Recent Developments—Emerging Trends and Planning for the Future.” CLE Seminar (December 2013).
- Presenter: “Antirust Law Primer—Dealing with Customers, Suppliers and Competitors.” CLE and client presentations (Multiple Dates).
- Presenter: “Navigating the Rapidly Evolving Intersection Between Patent and Antitrust Law— A Primer.” Patent Audio Conference Series (March 2011) and Wisconsin Intellectual Property Law Association (WIPLA) (November 2010).
- Presenter: “The Intersection Between Patent and Competition Law: Are You Headed for a Collision?” Chicago IP Law Association (May 2010).
- “For The FTC, Hindsight is Better than 20/20: Direct Evidence of Post-Merger Price Effects Plays a Pivotal Role in FTC’s Decision Declaring the Evanston Northwestern Healthcare Merger Unlawful.” ABA, Health Law Litigation Newsletter (Volume 7, Issue 1, Fall 2007).
- “The Duty of Good Faith and Fair Dealing – Mutual Expectations Set the Parameters.” Wisconsin Lawyer (February 1997).
- Comment, “Negligent Infliction of Emotional Distress, A Proposal for a Recognized Tort Action.” 67 Marquette University Law Review 557 (1984).
- Robin and Karen Zahran v. Woodford State Bank et al., 2014 WI APP 110, 357 Wis. 2d 720.
- Kira Inc. v. All Star Maintenance LLC, SAB Inc. et al, 267 Fed. Appx. 352 (5th Cir. 2008).
- National Flood Services Inc. v. Torrent Technologies Inc., 2006 U.S. Dist. Lexis 12791 (W.D. Wash. 2006).
- Szukalski et. al. v. Crompton Corporation et. al., 2006 WI App 195, 296 Wis. 2d 728, 726 N.W.2d 304, 2006-2 Trade Cases P 75, 437.
- Bertha v. Remy Int’l Inc., 414 F.Supp. 2d 869 (E.D. Wis. 2006).
- Wisconsin Bell Inc. v. Public Service Commission of Wisconsin, 2005 WI 23, 279 Wis. 2d 1, 693 N.W.2d 3010.
- Wisconsin Bell Inc. v. Public Service Commission of Wisconsin et al., 2003 WI App. 193, 267 Wis. 2d 193, 670 N.W.2d 97.
- Sybron International Corp. v. Security Insurance of Hartford et al., 243 Wis. 2d 118, 627 N.W.2d 549 (2001).
- Sybron Transition Corp. v. Security Insurance of Hartford et al., 258 F.3d 595 (7th Cir. 2001).
- Sybron Transition Corp. v. Security Insurance of Hartford et al., 107 F.3d 1250 (7th Cir. 1997).
- Logan Productions, Inc. v. Optibase, Inc., 103 F.3d 49 (7th Cir. 1996).
- Blue Cross Blue Shield United of Wisconsin, et al. v. Marshfield Clinic, et al., 65 F.3d 1406 (7th Cir. 1995).
- Blue Cross Blue Shield United of Wisconsin, et al. v. Marshfield Clinic, et al. F.3d 588 (7th Cir. 1998).
- Poulos v. Nass Foods, Inc., 959 F.2d 69 (7th Cir. 1992).
- Tim Torres Enterprises Inc, v. Linscott, 142 Wis.2d 56 (Ct. App. 1987).
Professional Admissions, Associations, and Honors
Best Lawyers in America, 2011-2016 (Antitrust Law)
Super Lawyers, 2006, 2016 (Commercial Litigation)
American Bar Association
State Bar of Wisconsin
Milwaukee Bar Association
United States Court of Appeals for the Seventh Circuit
United States District Court for the Eastern District of Wisconsin
United States District Court for the Western District of Wisconsin
Marquette University Law Review, Lead Articles Editor
Law Clerk to the Honorable John L. Coffey (United States Court of Appeals for the Seventh Circuit)
Marquette University Law School/J.D., summa cum laude, 1984
Marquette University/B.S., Accounting, cum laude, 1980
John has served on the Board of Directors for the Skylight Music Theatre, Inc. since 2008 and was President in 2014. He is also currently serving on the Board of Directors for the Wisconsin Equal Justice Fund, Inc. (President in 2012). He served on the Board of Directors for the Benedict Center, Inc. from 1992 to 2000 (President from 1998 to 2000).