JOHN KUSTER has more than 20 years of experience litigating commercial litigation and disputes matters in Federal and state courts, as well as arbitrations. He has a diverse commercial litigation and disputes practice, and serves as one of the global co-leaders of the firm’s Commercial Litigation and Disputes practice area team.
The scope of John’s experience is reflected in his representative matters, including:
- Lead counsel in multiple real estate partnership disputes, including multiple day hearings on emergency litigation in New York state court where Sidley successfully preserved ownership and management rights of property at issue, and defeated motion for injunctive relief in arbitration seeking to preclude opposing party from preventing self-help remedies to force resale of real estate partnership interest back to managing partner.
- Represented company purchasing non-performing residential mortgage loan in disputes with servicer regarding indemnities and responsibility for alleged non-performing loans.
- Successfully asserted and settled claims on behalf of pooled mortgage loan company in separation from former partners, including with respect to disputes regarding for cause termination of non-managing partners and intellectual property issues.
- Currently representing defendant in multi-billion bankruptcy court litigation in which debtor asserted claims of fraudulent transfer and alter-ego liability.
- Representing client, an auto parts manufacturer, in an action brought by owner seeking US$50 million in damages relating to indemnification, environmental claims and alleged breaches of a lease arising out of alleged conditions at a manufacturing facility in Upstate New York which our client left at the end of the lease.
- Representing CONCACAF, a regional soccer confederation for North America, Central America, and the Caribbean in connection with the United States Department of Justice indictment of a number of its former executives and officers who allegedly were engaged in corruption, bribery and kickbacks, among other alleged misconduct, including conducting an internal investigation, renegotiation of major commercial contracts, and prosecuting and defending numerous claims arising out of the consequences of the alleged misconduct. Represented CONCACAF before the Court of Arbitration for Sport (CAS) in appeal by former official to ban imposed on his participation in any football related activity within the CONCACAF region.
- Lead trial counsel in a bench trial where the firm’s client successfully enforced the provisions of a complex purchase price agreement concerning responsibility for significant environmental liabilities relating to a gas pipeline system.
- Serving as co-lead counsel in a three-week federal jury trial, which resulted in a US$125 million verdict in favor of the firm’s client finding that the defendant was liable for breach of fiduciary duty and fraud.
- Obtained a highly favorable settlement in April 2015 for a global investment management firm following a secured receivables-based loan to a special-purpose entity that was wholly owned by the Debtor.
Strong leadership has earned John recognition in The Legal 500 within Litigation: White-Collar Criminal Defense. John serves as a national co-chair of Sidley’s Recruiting of Associates Committee.