John Goerlich
Partner, Litigation
John Goerlich is a partner in the Appeals & Strategic Motions practice group in the Litigation Department of Willkie Farr & Gallagher LLP in Washington, DC. His practice focuses on appellate and trial-level advocacy in complex commercial disputes, along with antitrust, bankruptcy, insurance, regulatory and pro bono matters. John has significant experience litigating high-stakes matters at every level, including in the United States Supreme Court.
John previously served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit and to Judge Douglas H. Ginsburg of the United States District Court of Appeals for the D.C. Circuit.
John previously served as a law clerk to Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit and to Judge Douglas H. Ginsburg of the United States District Court of Appeals for the D.C. Circuit.
Experience
John has advised on the following significant matters*:
- Representing PDV Holding, Inc. (“PDVH”), the U.S.-based subsidiary of Petroleos de Venezuela, S.A. ("PDVSA"), in an appeal in the Court of Appeals for the Second Circuit concerning whether PDVH and PDVSA are alter egos
- Successfully obtaining a preliminary injunction on behalf of a group of Virginia State Senators challenging the continued service of members of the Boards of Visitors of the University of Virginia, George Mason University, and the Virginia Military Institute, and successfully defending the grant of that injunction before the Virginia Supreme Court
- Representing one of the world’s largest insurers in connection with litigation against multiple entities relating to the opioids crisis
- Representing one of the world’s largest insurers in bankruptcy-court litigation related to injuries caused by Per- and polyfluoroalkyl substances (PFAS)
- Winning summary judgment on behalf of one of the world’s largest insurers in an insurance coverage matter over claims stemming from the manufacture and sale of “ghost guns,” and successfully defending that summary judgment in the Second Circuit
- Representing one of the world’s largest technology companies in litigation brought by a state Attorney General over privacy settings for its location services and browser, and securing a favorable settlement after successfully obtaining a writ of mandamus permitting the technology company to depose employees of the state Attorney General
- On behalf of a leading investment manager, successfully obtaining denial of a motion to quash a subpoena issued under 28 U.S.C. § 1782
- Representing the indenture trustee for a set of notes in litigation with a solvent debtor over the debtor’s obligations to pay contract-rate interest and a prepayment premium
- Representing one of the world’s largest insurers in connection with litigation against multiple entities relating to the opioids crisis
- Successful certiorari-stage briefing in Health and Human Services Corporation of Marion County v. Talevski, a case involving implied private rights of action for residents of a managed care facility
- Winning summary judgment on behalf of a large generic pharmaceutical company against claims of unlawful exclusive dealing, and successfully defending that decision on appeal before the 10th Circuit
- Winning, on behalf of a manufacturer of nuclear submarines and aircraft carriers, a motion to dismiss claims under the False Claims Act, and defending that decision on appeal before the 11th Circuit
- Winning dismissal of both a securities class action and a shareholder derivative suit on behalf of a Fortune 500 provider of healthcare services, and securing a favorable settlement of those cases after briefing in the 3rd Circuit
- Representing the independent director of a bankrupt oil and gas company and conducting an independent investigation of alleged related-party transactions prior to sale of the company’s assets
- Winning dismissal of a securities class action alleging that an electronics manufacturer misled investors about channel stuffing
- Authoring several merits-stage Supreme Court briefs on behalf of amici curiae
*John advised on some of these matters prior to joining Willkie.
Credentials
Education
Columbia Law School, J.D., 2016 Middlebury College, B.A. (cum laude), 2011
Bar Admissions
Court Admissions
United States Court of Appeals, 2nd Circuit United States Court of Appeals, 3rd Circuit United States Court of Appeals, 5th Circuit United States Court of Appeals, 7th Circuit United States Court of Appeals, 10th Circuit United States Court of Appeals, 11th Circuit United States Court of Appeals, D.C. Circuit United States District Court, Southern District of New York United States Claims Court United States District Court, Northern District of New York
Clerkships
Hon. Douglas H. Ginsburg, United States Court of Appeals, D.C. Circuit Hon. Jerry E. Smith, United States Court of Appeals, 5th Circuit