John W. McGuinness
Counsel
- p. 310.424.3921
- f. 310.424.3960
- jmcguinness@buckleysandler.com
Biography
John W. McGuinness is a Counsel in the Los Angeles and Orange County offices of BuckleySandler LLP. He has extensive experience representing corporate and individual clients in high-stakes litigation, enforcement, trial, and appellate matters.
Mr. McGuinness focuses his practice in the areas of consumer class and individual actions, including mortgage/financial services and data security/privacy, complex commercial litigation, and government enforcement actions. He also counsels clients in the areas of consumer financial services, privacy, information security, consumer protection, and insurance recovery.
Mr. McGuinness’ representative engagements include:
- Representing a mortgage originator in a putative class action alleging violations of FCRA and California state law. On an issue of first impression, successfully obtained a ruling that reporting of post-foreclosure deficiency judgments in the state of California to credit reporting agencies did not constitute a violation of either the state or federal statute.
- Representing several national retailers in putative class actions alleging violations of consumer privacy under California laws.
- Representing a Native American tribe in an action against the United States for breaches of trust arising out of the mismanagement of tribal trust funds and natural resources.
- Co-lead trial counsel for an international manufacturer and its subsidiary in a multi-week trial against a California state regulatory agency involving claims alleging violations of administrative law and California state constitution and counter-claims by the regulator for over $200 million in statutory penalties. Resulted in a highly-favorable settlement providing the client with equitable relief from the regulator and with the regulator obtaining less than 1% of its statutory penalties.
- Co-lead trial counsel for an in-store advertising company, in an action against a competitor for violations of federal and state antitrust and unfair competition laws.
Mr. McGuinness is a frequent writer and speaker on class action litigation and consumer financial services, and has been quoted in various publications, including Forbes Magazine and Bloomberg News.
Active in the legal and local communities, Mr. McGuinness is a member of the American Bar Association, the Los Angeles Bar Association, the San Diego Bar Association, and the International Association of Privacy Professionals. He is currently the Co-Chair of the CGL Subcommittee of the ABA Section of Litigation Insurance Coverage Litigation Committee.
Before joining BuckleySandler, Mr. McGuinness was a senior associate at Kelley Drye & Warren LLP in New York and Washington, DC where he assisted in the development of Kelley Drye’s Consumer Financial Services Group.
Mr. McGuinness received his J.D. from the New York University School of Law in 1999 where he was a Sexton Oliva Fellow and an editor of the Environmental Law Journal. He received his B.A. from New York University in 1995 (magna cum laude).
Mr. McGuinness is a member of the California, New York, and Washington, DC bars and is admitted to practice before various district and appellate courts within those jurisdictions.
Significant Representations
Abdelfattah v. Carrington Mortgage Services, LLC
Pending putative class action litigation brought under the Fair Credit Reporting Act and the California state analogue. On issue of first impression, successfully obtained ruling that reporting ... MORE
David Shabaz v. Polo Ralph Lauren Corporation
Putative class action alleging violations of consumer privacy under state statutory and common law, which resulted in favorable rulings on issues of first impression, culminating in federal court appr... MORE
Korn v. Polo Ralph Lauren Corporation
Putative class action alleging violations of consumer privacy under state statutory and common law, culminating in a successful settlement.
Maureena Garcia v. New York & Company Inc.
Litigation of putative class action alleging violations of consumer privacy under state statutory and common law.
Navajo Nation v. United States
We represent the Navajo Nation, the largest Indian tribe in the United States, in Navajo Nation v. United States, Case No. 06-945L, in the United States Court of Federal Claims. The suit invo... MORE
People of the State of California v. Yamaha USA et al.
Enforcement action alleging that defendants failed to obtain certification of 2007 Model Year vehicles, in violation of certain state environmental statutes.
Yamaha USA v. California Air Resources Board
Litigation raising multiple issues of first impression and seeking declaratory and other relief arising from state environmental agency’s alleged violation of federal and state constitutional pr... MORE
Publications
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Just the FACT(A)s: The Latest in FCRA Jurisprudence
Journal of Taxation and Regulation of Financial Institutions, April 23, 2012
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Shine-the-Light Law: California's Latest Class-Action Trend
ABA Consumer Rights Litigation, April 17, 2012
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Consumer Financial Services Law in Review: 2011's Significant Cases and Emerging Trends
Consumer Financial Servies Law Report, February 13, 2012
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Case Study: Anderson v. Hannaford Brothers
Law360, November 7, 2011
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The State Supreme Court Shakes It Up for Retail Businesses
Los Angeles Daily Journal, February 16, 2011
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Using E&O Insurance in Foreclosure Litigation
Law360, December 22, 2010
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Insurance Coverage in Consumer Class Actions
The Corporate Counselor, October 6, 2010
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Settling Class Actions: Alternatives to Coupon Settlements after CAFA
Class Action Litigation Reporter, February 19, 2009
In The News
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Bloomberg BNA Electronic Commerce & Law Report, February 6, 2013
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BuckleySandler Elects Two New Partners & Promotes Six Attorneys to Counsel
December 15, 2011
Speaking Engagements & Events
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The California Homeowners Bill of Rights: What Does It Mean For Your Business?
January 31, 2013
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2012 CFPB and Top Regulatory and Enforcement Issues Conference
April 24, 2012
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West Coast Mortgage Lending and Servicing Today Conference
April 11, 2011
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ACI’s 5th National Advanced Forum on Residential Mortgage Litigation and Regulatory Enforcement
October 19, 2010
