Lawyer Bio : John G. Despriet
John G. Despriet
Atlanta
John Despriet is a Member in the Business Litigation Practice Group in Womble Carlyle’s Atlanta office. John has more than 30 years of experience in commercial litigation, principally in complex cases. Securities litigation, including class actions and ancillary proceedings, comprise the bulk of John’s practice. In addition, he has extensive experience in Securities and Exchange Commission enforcement proceedings, defense of derivative claims against officers and directors, FINRA (Financial Industry Regulatory Authority) arbitration, proxy fights and tender offers.
John is panel counsel to the largest insurer of public company directors and officers in the United States, and is one of only four counsel in Georgia approved to defend insured officers and directors in securities class actions. In addition to representing public companies, John has represented many corporate financial officers individually. John also has achieved excellent results in cases involving ERISA, the False Claims Act and on behalf of many international clients.
Representative Matters
- Achieved dismissal of IPO and after-market claims in a class action involving a significant energy company and allegations of fraudulent accounting. The damage claims in the case were nine figures.
- Achieved dismissal of a securities class action case against a publicly-traded home health care company and its officers. The plaintiffs alleged accounting fraud and other misstatements in the prospectus. The case was one of the first to apply the requirements that claims under the Securities Act of 1933 that “sound in fraud” are required to plead fraud with particularity.
- Achieved dismissal of a securities class action case based on accounting fraud after national flooring company was required to restate its financial statements for the second year in a row.
- Achieved voluntary dismissal by Relator of five physicians from a False Claims Act case alleging kickbacks in violation of the anti-kickback statutes. The case was subsequently settled by the remaining defendants for $40 million.
- Obtained defense victory in multi-million dollar NASD arbitration in which a disabled investor alleged that his broker convinced him not to sell stock that the investor had directed to be sold, with a resultant loss.
- Obtained three summary judgments in fraud cases against CEO of a publicly traded company sued by investors in different private securities placements. Affirmed on appeal.
- Defended securities class action cases in Georgia, North Carolina, Florida, Alabama, Tennessee and New York.
- Successfully defended multiple acquirers in tender offer and M&A litigation.
Contact
- (404) 888-7470
- (404) 879-2930
Professional Activities
Admitted to bar: 1979, Georgia; 1979, Florida. Arbitrator for National Futures Association.
Listed in Georgia Super Lawyers, 2010-2011 (Securities Litigation).
Education
B.S., University of Florida, with honors; M.B.A., University of Utah; J.D., 1979, University of Florida, with honors.
Prior Legal Experience
Partner and Chairman, Litigation Department, Smith, Gambrell & Russell, LLP, Atlanta, Georgia.
Publications
“Evolution of the Securities Litigation Uniform Standards Act,” 33 Sec. Reg. L.J. 268 (2005).
“Options Backdating: Scrutinizing Options-Based Compensation Practices,” Trust the Leaders Magazine, Spring 2007.
Additional Information
Prior Military Experience
Captain, United States Air Force
Areas of Proficiency
- Securities Class Actions
- Business Litigation
- Trial Law
- Securities Enforcement
- Arbitration
- International Law
- Broker Dealer Law