John Calhoun is a member of Choate's Litigation Department. Mr. Calhoun’s practice is focused on litigating complex civil cases in federal and state court. He is experienced in handling disputes involving intellectual property, private equity contracts, private schools, and internal company whistleblowers. Mr. Calhoun graduated from Yale Law School, where he served as an Editor of the Yale Law Journal and Managing Editor of the Yale Journal of International Law. Prior to law school, he served as a Marshall Scholar at the University of Oxford (UK), and as a Fulbright Scholar. He has also advised presidential, gubernatorial, and congressional administrations and campaigns on a range of legal and policy issues.
Litigation: assists in representation of leading corporations and financial institutions in complex commercial litigation.
- Prevailed at summary judgment (including for costs) while representing a major private equity firm in a suit filed by the founder of an acquired company.
- Won at trial while representing an international insurer in successful action to rescind $25 million product contamination insurance policy based upon policyholder’s material misrepresentation of facts.
- Reached favorable settlement for law firm in a legal malpractice suit filed by a former client.
- Reached favorable settlement for automotive parts manufacturer seeking indemnification from Chinese suppliers.
- Trial counsel for Momenta Pharmaceuticals in patent infringement litigation relating to innovative methods of processing therapeutic polysaccharides. (Momenta Pharm., Inc. v. Amphastar Pharm., Inc. et al., D. Mass. , Fed. Cir.)
- Counsel for Foundation Medicine in proceedings related to innovative comprehensive genomic cancer assays using next generation sequencing. (Foundation Medicine, Inc. v. Guardant Health, Inc.)
- Counsel in trade secret misappropriation lawsuit brought against Dicerna Pharmaceuticals. (Alnylam Pharmaceuticals, Inc. v. Dicerna Pharmaceuticals, Inc., MA)
- Extensive representation of private independent schools in investigating and remediating allegations of sexual misconduct.
- Represented and reached favorable settlement for large US bank in an OSHA-proceeding brought by an internal company whistleblower.
- Investigated internal company whistleblower complaint for international insurer.
Publications and Presentations
- "1st Circ. ADA Decision Turns On 'Essential Function' Doctrine," author, Law360, May 2018.
- "6th Circ. Sheds Light on Mandatory Arbitration," co-author, Law360, March, 2018.
- "Investigating and Reporting Sexual Misconduct at Private Independent Schools," coauthor, New England Association of Schools and Colleges Newsletter, Jan 2018.
- "When Can a Former Employee-Turned-Whistleblower Use Internal Company Documents?," co-author, Corporate Counsel, December 2017.
- "Proving Ratification Of A Supervisor's Retaliatory Motive," author, Law360, November 2017.
- "Looking for the Dog That Didn't Bark: Do Increased SEC Budgets Reduce Rates of Securities Fraud?," author, 41 Vermont Law Review 208, 2017.
- Whistleblowing and Retaliation (6th Ed.), contributor, 2016.
- "Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use," author, Yale Law Journal, November 2014.
- Book Review of "Terrorism, Ticking Time Bombs, and Torture" by Fritz Allhoff, author, Yale Journal of International Law, Vol. 38, No. 1, April 2013 .
Professional and Community Involvement
Mr. Calhoun is a member of the Boston Bar Association and the American Bar Association. He is a member of multiple business and charitable boards, including the Connecticut Policy Institute, Give a Summer, and Firoz Academy. Through Choate’s pro bono program, Mr. Calhoun also represents special needs children to help them secure appropriate educational services.
Education & Credentials
Yale Law School
Editor, Yale Law Journal
Managing Editor, Yale Journal of International Law
Oriel College, University of Oxford
MSc, 2012, with honors
University of York
MA, 2011, with honors
University of Richmond
BA, 2009, summa cum laude, Phi Beta Kappa
U.S. Court of Appeals, First Circuit
District of Massachusetts
Foundation Medicine, Inc. and Guardant Health, Inc. announced an agreement to settle a patent infringement lawsuit brought by Foundation Medicine against Guardant concerning U.S. Patent No. 9,340,830.
John Calhoun discusses Sepulveda-Vargas v. Caribbean Restaurants LLC, the ADA, and "essential function" in Law360.
Daniel Winston and John Calhoun discuss the recent Sixth Circuit decision in Reed v. Altisource Solutions, et. al. and its impact on mandatory arbitration.
We recently published a memo offering a glimpse into the investigations of past sexual misconduct in 10 private independent schools located in the Northeast.
Imagine you own a company, and your chief compliance officer one day “blows the whistle” and alleges your company broke the law.