John Calhoun helps a wide range of healthcare and financial services clients, publicly traded companies, insurers/reinsurers, nonprofits, private secondary schools, and individuals, to prevail in commercial disputes – with a particular emphasis on the defense and resolution of complex commercial and business litigation. His experience includes pre-litigation counseling, frontline representation, and oral advocacy in cases involving complex intellectual property appropriation, investor contract and partnership disputes, private schools investigations, and internal company whistleblower matters within state and federal courts.
Some of John’s notable clients include Hewlett Packard, Wells Fargo, Cisco, Swiss Re, Munich Re, Alnylam, and Foundation Medicine.
Prior to law school, John served as a Marshall Scholar at the University of Oxford, and as a Fulbright Scholar. He has also advised presidential, gubernatorial, and congressional administrations and campaigns on a range of legal and policy issues.
- 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.
- Prevailed in a First Circuit appeal while representing a major private equity firm on an issue related to a purchase agreement’s indemnity provisions.
- 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.
- Prevailed on a motion to dismiss while representing the founder of a leading software firm in a board dispute.
- 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.
- Reached favorable settlement for large U.S. bank in an OSHA-proceeding brought by an internal company whistleblower.
- Extensive representation of private independent schools in investigating and remediating allegations of sexual misconduct.
- Investigated internal company whistleblower complaint for international insurer.
- Momenta Pharm., Inc. v. Amphastar Pharm., Inc. et al., D. Mass., Fed. Cir.: Trial counsel for Momenta Pharmaceuticals in patent infringement litigation relating to innovative methods of processing therapeutic polysaccharides.
- Guardant Health, Inc. v. Foundation Medicine, Inc., D. Del.: Counsel for Foundation Medicine in patent infringement litigation relating to next generation sequencing analysis.
- Alnylam Pharmaceuticals, Inc. v. Dicerna Pharmaceuticals, Inc., D. Mass.: Counsel in trade secret misappropriation lawsuit brought against Dicerna Pharmaceuticals.
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, January 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.
- Book Review of "Terrorism, Ticking Time Bombs, and Torture" by Fritz Allhoff, author, Yale Journal of International Law, Vol. 38, No. 1.
Professional and Community Involvement
- Member of the Boston Bar Association
- Member of the American Bar Association
- Member of multiple business and charitable boards, including the Connecticut Policy Institute, Give a Summer, the Match Charter School Network, and Firoz Academy
- Through Choate’s pro bono program, John 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
Six Choate attorneys – John Calhoun, Kristen Dooley Perriello, Sara Frank, Hampton Foushee, Daniela Badiola Spanos, and Dr. Janet Tse – have been elected as principals, effective May 1, 2022.
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.