About John P. Gaughan

As most recently a Partner at an approximate 300-attorney law firm for 22.5 years and a former member of the US Attorney's Office Northern District of New York Asset Forfeiture Unit, John practices extensively in both state and federal courts in insurance defense, personal injury and property damage litigation, products liability litigation, labor law litigation, commercial litigation, business dispute litigation, creditors' rights litigation, municipal litigation, and general civil litigation. He has also represented municipalities, has extensive experience in election law, labor and employment relations, criminal law, and real property tax assessment matters. John represents national and international public-utility corporations, asbestos product manufacturers, banks, retail stores, and insurance companies in relation to commercial, personal injury, NY Labor Law, and property claims and disputes.

He also represents municipalities, school districts, colleges and universities, trucking companies, professionals, public benefit organizations, collection companies and financial service corporations, health care service organizations, construction companies, alcoholic beverage manufacturers and distributors, and victims of catastrophic personal injury claims.

John litigates matters relating to personal injury; intentional and business torts; transportation law; vehicle and traffic law; insurance defense; defective products; dangerous conditions; labor law; strict and professional liability; medical and legal malpractice; breach of contract and fiduciary duty; alleged violations of the Fair Debt Collection Practices Act (FDCPA), Truth in Lending Act, and Telephone Consumer Practices Act (TCPA); fraud; and catastrophic personal injuries. John has also successfully negotiated numerous multi-party settlements relating to personal injury, property damage, breach of contract, and FDCPA and TCPA matters.

John additionally provides counsel to municipalities and school districts relating to personal injury, property damage, risk management, personal injury, collective bargaining and contractual negotiations, civil service and public sector, transportation, labor relations, employment, general municipal, public officers, police professional liability, policy formation, electronic data breaches, city and county charter and code provisions, harassment and discrimination claims, First Amendment rights, taxpayer actions, and the respective powers and duties of executive and legislative branches of government.

Bar Associations

• Bar Association of Erie County

• New York State Bar Association Selected Memberships & Affiliations

• Defense Trial Lawyers Association of Western New York, President and Former Vice President

• St. Thomas Moore Guild

Representative Experience

• Advises school districts and boards of education on governance, labor and employment, student discipline, regulatory compliance, constitutional law, educational law, special education, contract claims, general liability, and risk management matters.

• Defends a Fortune 500 product manufacturer in personal injury, transportation, and products liability matters.

• Defends numerous commercial clients in transportation law and vehicle and traffic law matters.

• Defends numerous banks, corporations, financial-service companies, and collection companies in federal court in relation to alleged violations of the FDCPA, TCPA, and TILA.

• Investigates appropriations of public monies.

• Successfully appealed and reversed a trial court decision for the spoliation of evidence, resulting in the trial court striking the client’s answer and dismissing its defenses.

• Assisted a client in recouping over $10 million in funds used for community Medicaid.

• Assisted trial counsel in obtaining a $2.8 million settlement for a client in an alleged catastrophic personal injury case.

• Successfully assisted and represented a NFL coach in a contract dispute.

• Thoroughly investigated a case and had it dismissed, as the plaintiff filed a bogus claim for injuries and damages from a motor vehicle accident that he was the actual and proximate cause of his injuries. Proved that, despite the plaintiff's claim of the inability to work as a result of the accident, the plaintiff was gainfully employed in another state.

• Successfully defended a municipality in taxpayer action for the wrongful use of taxpayer funds.

• Served as co-lead trial counsel in a negligence and products liability matter in which, after trial but before verdict, the case settled for a portion of liability. Subsequently, in an arbitration for damages in the same matter, successfully mitigated damages as a result of proving the plaintiff's chiropractor falsified medical records.

• Represented a client in medical malpractice claims resulting in catastrophic injuries against the defendants.

Prior Experience

• Barclay Damon LLP -Partner

• Hiscock & Barclay, LLP, Partner

• US Attorney's Office, Northern District New York, Asset Forfeiture Unit Member

Selected Community Activities

• Leadership Buffalo, Class of 2011

• Association of Credit and Collection Professionals International, Member

• Puddles Equity Investment Club, Former President

• Buffalo Legacy Project, Inc., Former Board of Directors Vice President

• Bishop Timon St. Jude – Alumni; Mock Trial Advisor

• St. Bonaventure University – Alumni

Selected Honors

• The Best Lawyers in America®: Product Liability Litigation – Defendants, 2022–2023

• Selected to Super Lawyers Upstate New York: Products Defense, 2013; Personal Injury General: Defense, 2014–2022

• Buffalo Business First, Legal Elite of Western New York, 2020

Selected Speaking Engagements

• National Business Institute, “Personal Injury 101: Damages From the Defense Perspective” CLE

• National Business Institute, “Personal Injury 101: Standing on Ethical Grounds” CLE

Selected Media

• Buffalo Law Journal, "Gaughan Guides Defense Lawyers Group"

Selected Alerts & Blog Posts

• NYS Governor Hochul Vetoes Proposed Grieving Families Act

• NYS Court Takes Broad View of Foreseeability of a Third-Party Assault

• New York State's Developing COVID-19 Recovery Initiatives

• Resources for Hospitality, Restaurants, and Other Businesses as a Result of COVID-19

• NYS Jury Trials and Grand Juries Shut Down Statewide for a Second Time