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Overview

Christopher P. Johnson is a Principal in McKool Smith's New York office.  Chris focuses on complex civil litigation, including commercial, securities, products liability, and constitutional litigation, as well as alternative dispute resolution.  He is both a trial and appellate lawyer, with extensive experience in all aspects of civil litigation, from pre-trial proceedings, evidentiary hearings, and trials through appeals and matters before the U.S. Supreme Court.  Over the past several years, Chris has focused primarily on litigation relating to structured financial products, including residential mortgage-backed securities.

Chris has significant experience in the management and coordination of litigations involving hundreds of individual related actions.  Having successfully conducted one of the nation’s first Daubert hearings (resulting in a seminal opinion), Chris is also well-versed in the application and admissibility of expert opinion evidence.  He is recognized by Super Lawyers as a leading lawyer in New York for Securities Litigation, Business Litigation, and Appellate matters.

Chris received his undergraduate degree summa cum laude from Fordham University and his law degree from the University of Virginia School of Law.

Experience

Representative Matters

  • Fannie Mae in a trust instruction proceeding relating to the Stuyvesant Town CMBS trusts.
  • Federal Housing Finance Agency (“FHFA”), as conservator for Freddie Mac, and Freddie Mac in litigation arising from the settlement of a class action relating to Novastar residential mortgage-backed securities (“RMBS).
  • Trustees of numerous RMBS trusts in breach of contract "putback" actions against major financial institutions.
  • A major music label in affirmative copyright infringement proceedings.
  • A pharmaceutical biotech company in the dismissal of fraud and breach of contract actions against it.

Prior to joining McKool Smith:

  • Successfully prosecuted securities claims on behalf of FHFA, as conservator for Fannie Mae and Freddie Mac, against major financial institutions for misrepresentations concerning RMBS.
  • Successfully prosecuted contract claims for Chicago Fundamental Investment Partners against major national banks arising from a portfolio credit default swap wrapped by a credit-linked note.
  • Achieved dismissal of all claims against LNR Partners LLC arising from CMBS auction of mortgaged property.
  • Successfully prosecuted contract and fraud claims on behalf of liquidation trust formed from the bankruptcy of a nationwide beverage manufacturer against insiders, auditors, financial advisors, and other third parties.
  • Successfully prosecuted products liability claims on behalf of several hundred individual plaintiffs in the Vioxx litigation.
  • Successfully defended chemical manufacturer from multiple product liability claims brought by microchip workers in New York and California, including achieving complete dismissal on summary judgment of birth defects claims.
  • Won jury verdict on contract claims for medical billing company and judgment as a matter of law on counterclaims against it, with affirmance by 6th Circuit.
  • Achieved dismissal of fraud and contract claims brought against “snowcat” manufacturer and its principals by John DeLorean, with affirmance by 10th Circuit.
  • Represented various law firms, hedge funds, and other partnerships or limited liability companies in the litigation, arbitration and/or mediation of issues arising from dissolution.
  • Won summary judgment for manufacturer against claims that asthma medications caused birth defects. Helped try and win the nation’s first Daubert hearing, resulting in District Court’s verbatim adoption of the 112-page Findings of Fact and Conclusions of Law that Chris authored, and the 3rd Circuit’s affirmance on the basis of that opinion, which it complimented as “meticulous” and “exhaustive.”  See Wade-Greaux v. Whitehall Laboratories, Inc., 874 F. Supp. 1441 (D.V.I.), aff’d, 46 F.3d 1120 (3rd Cir. 1994).
  • Won dismissal on Daubert grounds of a highly-publicized case where the parents of a young girl alleged that she had contracted AIDS from the polio vaccine.
  • Part of a team representing Dow Chemical in the breast implant litigation, including Dow Chemical’s interests in the Dow Corning bankruptcy proceedings.
  • Successfully defended computer manufacturer from repetitive stress injury products liability claims, including defense verdict at trial.

Recognition

Rankings & Honors

  • Recognized as a New York Super Lawyer for Securities Litigation, Business Litigation, and Appellate matters (2013, 2016-2018)

Affiliations

Community & Professional Activities

  • New York County Lawyers Association
  • New York City Bar Association

Publications

  • “Preparing a Challenge to the Admissibility of Expert Testimony in the Federal and State Courts of New York,” the N.Y. State Bar Association’s Products Liability in New York, Strategy and Practice
  • “Selection of Experts, Expert Disclosure and the Pretrial Exclusion of Expert Testimony,” West’s Commercial Litigation in New York State Courts

Media & Events

Education

J.D., University of Virginia School of Law, 1986

B.A., summa cum laude, Fordham University, 1982

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the First, Second, Third, Fifth, Sixth, Tenth, and Federal Circuits
  • U.S. District Court for the Southern, Eastern, and Northern Districts of New York
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Western District of Michigan
  • U.S. Tax Court

Bar Associations

  • New York
  • Vermont
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