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Overview

John Rothermich helps clients successfully resolve regulatory and government investigations, critical business disputes, and other complex litigation.

For more than 15 years, John has advised clients in matters ranging from the defense of a transportation services provider in a $250 million False Claims Act suit in federal court, to healthcare fraud investigations by the Office of the Inspector General (OIG) and U.S. Department of Justice (DOJ), to the representation of individuals in antitrust investigations and the defense of commercial contract and employment disputes.

He is committed to obtaining the best possible result for his clients in a compassionate, efficient, and cost-effective manner, which often entails working closely with key expert witnesses or applying his deep experience in managing complicated and voluminous document discovery.

Representative matters and industries include:

  • False Claims Act & Qui Tam Actions: John represented a transportation services provider in federal court in defense of claims asserted by the United States Department of Justice and whistleblower employees under the False Claims Act seeking over $200 million in damages and statutory penalties.  On the eve of trial, John obtained summary judgment for his client resulting in dismissal of the majority of the government’s claims and a highly favorable settlement.
  • Healthcare:  John has represented physicians and laboratories in connection with health care fraud investigations by the DOJ and the OIG. John’s other healthcare work ranges from the successful litigation of certificate of need issues for diagnostic imaging providers in Alaska and representation of physicians in business disputes to representation of health insurers in federal court litigation involving policy provisions and coverage issues. 
  • Financial Institutions:  John obtained a favorable settlement for the Federal Deposit Insurance Corporation in complex professional liability claims against former officers and directors of a failed bank related to real estate development lending after more than a year of contentious litigation.  John has also represented banks in defense of fraud and negligence claims related to Ponzi schemes, and has also assisted bank clients in responding to document and deposition subpoenas.
  • Antitrust: John has represented individuals targeted by the Antitrust Division of the U.S. Department of Justice for possible criminal antitrust charges, and participated in the defense of a large transportation industry client in both a criminal investigation and the resulting multidistrict class action lawsuit. 
  • Real Estate and Land Use: John has represented clients in several real estate and land use cases, including obtaining a favorable jury verdict for his client in an earnest money contract dispute after the jury deliberated only 10 minutes, and crafting a summary judgment motion in a condemnation case for a municipal client resulting in voluntary dismissal by the plaintiff.  He also obtained a grant of summary judgment for a Central Oregon municipality on a case involving zoning issues.
  • Employment Litigation:  John has obtained favorable settlements for employers in discrimination suits in state and federal court involving hostile workplace, retaliation and workers’ compensation discrimination claims.
  • Other Complex Commercial Litigation:  John obtained a favorable summary judgment ruling in federal court for a Texas private equity firm reducing the plaintiff’s claimed damages from millions to less than $200,000, leading to a favorable settlement for the client.
  • Pro Bono Service:  Both at Garvey Schubert Barer and before that at WilmerHale in New York, John has provided hundreds of hours of free representation to indigent clients, benefiting both individuals in need and the community.  At Garvey Schubert Barer, his pro bono representations include obtaining a favorable settlement for a prison inmate in a federal civil rights case regarding inadequate medical care, representation of the Oregon Advocacy Center in connection with complicated confidentiality issues, and legal work for the Oregon chapter of the ACLU.  In New York, he obtained relief in the Second Circuit Court of Appeals for an immigrant client who had been deported due to the malfeasance of his attorney and helped defend a criminal fraud case for a defendant in need.

Professional Activities

  • Former Chair and current member, Antitrust and Trade Regulation Section, Oregon State Bar
  • Executive Committee Member, Securities Regulation Section, Oregon State Bar, 2013-2014
  • Barrister, Owen M. Panner American Inn of the Court, 2009-2014
  • Former Member, Court Liaison Committee, Multnomah Bar Association, 2008-2010
  • Member, Federal Bar Association, 2008-present

Community Activities

  • President, Board of Directors of Outside In, a Portland non-profit that runs a Federally Qualified Health Care Center serving at-risk youth and the homeless, 2015-present
  • Treasurer, Beach School PTA, 2010-2011

News & Insights

Admissions

  • Oregon, 2007
  • U.S. District Court, District of Oregon, 2007
  • U.S. Court of Appeals, 9th Circuit, 2007
  • U.S. Court of Appeals, 2nd Circuit, 2005
  • New York, 2001
  • U.S. District Court, Southern District of New York, 2001

Education

Fordham University School of Law, J.D., magna cum laude, 2000

  • Order of the Coif
  • Senior Articles Editor, Fordham Law Review
  • Joseph R. Crowley Scholar in International Human Rights
  • Co-Director, Fordham Housing Advocacy Project

Brown University, A.B., Semiotics, with honors, 1995

Clerkships

  • Judge Maryanne Trump Barry
    U.S. Court of Appeals, Third Circuit
  • Judge Alvin K. Hellerstein
    U.S. District Court, Southern District of New York

Honors | Recognitions

  • Named by the Daily Journal of Commerce as an “Up And Coming Lawyer” for 2010
  • Legal Aid Society of New York Award for Outstanding Pro Bono Service, 2005
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