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John Viola

Partner

Los Angeles
310 282 9407 310 282 9407 direct

OVERVIEW
EXPERIENCE
INSIGHTS
NEWS & EVENTS
RELATED INFORMATION

INDUSTRIES

PRACTICES

Education
- New York University School of Law,
  
  J.D., 1979
- Columbia University,
  
  A.B., 1976
Admissions
- California
- California USDC, Central District
- California USDC, Eastern District
- California USDC, Northern District
- California USDC, Southern District
- Hawaii USDC
- New York USDC, Eastern District
- New York USDC, Northern District
- New York USDC, Southern District
- New York USDC, Western District
- US Ct Appeals, 3rd Circuit (Covers DE, NJ, PA, Virgin Islands)
- US Ct Appeals, 6th Circuit (Covers KY, MI, OH, TN)
- US Ct Appeals, 7th Circuit (Covers IL, IN, WI)
- US Ct Appeals, 9th Circuit (AZ, CA, HI, ID, MT, NV, OR, WA, Guam, M. Isles)
- US Ct Appeals, 10th Circuit (CO, KS, NM, OK, UT, WY)
- US Ct Appeals, DC Circuit
- US Supreme Ct
Affiliations
- American Bar Association
- State Bar of California
- State Bar of New York
Recognitions
- Listed in The Best Lawyers in America® (by BL Rankings), 2015-2024
- Listed in Southern California Super Lawyers (by Thomson Reuters), 2005; 2007-2010, 2017-2018
Employment
- Thompson Coburn LLP
  
  Partner, 2015-Present
- Dykema Gossett LLP
  
  Member, 2007-2015
- Thelen LLP
  
  Partner, 1996-2007
- Adams, Duque & Hazeltine
  
  Partner, 1990-1996
  
  Executive Committee Member, 1993-1995
- Metropolitan Life Insurance Company
  
  Attorney, 1979-1987

John serves as a one-stop resource for employment counseling and litigation for companies in California and across the country.

He also draws on his background in the insurance industry to counsel and defend insurance companies on a host of industry-specific legal issues.

In his California and national employment law practice, John defends companies facing claims of discrimination, harassment, wrongful discharge and retaliation. He defends whistleblower claims and wage and hour class actions, collective actions and Private Attorney General Act (PAGA) actions. John provides advice and counsel to employers in dealing with the complex web of federal, state and local laws, regulations, ordinances and cases governing the employment relationship, including the Americans with Disabilities Act, the Equal Opportunity Act (EEO), the Age Discrimination in Employment Act, the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notice Act (WARN), the California Family Rights Act (CFRA), the California Fair Employment and Housing Act (FEHA), and the California Labor Code, John also conducts internal employment investigations and leads on-site training for employees.

A former in-house attorney with MetLife, John has represented life and health insurance companies for decades and defends first-party "bad faith" and ERISA actions involving universal and variable life insurance policies, as well as more traditional policies, disability policies and health insurance policies and breach of fiduciary duties claims. John has represented insurers in class actions involving market conduct, premium, investment and cost issues. He also has guided insurers, reinsurers and guarantee associations through insolvencies.

For clients across a host of industries, John has tried cases in state and federal courts, and argued before a variety of state and federal appellate courts. He also has successfully arbitrated and mediated numerous cases before the AAA and other dispute resolution agencies.

John is a problem solver and skilled litigator who, nonetheless, strives to help clients head off problems long before they lead to litigation. He also ensures that a company's policies and response to potential and actual claims align with its brand, its values and its ultimate business goals, as well as, of course, with applicable law.

Employment Law

– Employment actions including, wage and hour class actions, collective actions and PAGA actions, claims of wrongful termination, discrimination and harassment. sexual harassment, age discrimination, disability discrimination and misclassification issues.
– Termination, severance, layoffs and furloughs, remote work, accommodation of disabilities, paid sick leave, vacation, employee handbooks, and training on sexual harassment, sales practices and privacy issues.

Insurance Law

- Defense of complex life and health insurance matters, including class actions involving alleged improper premium increases and costs and alleged deceptive sales practices in the sale of life and health insurance policies
- Defense of "actions involving claim denials, deceptive sales and marketing practices in the sale of life insurance policies and annuities, including "vanishing premium" policies, elder abuse, fraud, securities fraud, unfair business practices and RICO violations.
- Defense of actions involving "bad faith" claim denials and actions involving rescissions, suicides, accidental death and other benefits issues.
- Representation of insurers and reinsurers in insolvency matters.

Business Litigation and Counseling

- Defense of ADA claims including access to websites for the blind and visually impaired and physical access barriers.
- Preparation and negotiation of business contracts.
- Litigation of business disputes, including breach of contract, trade secret, unfair competition and whistleblower claims.