John Amato draws on his more than 30 years of litigation experience to represent a wide variety of clients in both federal and state trial and appellate courts. He “lives, breathes and sleeps” his clients’ cases, and his results reflect that.
Whatever the underlying subject matter, John can litigate it. A former Assistant Corporation Counsel for the City of New York, he has tried and brought to verdict or favorable settlement several large jury and bench cases and argued scores of appeals. He has also mediated and counseled clients in high-stakes matters in New York and throughout the country. But he has particularly deep experience leading loan, real estate and bankruptcy litigations for major financial institutions, large retail organizations, and commercial landlords and tenants. He has represented Chapter 11 trustees and creditors’ committees and secured and unsecured creditors in bankruptcy proceedings.
Clients turn to John for his skilled and strategic representation in disputes involving officer and director breach of fiduciary duties, corporate waste and mismanagement allegations, general corporate and partnership disputes, intellectual property law, and accountant’s malpractice, among other matters. He has developed a strong niche in matters involving the statutory trust provisions of the Perishable Agricultural Commodities, and the Packers and Stockyards Acts.
John has also defended various public officers and employees in civil rights cases and a prominent retailer in a variety of matters, including landlord/tenant, breach of contract and class action litigations alleging violation of state consumer protection and business laws. He has given numerous lectures on a variety of topics to clients and various professional organizations, including before the New York State Society of Certified Public Accountants, discussing expert testimony and reports.
experience
- Defeated putative class action alleging violation of various consumer protection laws.
- Represented purchaser of mortgages securing $65 million judgment and defeating competing creditors in judgment enforcement priority dispute.
- Represented pharmaceutical manufacturer in breach of contract action securing several favorable court rulings resulting in favorable settlement.
- Represented secured lender as plaintiff in accountant’s malpractice action, defeating motion to dismiss resulting in favorable settlement.
- Represented furniture retailer in commercial landlord tenant lease dispute.
- Represented indenture trustee in litigation arising out of national retailer bankruptcy.
- Commenced trial to enforce loan agreement, struck defendant’s expert and reached favorable settlement mid-trial.
- Represented unsecured creditor interests as plaintiff in officer and director breach of fiduciary duty, fraudulent conveyance and preference dispute ending in favorable settlement mid-trial.
- Defeated bankruptcy avoidance and equitable subordination claims against secured lender.
- Succeeded in enforcing factoring agreement at trial and awarded 100% of attorney’s fees for doing so.
- Represented bank at trial and on appeal in successful defense of perishable agricultural commodities claims.
- Represented secured creditor in collateral priority dispute with golf cart manufacturer.
- Defeated litigation against letter of credit issuer for fraudulent misrepresentation, conspiracy and violation of RICO statute.
- New York State Bar Association
- American Bar Association
- Federal Bar Council
- New York County Lawyers Association
- American Bankruptcy Institute
- Co-author, “New York Commercial Lending Law”
American Bar Association’s Commercial Lending Law Treatise, Third Edition, A Jurisdiction-by Jurisdiction Guide to U.S. and Canadian Law, 2023 - Co-author, “New York Commercial Lending Law”
American Bar Association’s Commercial Lending Law Treatise, Second Edition, A Jurisdiction-by Jurisdiction Guide to U.S. and Canadian Law, 2016 - “Recharacterization Risks Beware”
LIN’s Equipment Leasing Newsletter, March 2003
I am a licensed U.S. Coast Guard captain and hold a Merchant Mariner Certificate. I also love to boat and fish.