John M. Newman

John M. Newman Jr.
Firm: Jones Day
Address: North Point
901 Lakeside Avenue
Cleveland, OH 44114-1190
Phone: (216) 586-7207
Fax: (216) 579-0212
E-mail: Contact Us
Web site:

Position Areas of Practice Bar Admissions
Education Published Works Representative Cases
Lawyer Profile:

Jack Newman represents public companies and their officers and directors in securities litigation, shareholder actions, and fiduciary and governance actions, as well as claims arising from mergers and acquisitions. His practice has also encompassed banking services, employee benefits, bankruptcy, tax and accounting-related litigation, and other commercial controversies.

Jack has been successful in winning shareholder cases through motions to dismiss under the Private Securities Litigation Reform Act, in motions for summary judgment, denial of class certification, and trial.

Representative clients in recent public matters include Albertsons, American Greetings, American Kidney Stone Management, Boykin Lodging, Cardinal Health, Diebold, Education Management, FirstMerit, International Coal Group, Macy's, Nationwide Mutual, PNC (National City Corporation), The Royal Bank of Scotland Group, Sherwin-Williams, Xcel Energy, and Zimmer Holdings.

Jack is a Fellow of the American College of Trial Lawyers. He has served on the board of editors of the Federal Litigation Guide Reporter and was a member of the adviser group for The American Law Institute Project on Complex Litigation (1988-1992). He is a member of the ABA (Litigation and Business Law Sections), the Los Angeles County Bar Association, and the Cleveland Metropolitan Bar Association (Judicial Selection Committee, 1988-1990).

Current Employment Position(s):

Areas of Practice:
Securities Litigation & SEC Enforcement
Trial Practice
Securities Fraud Class Actions
Shareholder Derivative Actions
Accounting & GAAP Issues
ERISA & Other Employee Benefits Litigation
Business and Tort Litigation (USA)
Bar Admissions:
Harvard University Law School, Cambridge, Massachusetts, 1969
Honors: cum laude

Georgetown University, 1966
Honors: magna cum laude

Published Works:
Basic Truths: The Implications of the Fraud-on-the-Market Theory for Evaluating the ‘Misleading’ and ‘Materiality’ Elements of Securities Fraud Claims, coauthor, Journal of Corporation Law 571, 1995

Representative Cases:
Albertson's and its directors defend shareholder action
American Kidney Stone Management defends breach of contract and breach of fiduciary duty action brought against them by former LLC members
Boykin Lodging resolves shareholder action
Brantley Capital resolves securities class action
Cardinal Health resolves securities class action, ERISA class action and shareholder derivative actions (2009)
Cooper Tire & Rubber Company obtains dismissal of securities fraud action
Cooper Tire obtains nationwide class settlement in action alleging deficient manufacturing and sales practices for steel-belted radial tires
Corrpro Companies obtains dismissal of action alleging securities disclosure violations
Diebold resolves ERISA stock drop action
Diebold securities litigation dismissal upheld by Sixth Circuit (2009)
Empryrean Bioscience obtains dismissal of securities litigation (2009)
Federated Department Stores obtains dismissal of shareholder derivative action
Federated Department Stores obtains dismissal of securities litigation
Figgie International directors defend shareholder class action
International Coal Group defends securities class action
International Coal Group obtains dismissal of shareholder class action (2009)
Macy's obtains dismissal of shareholder derivative action (2009)
Macy's obtains dismissal of securities class action
May Department Stores defeats plaintiff's motion for class certification and obtains dismissal of shareholder litigation
Mesa Airlines resolves shareholder class action (2009)
Mesa Airlines wins dismissal of federal case in Ohio alleging defective aircraft engine (2009)
Micro Warehouse resolves securities litigation
National City Bank defends securities, derivative and ERISA litigation arising from dislocations in the credit and real-estate markets
National City Corporation defends shareholder litigation
National City issues stock to Corsair Capital
Nationwide Mutual Insurance defends shareholder class action
Omnicom Group defends shareholder class action (2009)
Omnicom Group resolves shareholder litigation
Quantum Health Resources obtains summary judgment in shareholder class action
Royal Bank of Scotland defends action arising out of collapse of Enron
Seaman Furniture defends action filed by minority shareholders (2009)
Sherwin-Williams defends shareholder derivative action stet
Sulcus Computer resolves shareholder class action
USX Corporation defends shareholder class action
Xcel Energy defends shareholder class action
Xcel Energy obtains dismissal of securities fraud, derivative and ERISA actions
Xcel Energy obtains dismissal of shareholder derivative action
Xcel Energy resolves action brought by beneficiaries of employee benefit plans
Xcel Energy resolves shareholder derivative action
Xcel Energy undergoes $10 billion chapter 11 reorganization of its unregulated utility subsidiary, NRG Energy
Zimmer Holdings obtains dismissal of shareholder derivative action (2009)
Past Employment Positions:
Judge Irving Hill, United States District Court, Central District of California, Law Clerk

Central District of California, Assistant U.S. Attorney, 1970 - 1975

West Practice Categories:
Administrative, Business & Commercial, Employee Retirement Income Security Act (ERISA) -- Employee, Employment, Litigation & Appeals, Securities, Tax

When viewing a listing, consider the state advertising restrictions to which lawyers and law firms must adhere, as well as our West Legal Directory disclaimers.