Attorneys John-Mark Turner

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John-Mark is a business litigator with an emphasis on complex, high-stakes cases. He specializes in class actions, intellectual property litigation, and appellate work, and also has substantial experience in ERISA defense, securities/corporate litigation, and commercial real estate disputes.

He has a long track record of success representing a wide variety of industries and clients including manufacturers, software developers, insurers, schools and universities, professional practices, and online retailers. In addition, John-Mark regularly acts as Special Counsel to the State of New Hampshire. Among other matters, he successfully defended the Pease Tradeport in Town of Newington v. State, 162 N.H. 745 (Supreme Ct. 2011), and was lead counsel in Amanda D. Governor, a class action suit brought in 2012 challenging the State’s community mental health system that was settled in 2014.

Prior to joining the firm, John-Mark served as law clerk to the Hon. Michael Murphy, Circuit Judge for the United States Court of Appeals for the Tenth Circuit. While in law school, John-mark was an Executive Editor for the California Law Review.

Key Cases

  • Control Solutions, Inc. v. MicroDAQ.com, Inc., 2015 WL 5092593 (D. Oregon 2015): dismissal in favor of defendant accused of trademark infringment through use of Google AdWords
  • Passatempo v. McMenimen, 86 Mass. App. Ct. 742 (Mass. Appeals Ct. 2014): upholding large jury verdict against insurance company whose agent defrauded insured
  • Starbucks Corporation v. Wolfe’s Borough Coffee, Inc.,736 F.3d 198 (2d Cir. 2013): judgment for defendant accused by Starbucks of trademark infringement, dilution, and unfair competition.
  • Achille v. Achille, 117 A.3d 1144 (N.H. Supreme Ct. 2015): upholding trial court restraining order in multi-million dollar divorce case.
  • Kimball Union Academy v. Genovesi, 165 N.H. 132 (N.H. Supreme Ct. 2013): upholding jurisdiction against engineer sued for professional negligence.
  • Town of Newington v. State, 162 N.H. 745 (N.H. Supreme Ct. 2011): affirming judgment for State authority sued by municipality over wetlands zoning regulations
  • South Willow Properties, LLC v. Burlington Coat Factory, 159 N.H. 494 (N.H. Supreme Ct. 2011): affirming eviction and damages claim on behalf of commercial landlord
  • Wright v. R.R. Donnelley & Sons Co. Group Benefits Plan, 402 F.3d 67 (1st Cir. 2005): affirming judgement in favor of insurer on ERISA claims

Admissions

  • State of New Hampshire
  • United States Tax Court
  • United States Court of Appeals for the First and Second Circuits

Civic Involvement

  • John-Mark previously served on the Board of Directors of the Farnum Center, a treatment center for individuals dealing with alcohol and substance abuse, and New Hampshire Legal Assistance.

Awards

  • John-Mark has been selected as a New England Super Lawyer, in the area of Business Litigation, since 2009.

Publications

  • When your AdWords keywords land you in court

  • Who is Liable for Overweight Truck Fines?

  • Software Developers Need to Check Their Insurance Policies

  • Supreme Court At-a-Glance

  • After a Recent New Hampshire Supreme Court Decision, Businesses Should Take Another Look at Their Commission Agreements With Their Sales Forces

  • Physician – Hospital Ambulatory Surgery Center: A Compliance Guide – Part 1

Sheehan Phinney is honored to have been named the 2016 Business of the Year for Business Services by Business NH Magazine.

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