JOHN A. (JACK) CRAWFORD, JR. Jackson Office (601) 985-4532 jack.crawford@butlersnow.com Jack is experienced in financial services litigation and commercial litigation matters. He has been AV-rated by Martindale-Hubbell and recognized by both Super Lawyers and Best Lawyers in America. PRACTICE AREAS AND INDUSTRY TEAMS Antitrust, Competition & Trade Regulation Bankruptcy and Restructuring Broker-Dealer and Investment Advisers Commercial Litigation Financial Services Litigation Trucking Litigation EXPERIENCE Precision Spine, Inc. and Spinal USA, Inc. v. Zavation, LLC, et al., 3:15cv681-LG-RHW, In the United States District Court for the Southern District of Mississippi. Plaintiffs, a spinal medical device manufacturer and distributor, sued Zavation, a competing spinal medical device manufacturer, for misappropriation of trade secrets, unfair competition and tortious interference. We defended Zavation, LLC and prosecuted its counterclaim for breach of contract, tortious interference and additional claims. After all of the dispositive motion briefing was completed, Zavation was able to settle the matter on favorable terms. Delta Bay Medical, LLC, et al. v. Zimmer, Inc., et al., 3:11cv156-HTW-LRA, In the United States District Court for the Southern District of Mississippi. Former co-distributor sued for breach of contract, tortious interference, breach of fiduciary duty and other claims seeking over $8 million. We defended the claims against Zimmer and prosecuted its counterclaims for over $2 million. The District Court granted Zimmer s motions for summary judgment over plaintiffs claims, ECF Nos. 207 & 208 and denied plaintiffs motions for summary judgment over Zimmer s claims. ECF No. 212. Before trial, the parties settled, without Zimmer paying any money to plaintiffs. Certain Borrowers v. Southern AgCredit ACA (SAC), G2014-198 S/2, in the Chancery Court for the First Judicial District of Hinds County, Mississippi. Wealthy borrowers defaulted on a large loan governed by the Farm Credit Act and Farm Credit Administration regulations and rules. Borrowers asserted violations of certain statutes and regulations in not granting a restructuring of the loans. SAC countersued for the debt. In discovery, SAC learned that the borrowers were mining dirt on the premises, to
which we were successful in obtaining a preliminary injunction against borrowers. Additionally, SAC later received summary judgment over all of Plaintiffs claims against SAC, and the Court entered a $5,247,123.77 judgment in SAC s favor against borrowers. The corporate borrower then filed Chapter 11 in Mississippi, to which we were successful in defeating Debtor s preliminary injunction motion and successfully had the automatic stay lifted to allow SAC to proceed with foreclosing on the property. The individual Debtors filed Chapter 11 in Florida to which SAC pursued and favorably resolved their claims in a global resolution with individual Debtors. Insurasource, Inc. v. Cowles & Connell of New York, Inc., 2011 WL 4397487 (S.D. Miss. 2011) (dismissing defendants for lack of personal jurisdiction), affirmed by, [after oral argument] 2012 WL 2093851 (5th Cir. 2012) ("appellees did not make any contracts with a resident of Mississippi, commit any torts in Mississippi, or otherwise do business in Mississippi"). Obtained a $3,101,506.37 jury award in federal court for a Mississippi fertilizer company in a contractor negligence suit with a 60/40% allocation of fault between general and subcontractor, which was affirmed on appeal by the Fifth Circuit see 402 Fed. Appx. 866, 2010 WL 4033992 (5th Cir. 2010), and obtained a $4,200,000 settlement with primary insurance carrier and a confidential settlement with excess carrier. Obtained a defense judgment in a $3,500,000 adversary proceeding by Chapter 7 trustee arising from a massive check kiting fraud, whereby Bankruptcy Court found that bank had a duly perfected first priority lien under Article 4 of the UCC in the bounced checks which were satisfied by the covering wire transfers. See Henderson v. Community Bank, Ellisville, Mississippi (In re Stinson Petroleum Co., Inc.), 2011 WL 4344190 (Bkrtcy. S.D. Miss. 2011), affirmed at 2012 U.S. Dist. LEXIS 37284 (S.D. Miss. Mar. 20, 2012) and, after oral argument, affirmed at 2013 U.S. App. LEXIS 409 (5th Cir. Miss. Jan. 7, 2013). Prosecuted a million dollar arbitration in Atlanta, Georgia against an international company located in the United Kingdom. Prosecuted over a million dollars in deferred compensation claims against Chapter 11 bankruptcy debtor in U.S. Bankruptcy Court. Obtained jury award in Mississippi for landlord against former tenant for significant damages to facility and surrounding property, which was affirmed on appeal. Obtained a directed verdict in jury trial against local Mississippi equipment distributor in suit brought by a railroad company. Defended national truck manufacturer in $40 million commercial warranty suit brought by trucking company in bankruptcy which after years of litigation was settled for less than $50,000. Defeated a motion for preliminary injunction by pharmacy against one of its competitors whereby pharmacy sought to deprive competitor of its First Amendment right to discuss proper billing practices under Centers for Medicare and Medicaid Services Medicare Claims Processing Manual. See Bond Pharmacy, Inc. v. AnazaoHealth Corp., 2011 WL 4766444 (S.D. Miss. 2011).
Obtained dismissal of a $15 million suit against Canadian Imperial Banking Corporation (CIBC) and its security broker in the Circuit Court of Shelby County, Tennessee. The successor trustee had asserted claims of conspiracy, conversion, misappropriation and breach of fiduciary duty suit arising from the use of the proceeds of a collar or equity protection agreement to satisfy the secured obligations of another trust. The Tennessee Court of Appeals affirmed the trial court s dismissal of the suit. See Morris v. Grusin, 2009 WL 4931324 (Tenn. Ct. App. 2009). Represented large securities firm in $20 million suit by 48 plaintiffs arising from rogue broker who allegedly forged client documents and allegedly placed clients in unsuitable products, with matter being settled for nominal amount. See Speed v. AmSouth Bancorporation, 2006 WL 839546 (S.D. Miss. 2006). Represented national bank in $100 million suit arising from the Martin Frankel insurance company raiding scandal, successfully removing action and ultimately having it transferred to another State. See Dale v. First American Nat. Bank, 370 F.Supp.2d 546 (S.D. Miss. 2005). Represented clients in administrative actions brought by the Mississippi Secretary of State s office for various FINRA and State law securities violations. Advised clients in successfully acquiring securities brokers from protocol and nonprotocol firms. Obtained summary judgment for national gaming manufacturer in million dollar suit which was affirmed by Fifth Circuit Court of Appeals. Capital Gaming Supplies, Inc. v. Gametech International, Inc., 166 Fed.Appx. 137 (5 th Cir. 2006). Obtained dismissal of vitamins antitrust suit by indirect purchaser, which was affirmed by the Mississippi Court of Appeals. See Carder v. BASF Corp., 919 So.2d 258 (Miss. App. 2005). Assisted in obtaining dismissal of putative class action claim against gasoline companies by consumers under the Mississippi Consumer Protection Act arising from state-ofemergency declared by Governor of Mississippi as a result of Hurricane Katrina. Cole v. Chevron USA, Inc., 554 F.Supp.2d 655 (S.D. Miss. 2007). Prosecuted and enforced numerous loan agreements, leases, security interests for national and regional financing companies and banks. Represented clients in bankruptcy actions pending in Delaware, Florida, Illinois, Mississippi, Tennessee and Texas. Obtained a $5,000,000 final non-dischargeability judgment against Chapter 7 debtor in adversary proceeding arising from defalcation of trust proceeds [523(a)(4)] and submission of fraudulent financial statements [523(a)(2)]. Obtained a $1,500,000 final non-dischargeability judgment against Chapter 7 debtor in adversary proceeding arising from defalcation of trust proceeds [523 (a)(4)] and submission of fraudulent financial statements [523 (a)(2)].
Obtained a $200,000 final non-dischargeability judgment against Chapter 7 debtor in adversary proceeding pursuant to complaint for embezzlement or larceny [523(a)(4)] and for willful and malicious injury by debtor to another entity [523(a)(6)]. BAR ADMISSIONS Mississippi, 1996 U.S. District Courts Mississippi: Northern, Southern U.S. Court of Appeals 5 th Circuit DISTINCTIONS Martindale-Hubbell AV - Preeminent Peer Review Rated, 2007-2017 Super Lawyers Mid-South Super Lawyers, Business Litigation, 2012-2017 Best Lawyers in America Commercial Litigation, 2013-2018 Litigation Securities, 2018 Mississippi Business Journal Top 40 Under 40, 2007 Two years of Public Accounting in Memphis, Tennessee Passed 1991 Certified Public Accountant Exam ASSOCIATIONS American Bar Association American Bankruptcy Institute Capital Area Bar Association Defense Research Institute (DRI) Mississippi Bar Mississippi Bar Association Bench-Bar Liaison Committee Member, 2015-2016 Litigation Section Minority Involvement Committee Unauthorized Practice of Law Committee Member, 2012-2013 Chair, 2013-2014 Chair, 2014-2015
EDUCATION & HONORS University of Mississippi, J.D., summa cum laude, 1996 Business Manager, Mississippi Law Journal Dean Robert J. Farley Award for graduating first in Class of 1996 University of Mississippi, B.S., Accounting, magna cum laude, 1991 PAPERS, PRESENTATIONS AND PUBLICATIONS Lecturer, Litigating Business Contracts (NBI) Lecturer, When the Tenant Files Bankruptcy During Eviction (Lorman). Lecturer, Bankruptcy Litigation and Objections to Confirmation in Chapter 11 Proceedings (NBI). Lecturer, Bridge the Gap Seminar (Young Lawyers Division of The Mississippi Bar and Young Lawyers Division).