John Parks

Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Suite 4000
    Denver, CO 80203

John Cardinal Parks is a partner in the Denver office of Lewis Brisbois and a member of the Antitrust & Competition Practice. Mr. Parks has over 40 years of experience in creating legal solutions to complex business problems, including counseling clients on antitrust and unfair competition issues, as well as representing them in litigation matters, assisting companies in reorganizing under Chapter 11 of the Bankruptcy Code, in addition to representing trustees, receivers, official committees and creditors in bankruptcy and insolvency matters, and representing parties in commercial transactions and disputes. 

Mr. Parks has first chair jury and bench trial experience in dozens of cases and has argued numerous cases to federal and state courts of appeals. He has represented clients in courtrooms across the country, including cases litigated in New York, Pennsylvania, Delaware, South Carolina, Florida, Louisiana, Ohio, Kentucky, Michigan, Illinois, Minnesota, Colorado, Wyoming, Utah, Montana, Arizona, Nevada, and California.

In addition to having diverse experience in a wide range of substantive areas of the law, including antitrust and unfair competition, bankruptcy, commercial law, construction law, products liability, and medical malpractice, Mr. Parks has provided legal counsel to a variety of different industries, including airlines, electric utilities, equipment manufacturers, insurance companies, general contractors, transportation, telecommunications, hospitals, and doctors.

Mr. Parks is a veteran of several other prominent national and regional law firms, including Squire Patton Boggs, Dewey & LeBoeuf, and Faegre Baker Daniels.

Related Legal Alerts

Published Opinions

  • Mabey v. Southwestern Electric Power Co. (In re Cajun Electric Power Cooperative, Inc.), 150 F. 3d. 503 (5th Cir. 1998)(disqualification of proponent of Chapter 11 plan of reorganization)
  • In re:  Lower Lake Erie Iron Ore Antitrust Litigation, 998 F.2d 1144 (3rd Cir. 1993) (antitrust conspiracy)
  • Citibank, N.A. v. White Motor Corp. (In re White Motor Credit Corp.), 761 F.2d 270 (6th Cir. 1985), affirming, 37 B.R. 631 (N.D. Ohio, 1984) (proper forum for liquidating product liability claims against a Chapter 11 debtor)
  • White Motor Corp. v. Citibank, N.A., 704 F.2d 254 (6th Cir. 1983) (constitutionality of interim rule delegating bankruptcy jurisdiction from district courts to bankruptcy courts in the wake of the Supreme Court's decision in Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982) and authority of bankruptcy court to appoint special master)
  • Bratton v. The Yoder Co. (In re:  The Yoder Co.), 758 F.2d 1114 (6th Cir. 1985) (application of the presumption of receipt upon mailing)
  • Travelers Property Casualty Co. v. Saint-Gobain Technical Fabrics Canada, Ltd., 474 F. Supp. 1075 (D. Minn. 2007) (products liability action based failure of exterior façade of Pepsi Center in Denver, Colorado)
  • Nicholls v. Zurich American Insurance Group, 244 F. Supp. 2d 1144 (D. Colo. 2003) (coverage under directors’ and officers’ liability insurance policy and effect of automatic stay on cancellation of policy)
  • Worlds of Wonder Inc. v. Vector Intercontinental Inc., 653 F. Supp. 135 (N.D. Ohio 1986) (copyright infringement action involving "Teddy Ruxpin" animated toy bear)
  • In re: Cajun Electric Power Cooperative, Inc., 230 B.R. 715 (Bankr. M.D. La. 1999) (confirmation of competing plans of reorganization for electric utility)
  • Cajun Electric Members Committee v.  Mabey (In re Cajun Electric Power Cooperative, Inc.), 230 B.R. 693 (Bankr. M.D. La. 1999) (assumability and assignability of electric cooperative’s all-requirements contracts with members)
  • America West Airlines, Inc. v. City of Phoenix (In re: America West Airlines, Inc.), 214 B.R. 382 (Bankr. D. Az. 1997) (standards for approving settlements under Rule 9019 of the Federal Rules of Bankruptcy Procedure)
  • In re: America West Airlines, Inc., 179 B.R. 893 (Bankr. D. Az. 1995) (application of res judicata to bar claim based on employee stock options)
  • First Wisconsin National Bank v. Terex Corp. (In re Terex Corp.), 53 B.R. 616 (Bankr. N.D. Ohio 1985) (standards governing motions to intervene under Rule 24(b))
  • Crawford v. Board of Education, 6 Ohio St. 3d 324, 453 N.E. 2d 627 (1983) (whether substitute teaching experience can be used for years of service credit under teacher salary scale)
  • Minnich v. Guernsey Savings and Loan Co., 36 Ohio App. 3d 54, 521 N.E. 2d 489 (Ohio App. 1987) (application of Marketable Title Act in a chain of title dispute)
  • Nash v. General Electric Co., 64 Ohio App. 2d 25, 410 N.E. 2d 792 (Ohio App. 1979) (whether in products liability action a defect may be proved by continued use of product over time without incident).

Publications

  • Author, "Evaluating Antitrust Exposure When Purchasing a Competitor’s Assets", American Bankruptcy Institute Journal, November 2015
  • Co-Author, "Evaluating Antitrust Exposure When Purchasing A Competitor’s Assets In Bankruptcy: 'Caveat Emptor!'" Mondaq, March 30, 2015
  • Co-Author, "New York District Court Rules Against American Express in a Closely Watched Antitrust Case," Lewis Brisbois Antitrust & Competition Law Client Alert, February 20, 2015
  • Co-Author, "FTC Announces New Reporting Thresholds Under the Hart-Scott-Rodino Antitrust Improvements Act," Lewis Brisbois Antitrust & Competition Law Client Alert, February 19, 2015
  • Co-Author, "Recent Ninth Circuit Decision a Reminder that a Merger Falling Below Hart-Scott-Rodino Thresholds is Not a Safe Harbor," Lewis Brisbois Antitrust & Competition Law Client Alert, February 18, 2015
  • Electricity Is a "Good" under § 503(b)(9), Right? Not So Fast — It Might Be Too Fast to Be a "Good",  ABI Bankruptcy Litigation Committee Newsletter, April 2014
  • The Effective Use of Bidding Incentives in Bankruptcy, 2000-2001 Annual Survey of Bankruptcy Law (West Group)
  • A Modest Proposal: Bankruptcy Courts Should Review Bidding Incentives for Whether They Maximize Estate Value, California Bankruptcy Report, March 2000
  • A Modest Proposal: Bankruptcy Courts Should Drop the Convoluted Analysis and Simply Review Bidding Incentives for Whether they Maximize Estate Value, Colorado Bankruptcy Court Report, April 2000

Representative Cases

Antitrust and Unfair Trade Practices

  • Advised Estenson Logistics, a Phoenix-based contract carriage company, on the federal antitrust issues pertaining the acquisition of $300 million of its assets by The Hub Group, a publicly-traded transportation management company, including preparation and filing of Estenson's notification and report with the FTC and DOJ under the Hart-Scott-Rodino Antitrust Improvements Act.
  • Lower Lake Erie Iron Ore Antitrust Litigation – Lead member of litigation team that defended antitrust claims filed against Bessemer and Lake Erie Railroad Co., a subsidiary of U.S. Steel. The claims were filed in ten antitrust cases that were consolidated and tried together in the Eastern District of Pennsylvania. The plaintiffs' total claims, when trebled, exceeded $1.6 billion. The jury trial lasted 10 weeks and resulted in judgments totaling $638.5 million. As one of the lead trial lawyers on the defense team, conducted numerous direct and cross-examinations of both lay and expert witnesses and gave the closing arguments in five of the ten cases.
  • America West Airlines – During its reorganization under Chapter 11 of the United States Bankruptcy Code, counseled America West Airlines which, at the time, was the nation's ninth largest air carrier, on whether to file a predatory pricing case against a competitor airline. 
  • Clear Creek Consulting, Inc. – Defended tax resolution service in unfair competition case filed by a competitor under the Lanham Act and state unfair competition laws.
  • OtterBox Antitrust Litigation – Representing three terminated OtterBox distributors on a “hub-and-spoke” conspiracy under Section 1 of the Sherman Act against a smartphone case manufacturer and four of its current distributors. 
  • Imperial Irrigation District – Representing the largest irrigation district in the country and the third largest municipal electric utility in California in connection with monopolization and attempted monopolization under Section 2 of the Sherman Act, as well as related state law claims, against California Independent System Operator Corporation. 
  • ClarkWestern Dietrich Antitrust Litigation – Represented one of the defendants in a Sherman Act Section 1 group boycott case filed by one of the members of the Steel Stud Manufacturers Association against certain other members. Claim against represented defendant resolved on a favorable terms early into the litigation.

Bankruptcy and Insolvency

  • Southern Montana Electric Generation and Transmission Cooperative, Inc. – Represented the Chapter 11 trustee of a rural electric cooperative in one of the largest reorganization cases ever to have been filed in the state of Montana.
  • Trillion Partners, Inc. – Represented the federal equity receiver for an Austin, Texas based wireless internet and VoIP provider that resulted in a $45 million sale of assets. 
  • Centrix Financial, LLC – Represented Lyndon Property Insurance Company, a subsidiary of Protective Life Corporation, as a major creditor in the Chapter 11 reorganization of a subprime auto loan broker and servicer that, at one time, service over $ 2 billion in loans.
  • Harnischfeger Industries, Inc. – Represented Harnischfeger Industries, Inc., now known as Joy Global Inc., the world’s largest manufacturer of both subsurface and above-ground mining equipment, as a Chapter 11 debtor in possession. Among other litigation matters, successfully resolved a $5 million claim filed by SenStar Capital Corporation, an affiliate of John Deere Credit, based on breach of financing leases.
  • Cajun Electric Power Cooperative, Inc. – Represented the Chapter 11 trustee of an electric cooperative in Louisiana that included a 63-day trial on three competing plans of reorganization which began in December of 1996 and concluded in June of 1999, undoubtedly the longest confirmation hearing in the history of American bankruptcy law. The trustee's plan of reorganization was ultimately confirmed, and the cooperative's assets were sold for $1.2 billion.
  • America West Airlines, Inc. – Lead bankruptcy litigation attorney in Chapter 11 reorganization of what was then the nation's ninth largest air carrier.  Handled evidentiary hearings in matters ranging from a $50 million debtor in possession financing to multi-million dollar claims from breach fo aircraft leases. After company was successfully reorganized and plan of reorganization was confirmed, supervised claim resolution process.
  • ESM Government Securities – Represented the City of Toledo in connection with a $19 million claim in the Chapter 7 stockbroker liquidation of ESM Government Securities, the biggest government securities dealer failure in U.S. history that resulted losses totaling over $300 million.
  • Terex Corporation – Represented heavy equipment manufacturer in Chapter 11 reorganization, including a multi-million claim against First Wisconsin National Bank.
  • White Motor Corporation – Represented truck manufacturer in what was at the time the largest reorganization case to have been filed under the then recently enacted Bankruptcy Reform Act of 1978. White Motor's U.S. assets were successfully sold to Volvo AB, resulting in the formation of Volvo White Truck Corp.
  • FDIC and FSLIC Receiverships – Represented the FDIC as receiver for Northern Ohio Bank. Represented the FSLIC as receiver for Sunrise Savings & Loan, a Boynton Beach, Florida savings and loan company with $1 billion in assets and $1.5 billion in liabilities. As the lead litigation attorney for the receivership, supervised over 300 litigation files. 
  • Represented the FSLIC as receiver for two other failed Florida savings and loan companies in connection with a $60 million secured claim in the Chapter 11 reorganizations of the Hilton Head Corporation and the Sea Pines Plantation Company which, together, owned or controlled most of the real estate on Hilton Head Island, South Carolina.
  • Also represented the FSLIC as receiver for Cleveland Community Savings. 
  • Cascade Integrated Services, LLC – Served as Chapter 11 counsel for an oil field services company. Successfully confirmed a plan of liquidation under which creditors are projected to receive substantial recoveries and currently representing the Liquidating Trustee.

General Liability

  • M. A. Mortenson Company – Defended M.A. Mortenson Company in litigation involving failure of the exterior facade of the Pepsi Center in Denver, Colorado.
  • Triton Development – Defended construction defect claims filed against builder/vendor of residential real estate projects developed under the Colorado Common Interest Ownership Act. In one case involving a patio home development of over 100 units, a multi-million dollar settlement was reached at the beginning of trial. In another case, in which a 100 unit condominium project was involved, conducted a month-long arbitration hearing in which the claimants had sought $15 million but were awarded only $2.7 million by arbitrator.
  • Vector Intercontinental, Inc. – Represented Vector Intercontinental in copyright infringement action filed against it Worlds of Wonder, the creator of the "Teddy Ruxpin" animatronic toy bear.
  • Beverly Hills Supper Club – Represented the owners of the Beverly Hills Supper Club in the third largest nightclub fire in U.S. history.  165 people died and over 200 were injured as a result of the blaze. 
  • Buster T. Brown's – Defended owner of major restaurant chain in two-week federal court jury trial of section 1983 racial discrimination case.

Professional Presentations

  • National Institute for Trial Advocacy - Rocky Mountain Building Trial Skills Program -  April 2014 - Faculty
  • National Institute for Trial Advocacy - Rocky Mountain Building Trial Skills Program -  April 2005 - Faculty
  • American Bankruptcy Institute - 2013 Rocky Mountain Bankruptcy Conference - January 2013 - Panelist on Effectively Trying Contested Matters
  • American Bankruptcy Institute - 2006 Rocky Mountain Bankruptcy Conference - January 2006 - Panelist on Changes to Chapter 5 of Bankruptcy Code under BAPCPA
  • Construction Defect Claims in Colorado, Denver, CO, Lorman Education Services, January,  2005 - Panelist

Admissions

California

Colorado

Ohio

Supreme Court of the United States

United States Courts of Appeals for the Fifth, Sixth, and Tenth Circuits

United States District Courts for the Northern District of Ohio, Southern District of Ohio, District of Colorado, District of Arizona, and the Eastern District of Michigan

Associations

  • American Bankruptcy Institute - member; Bankruptcy Litigation Committee; Business Reorganization Committee
  • Colorado Lawyers Committee - Board of Directors - 1994-1999; Education Task Force - 1994-1999
  • The Denver Law Club - President - 2009-2010
  • Colorado Bar Association - member
  • Denver Bar Association - member
  • American Bar Association - member; Section of Antitrust 

Education

University of Cincinnati College of Law

Juris Doctor, 1976

Yale University

Bachelor of Arts, 1972

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