John D. Osgathorpe

Shareholder

A shareholder with Taylor Day, John currently serves as our president and managing partner. In his business litigation and complex torts practice he protects the interests of companies, management teams, business owners, and stakeholders in a diverse array of commercial and torts disputes. He litigates in State and Federal Court, as well as before arbitrators, throughout Florida.

John’s practice includes most types of business and commercial disputes ranging from breach of contract claims, shareholder disputes, corporate governance disputes, misappropriation of trade secrets, “business divorces”, defense of fair debt collection and other consumer protection acts as well as UCC matters while his torts practice includes products liability cases, fire loss cases, truck and auto accidents, defamation, and premises liability, including personal injury and wrongful death matters. He also handles disputes regarding real estate and wills & trusts.

John currently serves as Vice Chair/Marketing Chair for ALFA International’s Business Litigation Practice Group and was recently Chair for ALFA International’s Business Litigation Seminar in September 2022. He is also an active member of ALFA’s Marketing Committee, ALFA’s Complex Torts & Products Liability Practice Group Steering Committee’s and ALFA’s Transportation Practice Group Steering Committee.  He has presented at several ALFA International Client seminars, Business Litigation seminars, and Complex Torts & Products Liability seminars. John previously served on ALFA’s Board of Directors and as its Treasurer, as well as several other committees, and is one of Taylor Day’s contact partners for ALFA International.

  • Indiana University School of Law, J.D.
    • Indiana International & Comparative Law Review, Associate Editor
  • Temple University Law – Tokyo
  • East China University of Political Science and Law, Certificate in Chinese Legal Studies
  • Indiana University, B.A.
  • Vincennes University, A.S.
  • Jacksonville Bar Association
  • Florida Bar Association
  • ALFA International
    • Marketing Chair/Vice-Chair, Business Litigation Practice Group (September 2022 – Present)
    • Member, Marketing Committee (January 2024 – Present)
    • Member, Finance & Investment Committee (October 2017 – Present)
    • Member, Steering Committee, Product Liability and Complex Torts Practice Group (September 2020 – Present)
    • Program Chair, 2022 Business Litigation Seminar (September 8-10, 2022)
    • Member, Board of Directors Nominating Committee (June 2022 – October 2022)
    • Member, Executive Leadership and Search Committee (January 2021 – September 2021)
    • Member, Board of Directors (October 2016 – October 2019)
    • Treasurer (October 2017 – October 2019)
    • Chairman, Marketing Committee (January 2012 – December 2014)
  • University of North Florida Division of Continuing Educations Dean’s Council (2011 – 2014)
  • Jacksonville Lean Consortium (2008 – 2013)
  • Ability Housing of Northeast Florida, Board Member and President (2009 – 2014)
  • Recognized for inclusion in The Best Lawyers in America (2021 – 2024)
  • Martindale-Hubbell, AV-Rated*
  • Named one of North Florida’s Top Lawyers by Jacksonville Magazine (2011 – 2023)
  • Named among Florida “Legal Elites” by Florida Trend Magazine (2012 – 2022)

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

  • Winning AI Gold for In-House Legal Departments (& Avoiding the Agony of Defeat), February 29-March 3, 2024, at ALFA International’s International Client Seminar, El Conquistador Resort, Fajardo, Puerto Rico.
  • Your Role in ALFA & Working toward Profitability for All, October 26, 2023, at ALFA International’s Annual Business Meeting, Fairmount Chicago, Chicago, Illinois.
  • Hot Topics: In-House Counsel’s Attorney-Client in Dual Purpose Communication and Attorney-Client Privilege In International Jurisdictions, June 7, 2023, at ALFA International’s Business Litigation Practice Croup Mini-Regional Seminar, Dallas, Texas.
  • Progress Is Coming, So Lead, Follow, Or Get Out Of The Way, “The Future is Ours to See”, March 3-6, 2023, at ALFA International’s International Client Seminar, La Quinta Resort, Palm Springs, California.
  • Hot Legal Issues in Dynamic Times, September 7-9, 2022, ALFA International’s Business Litigation Seminar, The Broadmoor, Colorado Springs, CO.
  • Best Legal and Business Practices When Developing or Acquiring a New Product, June 1-3, 2022, at ALFA International’s Product Liability & Complex Torts Practice Group Seminar, Fairmont Grand Del Mar, San Diego, California.
  • Best Legal and Business Practices for New Product Ventures, It’s A Brave New World, October 6-8, 2021, at ALFA International’s Product Liability and Complex Torts Practice Group Seminar, The Fairmont Grand Del Mar, San Diego, California.
  • Hot Topics in Business Litigation (Speed Rounds), The World Turns & Business Litigation Marches On, August 18-21, 2021, at ALFA International’s Business Litigation Practice Group Seminar, The Broadmoor Hotel, Colorado Springs, Colorado.
  • Managing Law Firms Through COVID-19, October 22, 2020, at ALFA International’s Annual Business Meeting (via Zoom due to COVID-19), attendance approximately 200 individuals. Addressed financial benefits to ALFA members of the Managing Partners’ group in addressing the Payroll Protection Program and personal restrictions arising from COVID-19.
  • Sharpening the Axe: Forging the Tools Needed to Optimize Your Response to the COVID-19 Disruptions (Webinar), April 14, 2020, part of ALFA International’s COVID-19 webinar series, attendance 66.
  • Seeing Clearly: Pay Transparency and Closing the Gender Pay Gap, March 12, 2020 – March 14, 2020, at ALFA International’s International Client Seminar 2020, J.W. Marriott, Marco Island, Miami, attendance approximately 90 individuals. Addressed legal and social means of addressing pay transparency and inequality for women worldwide with focus on the U.S., the U.K., the E.U., and South America by using women’s soccer as case study.
  • Let’s Make a Deal, February 28, 2019 – March 2, 2019, at ALFA International Client Seminar 2019, Ritz Carlton, Dana Point, California, attendance 180 individuals. Addressed discrete issues in private mergers and acquisition from the competing perspectives of corporate transactional attorneys compared to litigation counsel.
  • Beyond the Ropes Course: Fostering (Truly) Collaborative Relationships in a Competitive Market, at ALFA International Client Seminar 2018 addressing “Leaving It Better Than You Found It, How We Can Lead, Inspire and Improve in Business and Law”, March 1 – 4, 2018, Fairmont Scottsdale Princess, Scottsdale, Arizona. Attendance 261 individuals.
  • Ladders Or Ledges? The Roles of Insurers and Insured in Business Litigation, at ALFA Business Litigation Practice Group Seminar addressing Successful Trekking Along the Precipice, Protecting Your Business Before During and After “Bet the Company” Litigation, Chicago, Illinois | September 14-15, 2017, London House, Chicago, Illinois.
  • Pre-trial Issues: From Prepping for Depositions to Limiting Evidence at Trial, Presenter Georgia Motor Trucking Association Seminar | September 11, 2015.
  • Managing the Scene: The Various Players Orchestrating the Accident Scene, Moderator Georgia Motor Trucking Association Seminar | September 11, 2015.
  • Avoiding Litigation and What it Means When You Can’t Florida 8(a) Alliance webinar | October 25, 2012.
  • Social Networking ALFA International’s 2009 Annual Business Meeting.
  • 2022 Florida Section of ALFA International’s Transportation Law Compendium
  • Seminar Course Book Editor, Successful Trekking Along The Precipice, Protecting Your Business Before During And After “Bet The Company” Litigation, ALFA Business Litigation Practice Group Seminar, 2017
  • Ladders Or Ledges? The Roles Of Insurers and Insured In Business Litigation, for Seminar Course Book, for ALFA Business Litigation Practice Group Seminar 2017
  • Contributor for Florida, ALFA International Compendia for Transportation, Products Liability, and Hospitality
  • “A Critical Survey of The People’s Republic of China New Company Law,” 6 Ind. Int. & Com. Law Review, 2, Spring, 1996
  • Defended Swedish conglomerate against alleged retaliatory discharge and ADA violation claims by former employee seeking among other things loss wages.
  • Represented individuals in common law and federal statutory financial fraud claims for €1.6M related to investments in Miami real property.
  • Represented individual who suffered seizure and third-degree burns as well as resulting scarring on his back from cruise ship’s cabin shower water.
  • Defended division of Fortune 400 company that is a leading manufacturer of fuel dispensers (gas pumps) from products defects claims in wrongful death action seeking 9-figures arising from gas station fire that burned a mother to death and injured her teenage son and daughter, as well as related personal injury (chemical inhalation and emotional distress) lawsuit by gas station employee.
  • Defended southeast regional company in arbitration regarding dispute over patent royalties’ payments and breach of contract valued at $2.2 million regarding specialized equipment.
  • Represented professionals who invested in Panamanian real estate joint venture with properties valued in excess of $10 million relating to Panamanian member defrauding professionals regarding their ownership of the properties.
  • Replevin of 1959 Chevrolet Impala Convertible 283 CI Automatic in possession of DEA that had been with purchased at Mecum Auctions with $200,000 loan.
  • Represented designer, manufacturer, and supplier of industrial lighting in warranty, indemnity, and FDUTPA claims against manufacturer of component for damages exceeding $8 million.
  • Defended nationwide consumable products supplier against nation’s largest retailer in subrogation claims based in negligence, strict liability, and breach of warranty predicated on statutory lien claim.
  • Represented Trustee in partition and quite title action arising from alleged wild deeds and fraudulent transfer of estate assets that occurred in 2005 as well as land lease dispute. Represented Trustee in related commercial lease lawsuit and related matter to removed Trustee.
  • Defended leading manufacturer of medical device fiberoptics from competitor’s claims of misappropriation of trade secrets and resulting alleged damages exceeding $4.4 million.
  • Represented government contracting company in claims joint-venture partner’s theft of confidential business information and trade secrets resulting in loss of $3.1 million in government contracts plus estimated $45 million in lost business opportunities/unjust enrichment.
  • Defended international shipping company in various force majeure disputes under Ohio, Kansas, and New York law arising from COVID-19.
  • Defended and pursued counterclaims and third-party claims on behalf of international environmental biotechnology company specializing in reduction of waste created in the food, retail, entertainment, and leisure industries in breach of contract, usurping corporate opportunities, and theft of confidential business information valued at several million dollars as well as coordinated with counsel in the United Kingdom on related litigation proceedings.
  • Represented nationwide consumable products supplier in claims against refrigeration system and service providers arising from refrigerated tractor-trailer fire which destroyed tractor-trailer and trailer’s contents.
  • Defended international manufacturer of exercise equipment in claims for manufacturing defects causing Plaintiff severe permanent facial injuries.
  • Defended slate roofing materials supplier in breach of warranty claims after obtaining reversal of two-year-old $250,000 final judgment.
  • Represented nationwide food service logistics and trucking company in claims against maintenance company for $3.4 million arising from ammonia spill destroying client’s customers’ products and additional service and maintenance failures in commercial refrigeration system.
  • Defended three former Board members in adversary proceeding alleging breach of fiduciary duty claims brought by Trustee of bankrupt publicly traded company.
  • Represented multinational corporation in winding up cargo airline business venture and lawsuit on personal guaranty for $10 million as well as defended corporation in subsequent companion lawsuit.
  • Defended India-based IT limited liability company against $1.75 million claims for breach of contract, fraud, aiding-and-abetting fraud, and aiding-and-abetting breach of fiduciary duty by NASDAQ listed corporation and limited liability company subsidiary as well as asserted counterclaim for $250,000.
  • Represented Plaintiff business owners and related closely held companies in claims against its U.S. agent for self-dealing, fraud, Florida Deceptive and Unfair Trade Practice Act, and contractual claims arising from embezzlement of $1.1 million.
  • Assumed defense of insurer in civil contempt claims for $47 million arising from breach of multiple Federal Court civil contempt orders in Longshoreman’s Act in case actively litigated since 1982.
  • Represented Plaintiff business owner in claims for breach of partnership agreement, fraud, and accounting regarding Canadian client’s investment in Florida multi-family residential complex.
  • Defended Class 1 transportation company in multi-million arbitration and related federal lawsuit regarding dispute with Florida transportation company arising from multiple contracts developed over 15 years plus business relationship.
  • Defended founder and CEO of international technology company in dispute with Board, lenders, and certain other shareholders against claims of embezzlement, self-dealing, and breach of contract.
  • Defended successful serial entrepreneur and management entity against statutory, contract, and self-dealing claims as well as an attempted receivership arising from high-rise real estate as well as prosecution of counterclaim for mandatory injunction.
  • Represented corporation in locomotive leasing company’s claims against New York waste management companies for failure to fulfill contract terms and payment obligations.
  • Defended local electric utilities against various serious injury and wrongful death lawsuits.
  • Defended technology services company and its president against breach of contract, intentional misrepresentation, and fraud claims arising from merger and subsequent divestiture of another company.
  • Defended private lending consortium against claims of fraud, conspiracy, and violation of joint venture and successfully prosecuted counterclaim resulting in summary judgment for $22 million plus, arising from $14 million loan for property development.
  • Represented Plaintiff company in failure to fulfill lease requirements and for lost profits in UCC based claims against NYSE listed company and its subsidiary.
  • Defended structural steel manufacturing and engineering sub-contractor against claims in a $39.8 million construction defects lawsuit, as well as oversight of 19 associated personal injury lawsuits and a wrongful death lawsuit pending in separate jurisdictions arising from parking garage collapse and structural defects in associated high-rise condominium tower.
  • Defended general contractor in $40 million construction defects lawsuit involving 58 parties and resolved dispute short of scheduled 60-day jury trial (which the presiding Judge identified as her most significant case in her application to become a Federal Judge).
  • In addition to representing both Plaintiffs and Defendants in a multitude of business, product liability and other torts, as well as fire damage lawsuits, John has defended and supervised defense of over 340 auto, school bus, and truck accident claims, premises liability claims, including, slip/trip-and-fall, negligent retention and hiring, defective merchandise, falling merchandise, defamation, and negligent security cases.