Overview

John Gibbons is an attorney with Smith Anderson’s Litigation practice with experience handling complex commercial disputes, regulatory matters, and multi-state litigation. As a former federal prosecutor, John combines sharp legal strategy with invaluable insights for his clients.

John gained deep experience working at national and international firms in D.C., where he represented companies across a wide range of cases, advised on class action defense and consumer protection issues, and represented insurers and corporate clients. His diverse practice also includes appellate, commercial litigation and product liability cases. John has represented clients in federal and state courts, tackling constitutional challenges, government investigations and mass-tort litigation.

John served as an assistant U.S. Attorney in the Appellate Division of the Eastern District of North Carolina, arguing cases before the Fourth Circuit Court of Appeals and handling matters involving fraud, healthcare enforcement and constitutional issues. His experience as a prosecutor enables John to assess risks from both sides, build compelling cases and craft strategies that anticipate opposing arguments, providing clients with a tactical advantage.

John enjoys BYU football, reading biographies and coaching youth sports. He is also conversational in Spanish.

NOT ADMITTED TO PRACTICE IN NORTH CAROLINA

Languages

Areas of Focus

Credentials

Recognition

  • D.C. Bar Pro Bono Honor Roll, High Honors (2020-2022)

Clerkships

  • Judge Joan L. Larsen, U.S. Court of Appeals for the Sixth Circuit
  • Associate Chief Justice Thomas R. Lee, Utah Supreme Court

Education

  • Brigham Young University Law School, J.D., summa cum laude, 2017
    • Senior Editor, BYU Law Review
    • Supreme Court Litigation Clinic
    • Fritz B. Burns Merit Scholarship
  • Brigham Young University, B.S., 2014

Bar & Court Admissions

Experience

  • Lead prosecutor in important fraud appeal regarding authority of government filter teams to review seized business records (In re Search Warrants, 23-4330).
  • Secured published win in S. v. Carter, 87 F.4th 217, a Fifth Amendment case.
  • Fourth Circuit oral arguments in S. v. Davila (20-4338), U.S. v. Carter (21-4442), U.S. v. Johnson (21-4504), U.S. v. Camero-Castaneda (22-4340), and In re Search Warrants (23-4330).
  • Conducted depositions in connection with mass-tort litigation relating to emissions from a commercial sterilization facility; prepared and filed summary-judgment motions, motions in limine, and new-trial motions.
  • Interviewed client employees during internal investigation related to complex SEC Exchange Act matter; prepared and helped present findings and recommendations to management.
  • Prepared detailed legal memorandum for medical-device manufacturer analyzing possible issues arising under federal Anti-Kickback Statute.
  • Conducted three depositions in products-liability litigation involving allegations of manufacturing and design defect in federal and state courts; extensive briefing on issues of federal preemption and state tort law.

 

Insights

Publications & Alerts

  • Why Judicial Deference to Administrative Fact-Finding is Unconstitutional, BYU Law Review, 1485 (2016)
  • Populism and the 2005 Iranian Presidential Election, 31 Sigma J. Pol. & Int’l Stud. 37 (2014)
  • Revisiting the Original Meaning of “Free Exercise” (Honorable Mention, J. Reuben Clark Society’s 2019 Religious Freedom Essay Contest)
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