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John Matson is an experienced and relentless trial attorney. John has a deep understanding of the litigation process and helps clients resolve disputes inside and outside of the courtroom. Whether a client is protecting intellectual property, dealing with construction litigation, working through an M&A post-closing dispute, or facing another complex commercial disagreement, John delivers results.

John practices in Nebraska and throughout the country, in both state and federal court, and assists in the resolution of disputes through arbitration and mediation.

Experience

Experience

Intellectual Property Litigation

  • Ongoing representation of large corporation owned by Berkshire Hathaway in a seven-figure software development litigation
  • Successful litigation defense and favorable settlement and license arrangement involving alleged patent infringement of veterinarian medicine coolers
  • Multiple successful prosecutions and defense efforts associated with alleged copyright and trademark infringement
  • Regularly advise multiple large corporations regarding trade secret defense, strategy, and related matters
  • Represented a software company on its claims involving theft of intellectual property, Lanham Act violations, and related claims
  • Represented regional outlet mall developers in dispute with a publicly-traded software company in federal court involving breach of contract, intellectual property causes of action, and related claims
  • Defended one of the largest residential roofing contractors in the country against claims of Lanham Act violations and deceptive trade practices in Colorado federal court, and won summary judgment for client on all claims asserted against client (see Aspen Roofing, v. Aspen Contracting, Inc., No. 17-CV-00447-PAB-KMT, 2019 WL 1317623 (D. Colo. Mar. 21, 2019))
  • Participated in a joint defense team that defended a regional bank against claims of patent infringement
  • Represented a publicly-traded payment systems company in federal court in prosecution of its breach of contract and trade secrets misappropriation claims seeking millions of dollars in damages

Construction Litigation

  • Secured nearly $1mm jury verdict for client following a week-long jury trial against national Band 1 Chambers ranked litigation firm involving alleged construction defects at multi-million-dollar grain processing facility and ethanol plant
  • Selected as lead counsel for a national public works general contractor specializing in wastewater treatment facilities in multiple six-figure lawsuits, an arbitration, and mediations stemming from the construction of a wastewater treatment plant in Fremont, NE, wherein multiple favorable results were obtained for the client (2021-2024)
  • Successfully first chaired a multi-day bench trial securing complete victory for client including securing client a large six-figure judgment stemming from a dispute involving a large installation project of high-quality windows, doors, and related products
  • Assisted a commercial painter with a successful claim on a bond for a public project involving a general contractor’s failure to pay for services rendered
  • Defended and prosecuted claims on behalf of various businesses in the construction sector
  • Prosecuted claims on behalf of a homeowner against a general contractor and architect for negligence and related causes of action seeking over $1mm in damages
  • Defended an engineering firm against claims of alleged professional negligence involving flooding of numerous residential houses, won summary judgment for the engineering firm, and protected that summary judgment on appeal. See Ecker v. E & A Consulting Group, 302 Neb. 578 (2019).

Trusts & Estates Litigation

  • Secured major win against Band 1 Chambers Ranked litigation firm for client which led to a seven-figure settlement stemming from a trust dispute involving tens of millions of dollars of ranch land in greater Nebraska
  • Assisted clients with numerous cases involving complex estate planning and business succession planning issues
  • Successfully negotiated a dispute between a brother and sister that had inherited substantial farming and agricultural land through a series of trusts, a will, and other estate planning documents
  • Advised and participated in an appeal to the Nebraska Supreme Court involving a trusts and estates dispute relating to a spouse’s elective share of various marital assets, including substantial farming and agricultural land

Other Complex Commercial Litigation

  • Secured win following first-chairing a bench trial against national Band 1 Chambers ranked litigation firm relating to a partnership and closely-held business dispute, which led to a seven figure partition sale of real property in favor of client
  • First-chaired multi-day jury trial wherein client was completely exonerated from purported breaches of fiduciary duty, fraud, conversion, and related claims
  • Represented insured in a coverage dispute with insurance company arising from suspected wind and hail damage to a commercial structure
  • Represented insured in a dispute involving complex insurance program covering a fleet of approximately 500 tractor-trailers and hundreds of employees, including in-depth work with experts in the insurance industry in areas such as retrospectively rated insurance plans, workers compensation, and claims handling
  • Prosecuted claims involving six-figure investment in real property in greater Nebraska, the benefit of which the client was wrongfully denied
  • Defended and prosecuted claims under the Fair Labor Standards Act and Americans with Disabilities Act
  • Argued and won appeal to Eighth Circuit Court of Appeals in favor of Omaha business involving alleged violations of the Americans with Disabilities Act, establishing new precedent in favor of business owners in the process (see Davis v. Anthony, Inc., 886 F.3d 674 (8th Cir. 2018))
  • Represented a manufacturer in a breach of contract action requiring navigation of Hague Convention and international law, including successful service of process on a foreign national
  • Defended owners and sellers of show cattle against claims of alleged negligent/fraudulent misrepresentation, fraud, and related claims

News & Publications

Publications

Honors & Affiliations

Honors & Awards

Best Lawyers: Ones to Watch in America, Commercial Litigation, 2021-2024
Omaha Magazine Top Lawyers of Omaha, Commercial Litigation, 2021
Super Lawyers Rising Star, 2018-2023

Community & Professional

Nebraska State Bar Association
Inns of Court Alumnus Status, 2020-Present
Inns of Court Active Member, 2017-2020
NSBA Dan Jewell Trial Institute Graduate, 2019
Nebraska State Bar Association Leadership Academy, 2017-2018

Education

J.D., Creighton University School of Law, 2013 (magna cum laude)

  • Certificate of Concentration: Business Law
  • Student Articles Editor, Creighton Law Review, 2012-2013
  • Creighton Moot Court Competition Champion & Outstanding Oralist, 2012
  • Order of the Barristers
  • David A. Svoboda Trial Advocacy Award

B.A., Brigham Young University, 2010

  • Russian

Admissions

  • State of Nebraska
    U.S. District Court, District of Nebraska
    U.S. District Court, District of California (Pro Hac Vice Admission)
    U.S. District Court, District of Colorado
    U.S. District Court, Northern District of Illinois 
    U.S. Court of Appeals, Tenth Circuit
    U.S. Court of Appeals, Eighth Circuit
    U.S. Tax Court
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