Education
The George Washington University
(B.B.A. 1989)
Emory University School of Law
(J.D. 1992)
Professional Honors
Named to Philadelphia Magazine's Pennsylvania Super Lawyers Rising Stars® List for Business Litigation (an honor afforded to only 2.5% of lawyers in Pennsylvania) in 2005 & 2006.
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John J.
Jacko, III
john@fellheimer.net
215.253.6634
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John J. Jacko, III, represents clients in the areas of business and commercial litigation, banking and creditor’s rights law, and consumer and disabilities rights litigation. With more than ten years experience at an AmLaw 100 law firm, Mr. Jacko has served national banking institutions, corporate management, international franchising and retail distributors, among others. He has also represented various creditors and franchisors as both plaintiffs and defendants in numerous intellectual property, RICO, asset recovery, mortgage foreclosure and receivership actions.
On behalf of franchisors and corporate clients, Mr. Jacko has litigated issues involving Lanham Act trademark infringement, Federal Arbitration Act enforcement, restrictive covenants and franchise encroachment. In addition, he has handled a wide range of employment litigation matters encompassing confidentiality and non-competition agreements, Title VII, the Americans with Disabilities Act, the Occupational Safety and Health Act, and the Fair Labor Standards Act.
Significant Cases:
- Synygy, Inc. v. ZS Associates, Inc., 2009 WL 1532117 (3d Cir. June 1, 2009) (vacating district court’s dismissal on Rule 19 failure to join indispensible parties and forum non conveniens grounds and remanding for reconsideration and careful evaluation of multiple issues raised by the dismissal motion)
- In the Matter of: Colamco, Inc., SBA No. SDBA-176, 2007 WL 5614085 (S.B.A. Oct. 18, 2007) (granting recertification of small disadvantaged business on appeal and determining denial by DC/SDBCE to be arbitrary, capricious, and contrary to law)
- Athlete’s Foot Marketing Associates, LLC v. FL Consulting, Inc., 2007 WL 1321199 (D.N.J. May 4, 2007) (granting preliminary injunction against franchisee)
- Foundation Credit Funds, LLC v. Branch Banking and Trust Co., 2006 WL 3780677 (D.N.J. Dec. 21, 2006) (granting dismissal of abuse of process, malicious use of process, and tortious interference with contract claims)
- Lavelle v. M&T Mortgage Corp., 2006 WL 2346320 (E.D. Pa. Aug. 11, 2006) (granting dismissal in case of first impression under federal TiLA statute)
- Size Appeals of Technical Support Services and Vanguard Resources Corp., Nos. SIZ-2006-04-03-22 and SIZ-2006-04-07-25, 2006 WL 1810837 (S.B.A. Jun. 20, 2006) (sustaining size appeal relating to familial affiliation issues)
- KJ Loughery, Inc. v. KRK, Inc., CCH Bus. Fran. Guide Par. 13170 (E.D. Pa. 2005) (granting preliminary injunction enforcement of restrictive covenant against franchisee)
- Philadelphia Factors, Inc. v. The Working Data Group, Inc., 2003 WL 22250345 (Pa. Com. Pl. Sept. 16, 2003) (grant of preliminary objections to counterclaims for conversion), affirmed, 2004 Pa. Super. 153, 849 A.2d 1261, 2004 WL 944064 (2004)
- Saint-Gobain Calmar, Inc. v. National Products Corp., 230 F. Supp.2d 655 (E.D. Pa. 2002) (granting motion for transfer in patent infringement action)
- Century 21 Real Estate Corp. v. DiGennaro Real Estate, Inc., 2002 U.S. Dist. LEXIS 1456, 2002 WL 126631, CCH Bus. Fran. Guide Par. 12,260 (E.D. Pa. 2002) (granting motion for contempt against former franchisee)
- Saladworks, Inc. v. Fornito, CCH Bus. Fran. Guide Par. 11683 (D.N.J. 1999) (granting motion to compel arbitration against franchisee)
Articles Authored:
- “The Potential Impact Of The Arbitration Fairness Act Of 2007,” in Inside Supply Management, Vol. 19, No. 3 (March 2008);
- "The Arbitration Fairness Act of 2007: Are the Days of Mandatory Arbitration Provisions Numbered?," in LJN’s Franchising Business & Law Alert®, Vol. 14, No. 1 (October 2007);
- "Third Circuit Decides That Waiver Of A Contractual Right To Arbitrate Based On Litigation Conduct Is Presumptively An Issue For The Court," in ABA Forum on Franchising's The Franchise Lawyer, Vol. 11, No. 1 (September 2007);
- "Uncle Sam Offers Small Law Offices More Reason to Promote Employment and Workplace Access," in Aspen Publishers Of Counsel, Vol. 25, No. 12 (December 2006);
- "Honesty Is Fundamentally the Best Policy," in LJN’s Franchising Business & Law Alert®, Vol. 13, No. 2 (November 2006);
- "Federal Tax Incentives for Small Business," in ALM’s Employment Law Strategist ®, Vol. 14, No. 6 (October 2006);
- "Tax Incentives Encourage Businesses to Give Hand to the Disabled," in Tax Incentives Alert, Vol. 5, No. 10 (October 2006);
- "Access to SBA Contracts," in LJN's Franchising Business & Law Alert®, Vol. 12, No. 11 (August 2006);
- "Are Mortgage Loan Transactions Really Subject to Private Actions Under Pennsylvania's Unfair Trade Practices and Consumer Protection Law?" 76 Penn BQ 171 (2005);
- "Accounts Receivable, Varying Approaches to Reducing a Company's Risk," Smart Business Philadelphia (November 2005); and
- Contributing author to The Fair Labor Standards Act published by the Bureau of National Affairs, Inc.; the 1995 and 1996 annual reports of the ABA's FLSA Subcommittee; and a supplemental chapter of Occupational Safety and Health Law.
- "Know Your Employment Rights Under the ADA" in the Silent News.
Admissions:
Pennsylvania
New Jersey
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the District of New Jersey
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