
John C. Wander

Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, Texas 75201

John focuses his practice on commercial litigation in the accounting, securities, manufacturing, and insurance industries. He is admitted in all state and federal courts in Texas, has an active national practice, and routinely represents issuers and accounting firms before the Securities and Exchange Commission. A significant portion of John’s practice involves (i) investigations, trials, and litigation arising out of financial restatements and accounting fraud, and (ii) shareholder fiduciary duty disputes. The remainder of John’s practice involves complex business litigation, with a focus on partnership disputes, tax disputes, and matters involving termination of business relationships.
John currently serves as the firm’s General Counsel.
Accounting & SEC Matters
Lead trial counsel defending $25 million claim against accounting firm by bankruptcy litigation trust alleging audit malpractice; client won a take nothing arbitration award in 2018 after full hearing on the merits
Lead counsel for international construction company in an SEC investigation of financial restatement arising out of percentage completion accounting practices
Represented international construction company in an SEC investigation arising out of company’s use of confidentiality agreements with employees, resulting in closely watched settlement
Lead counsel for oil and gas company in an SEC investigation related to company’s sales practices
Represented field services company in an SEC investigation related to accounting for employee PTO and general financial controls
Lead counsel for Big Four accounting firm in an SEC investigation regarding appropriate accounting for VPP transactions by gas production company
Lead counsel for Big Four accounting firm in an SEC investigation arising out of percentage completion accounting in aircraft manufacturing sector
Conducted internal investigation into allegations of improperly disclosed related party transactions at refinery company
Lead counsel for a Big Four accounting firm in an SEC investigation of revenue recognition practices by an accounting firm client
Tried a $40 million audit malpractice case to successful jury verdict in favor of the Big Four accounting firm
Lead counsel for a Big Four accounting firm in an SEC investigation of revenue presentation practices by an accounting firm client
Lead counsel for a Big Four accounting firm in a broad SEC investigation of the accounting firm’s energy sector client
Represented a Fortune 25 company in connection with an inside trading investigation by SEC
Represented a Dallas-based public company in connection with an inside trading investigation by SEC arising out of acquisition activity
Independent counsel for a public company investigating allegations of distributor kickbacks to an executive officer
Lead counsel for a Big Four accounting firm in consulting malpractice litigation involving conflicts of interest allegations
Lead counsel for a Big Four accounting firm in litigation, SEC investigation, and State Board of Public Accountancy investigation arising out of a $80 million embezzlement by the CFO of a public company
Lead counsel for a Big Four accounting firm in $60 million malpractice litigation involving tax shelter activities
Represents buyers, sellers, and directors and officers in shareholder class action and derivative litigation arising out of merger transactions
As co-lead trial counsel, obtained opinion permitting Energy Transfer Equity, LP to terminate merger agreement with The Williams Companies based on failure of condition precedent relating to the provision of a tax opinion; Decision affirmed by the Delaware Supreme Court on March 23, 2017 The Williams Companies, Inc. v. Energy Transfer Equity, L.P., 2016 WL 3576682 (Del. Ch. June 24, 2016)
Co-Lead trial counsel in successful defense of suit by Energy Transfer Equity, L.P. unit holders contesting a private offering
Representative transactions: Energy Transfer’s terminated acquisition of The Williams Companies; AltaGas acquisition of WGL Holdings; Ant Financial acquisition of MoneyGram; private equity acquisition of Sizmek, Inc.; MoneyGram recapitalization; management buyout of Exco Corp.; private equity acquisition of Sport Supply, Inc.; acquisition of Odyssey Healthcare by Gentiva, Inc.; private equity acquisition of Entrust, Inc.; private equity acquisition of TXU Corp.; private equity acquisition of United Surgical Partners International, Inc.; acquisition of MetaSolv, Inc. by Oracle; private equity acquisition of UICI, Inc.
(D. Del.) — Lead counsel for money transfer services company in Section 11 litigation arising out of secondary offering shortly before stock drop
(S.D. Fla.) — Obtained dismissal on 12(b)(6) as lead counsel for a fund of funds sued by investors alleging misrepresentations in offering a memorandum related to Madoff funds
(N.D. Tex.) — Lead counsel for private equity sponsors in consolidated litigation arising out of alleged reserve misrepresentations contained in a registration statement issued by an exploration company; the motion to dismiss was granted
Obtained dismissal on 12(b)(6) as lead counsel for a Big Four accounting firm in federal shareholder class action litigation alleging securities fraud in connection with debt offering registration statements issued by the accounting firm client
Nationwide counsel for family of life insurance companies in litigation relating to premium-financed life policies
Lead counsel in class actions against an insurance company allegedly underpaying disability benefits to policyholders and failing to provide timely benefits decisions to workers’ compensations claimants
Defended several insurance companies in class action litigation and individual lawsuits involving “vanishing premium” life insurance policies, including trial and summary judgment victories
Represented a major insurance holding company in litigation with managing general agents over market exits
Lead trial counsel for a taxpayer in a federal income tax refund case involving research and development tax credits
Assisted real estate developers in litigation surrounding the sale and purchase of real estate assets and partnership disputes
Represented majority-in-interest of a real estate partnership in a dispute with minority partners and dissolution of the partnership
Lead counsel for a mining equipment manufacturer in injunction proceedings denying temporary injunction and affirming termination of exclusive distribution agent
Serve as lead counsel for a private equity company in a termination dispute with a former partner
Successfully represented producers of Texas political debates over a twelve-year period in various lawsuits challenging editorial decisions about candidate participation
Credentials
- The University of Texas School of Law, J.D. with honors, 1994 (Order of the Coif)
- Northwestern University, B.A., 1989
- Chambers USA, Litigation: Securities (Texas), 2014–2022; Litigation: White Collar Crime & Government Investigations, 2017–2022
- D Magazine, “Best Lawyers in Dallas,” 2017
- Legal 500 U.S., Dispute Resolution: General Commercial Disputes, 2017–2022; Securities: Shareholder Litigation, 2013–2020; Dispute Resolution: M&A Litigation: Defense, 2014–2022; Energy: Litigation, 2016–2019; Energy Regulation, 2019; Dispute Resolution: Securities Litigation: Defense, 2021 and 2022; Dispute Resolution: Corporate Investigation & White–Collar Criminal Defense, 2021
- The Best Lawyers in America® (BL Rankings, LLC), Commercial Litigation (Dallas), 2013–2023
- Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2011–2020 and 2022
- Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2004–2006
- Global Investigations Review (GIR) 100, 2020
- Member: American Bar Association; Dallas Bar Association; Leadership Dallas, 2004
- Board of Directors: Vogel Alcove, 2009–present, Chair: 2018-present
- Board of Trustees: The Center for American and International Law
- University of Texas School of Law Alumni Association Executive Committee
- University of Texas Chancellor’s Council Executive Committee
- Texas
- All U.S. District Courts in Texas and Arkansas
- Fifth Circuit Court of Appeals
- Rankings & AwardsAugust 18, 2022
- Rankings & AwardsJune 16, 2022
- Rankings & AwardsJune 1, 2022
- Rankings & AwardsMarch 29, 2022
- InsightJanuary 31, 2022
- InsightDecember 22, 2021
- InsightNovember 29, 2021
- Deals & CasesNovember 3, 2021
- InsightJuly 15, 2021
V&E SPAC Update
- Deals & CasesFebruary 15, 2021
- “The Gatekeepers’ Course: Navigating Evolving Trends in Corporate Governance and Compliance,” V&E Houston Office, June 12, 2019 (speaker)
- “The Gatekeepers’ Course: Navigating Evolving Trends in Corporate Governance and Compliance,” V&E Dallas Office, June 5, 2019 (speaker)
- “The Gatekeepers’ Course: Navigating Evolving Trends in Corporate Governance and Compliance,” V&E Austin Office, May 28, 2019 (speaker)
- “The SEC Announces Results of Enforcement Actions in Fiscal 2017,” V&E SEC Enforcement Update E-communication, November 29, 2017 (co-author)
- “An Evening with the SEC Director Shamoil Shipchandler,” May 8, 2017 (speaker)
- “U.S. Supreme Court in Salman Says “Personal Benefit” Does Not Have to be Tangible,” V&E Shareholder Litigation and Enforcement Update E-communication, December 12, 2016 (co-author)
- “Current D&O Insurance Issues in the Energy Industry,” October 27, 2016 (speaker)
- “The SEC Announces New Records in Enforcement Actions in Fiscal 2016,” V&E Government Investigations and Securities & Shareholder Litigation Update E-communication, October 13, 2016 (co-author)
- “Regulatory Issues and Compliance,” 2016 Effective General Counsel in the Boardroom, May 18, 2016 (speaker)
- The SEC: A Change in Leadership and a Focus on Fraud, December 9, 2015 (panellist)
- “The SEC Announces New Records in Enforcement Actions in Fiscal 2015,” V&E Government Investigations and Securities & Shareholder Litigation Update E-communication, November 3, 2015
- “Managing the Practical Impact of the Recent KBR Settlement on Employee Confidentiality Limits and Other Types of Employment Agreements,” American Conference Institute’s Advanced Forum on Whistleblower Litigation, July 28, 2015 (presenter)
- “A Window into SEC Enforcement Priorities in 2014,” January 2014
- “Considerations for Counsel and Board Members Conducting Internal Investigations,” 21st Annual SMU Corporate Counsel Symposium, October 11, 2013 (co-presenter)
- “2011 Tort Reform Pushes Texas Pleading Rules to Federal Standards,” V&E Litigation Update, May 27, 2011 (co-author)