- Class Actions & Multi-District Litigation
- Environmental Litigation & Toxic Torts
- Financial Services & Insolvency Litigation
- Product Liability and Tort Litigation
- Securities, Corporate Governance & Sarbanes-Oxley
- White Collar, Regulatory Defense, and Investigations
- B.A., University of North Carolina at Chapel Hill, 1999
- J.D., Wake Forest University, 2002
Bar & Court Admissions
- North Carolina, 2002
- District of Columbia, 2003
- All Federal District Courts in North Carolina
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals, Fourth Circuit
John A. Fagg, Jr.
John Fagg is a member in Moore & Van Allen’s Litigation Group. In addition to being an experienced trial lawyer, Mr. Fagg has extensive experience in conducting internal investigations and representing clients in domestic, international, and cross-border regulatory enforcement and white collar criminal defense matters.
In his white collar criminal defense and government investigations practice, Mr. Fagg has represented clients in regulatory, enforcement, and criminal matters involving the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Department of Justice (DOJ), the U.K. Financial Conduct Authority (FCA), the Monetary Authority of Singapore, various U.S. Attorneys' offices, numerous state attorneys general's offices, and the Food & Drug Administration (FDA), as well as self-regulatory bodies such as the Financial Industry Regulatory Authority (FINRA). He regularly conducts corporate internal investigations, including sensitive matters involving allegations of securities violations and alleged violations of federal and state laws and regulations.
Mr. Fagg's white collar and government investigations clients include public and private companies as well as individuals. His recent white collar practice work includes:
- Conducting an internal investigation into potential operational irregularities within a public health care institution
- Representing a public retail company with regard to an insider trading investigation
- Representing a privately held mortgage company with regard to a wide-ranging mortgage origination investigation
- Representing a food manufacturing company in an investigation into illegal dumping
- Advising clients on compliance strategies that can minimize the risk of enforcement actions
Mr. Fagg has extensive litigation experience in a wide variety of complex litigation matters, including financial services litigation, defense of shareholder derivative suits, products liability claims, complex commercial disputes, allegations of unfair trade practices, and the defense of environmental claims in both the federal and state court systems.
Mr. Fagg has defended clients in serial litigation in federal and state courts throughout the United States and in multi-district litigation.
Mr. Fagg also has an active pro bono practice in which he represents indigent defendants in federal criminal cases.
Before joining Moore & Van Allen, Mr. Fagg practiced with a large law firm in Washington, D.C.
- Obtained a jury verdict of no liability on $6 million counterclaim and third-party claim in a commercial contract dispute. Nucor Corporation v. J. Baker & Associates, Inc. (E.D. Ark. 2009).
- Defended government contractor at trial in federal court in connection with multi-million dollar international construction contract. (E.D. Va 2004).
- Member of appellate team that successfully defended the appeal of a summary judgment dismissal of a multi-billion dollar natural resource damages claim. (10th Cir. 2006).
- Member of appellate team that defended a large corporation in an appeal in the 11th Circuit Court of Appeals and a certified question to the Georgia Supreme Court involving allegations of environmental contamination; the successful appeal led the 11th Circuit Court of Appeals to set aside a $20 million verdict. (Supreme Court of Georgia, 2005; 11th Cir 2005).
Publications and Speaking Engagements
- Panel speaker: The Network of Trial Law Firm's Financial Services CLE SuperCourse, "Regulatory and Enforcement Actions Arising from Fiduciary Relationships" (September 2013)
- "Risks to Consider When Contemplating a Deferred Prosecution Agreement," InsideCounsel.com, June 7, 2012
- "5 Tips for Conducting High-Value Internal Investigations," InsideCounsel.com, May 24, 2012
- "6 Factors When Choosing Counsel in Internal Investigations," InsideCounsel.com, May 10, 2012
- "How to Conduct Internal Investigations," InsideCounsel.com, April 26, 2012
- "Lights, Action, Interview," InsideCounsel.com, April 12, 2012
- "Litigation: Beware of Blue Collar Techniques in White Collar Investigations," InsideCounsel.com, March 29, 2012
- "Litigation: The Nuts and Bolts of Internal Investigations," InsideCounsel.com, March 15, 2012
- "Ignoring Risk Can Be the Biggest Risk of All," Charlotte Business Journal, June 10, 2011
- "Evaluating and Protecting Against Risk through a Corporate Risk Officer," Corporate Board Member, May 10, 2011
- Selected by the Community Building Initiative as a Leader Under 40
- Coordinator of MVA/Legal Aid of North Carolina landlord/tenant pro bono partnership
- Member, Moore & Van Allen's Public Service Committee
- Steering Committee Member, Arts & Science Council, Young Donor Society (2010-2012)
- Member, School of Law Honor Council, Wake Forest University
- Named to the Access to Justice Pro Bono Partners 2013 Pro Bono Honor Roll by Legal Services of Southern Piedmont, Legal Aid of North Carolina–Charlotte, and Council for Children’s Rights
- Eleven Attorneys Named to 2013 Pro Bono Honor Roll
- Firm Honored at Second Annual Pro Bono Awards
- McDowell and Fagg Contribute Additional Article to InsideCounsel.com
- Fagg and McDowell Offer Interview Tips in 6th InsideCounsel.com Article
- McDowell and Fagg 's Suggestions for Choosing Counsel on InsideCounsel.com
- Fagg and McDowell Provide Internal Investigation Guidance in 4th InsideCounsel.com Article
- Fagg Serves on Financial Services CLE Panel, September 20, 2013
- Federal Bar Association
- National Association of Criminal Defense Lawyers
- American Bar Association: Criminal Justice Section (White Collar Crime Committee); Litigation Section
- North Carolina Bar Association
- Justice William Bobbitt Inn of Court