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John  C.  Speer
Member
Memphis
P:(901) 543-5919
F:(800) 543-5319
E-mail John C. Speer
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Education
University of Kentucky - J.D., 1972
University of Kentucky - B.A., 1969

Court Admissions
U.S. Supreme Court
U.S. Court of Appeals Sixth Circuit
U.S. Court of Appeals Eighth Circuit
U.S. District Court, Eastern, Middle, and Western Districts of Tennessee
U.S. District Court, Northern District of Mississippi
U.S. District Court, Northern District of Georgia
U.S. District Court, Eastern District of Arkansas
U.S. District Court, Eastern District of Louisiana

Bar Admissions
Tennessee, 1972
Kentucky, 1972

Memberships
Memphis Bar Association (Co-Chair, Diversity Task Force)
Tennessee Bar Association 
American Bar Association (Sections: Business, Commercial and Consumer Financial Services; Litigation)
Tennessee Bankers Association (Lawyers Committee)

Honors & Distinctions
Listed in: The Best Lawyers in America®; Mid-South Super Lawyers; Memphis Business Quarterly's Power Players
Seminar Presenter: American Bankers Association; National Institute of Business; Tennessee Bankers Association; Corporate Counsel of America
Order of the Coif
Member, Kentucky Law Review, 1971-1972

Publications
"Wallace v. National Bank of Commerce Bank Service Fee Litigation," The Tennessee Bankers Magazine (1995)
“Litigation Report: Intent to Deceive in Securities Litigation,” Memphis Business Journal



John is co-practice leader of the firm’s Commercial Litigation Group. He concentrates on representing and counseling clients in complex litigation and disputes with an emphasis on representing financial service companies.

Financial Services: John has represented a variety of financial service companies in courts in the southeast and other parts of the country. His clients include banks, mortgage companies, trust departments, loan servicing companies, investment companies, venture capital firms, consumer finance companies and insurance companies in class action, multi-district litigation and individual actions in various state and federal trial and appellate courts. He has experience in litigating issues of importance to the financial service industry involving state consumer protection statutes, RESPA, civil RICO, TILA, FDCPA and National Bank Act, among others. He has represented clients in matters involving the OCC, FDIC, OTS, and state regulators. Representation of clients in putative class action claims relating to loan and service fees, loan practices, interest rates, credit reporting and lending practices has been a major part of his practice. In addition, a substantial portion of his practice has been involved in negotiating commercial loan work-outs.

Commercial: John also has broad experience in representing clients in general commercial litigation as well as in mediating and negotiating disputes among businesses. He has represented clients in a variety of cases including stockholder derivative actions, dissenting shareholder class actions, and breach of trust and fiduciary duty cases involving officers and directors of public and private companies.

Representative Matters: 
  • Obtained trial and appellate court dismissal of multimillion dollar damage claim against bank for alleged breach of fiduciary duty in selling unsuitable financial product to commercial customer.
  • Successfully obtained dismissal, which was affirmed on appeal, of class action claims against bank for allegedly conspiring to violate federal and state price fixing statutes and other laws based on checking account fees.
  • Represented mortgage lenders in series of class action cases seeking damages based on loan closing fees alleged to violate RESPA, and other federal and state laws which were dismissed on motions.
  • Investigation by attorney generals of two states relating to practices of and fees charged by national bank in connection with reaffirmation of loans of bankrupt consumers which resulted in no enforcement action.
  • Class action suit filed on behalf of shareholders to prevent merger of publicly held companies alleging breach of fiduciary duty by directors dismissed after injunction to block merger was denied.
  • Dismissal of RICO claims asserted by 26 customers of mortgage lenders who had purchased homes in a recreational development based on alleged conspiracy between mortgage lender and developer who subsequently filed for bankruptcy before development was completed.
  • Verdict in favor of property management company by condominium association that sought recovery of over $1,000,000 for alleged fraud, and breach of fiduciary duty for misappropriation of funds of association over a 6 year period.
  • Dismissal of claim by group of borrowers that bank violated anti-tying provision of National Bank Act in the making of mortgage and related loans.