John H. Ray, III
Timothy L. Swabb
Marcletta R. Kerr
Law Offices: New York Chicago Boston
Admitted or Local Counsel offices in CA, FL, TX, OH, GA, MI, MN, WI, CO, TN, RI
General Inquiries: 312-772-6420 or
Areas of Expertise:
Securities, Intellectual Property & Corporate Litigation
We provide specialized corporate litigation services, with expertise in securities and shareholder rights, class action and derivative litigation, intellectual property, including trademark and copyright infringement disputes, corporate contract and fraud disputes, and director and officer liability and breach of fiduciary duty actions. We also prosecute and defend labor and individual civil rights litigation.
McQueen Saba v. The American College of Obstetricians and Gynecologists, No. 20-CV-10408-WGY (D. Mass. 2020) (representing plaintiff in racial discrimination and retaliation action).
Otter Creek Shopping Center, LLC v. NE Capital Group BSD, LLC, No. 2020L00785 (Ill. Cir. Ct. 2020) (representing defendant in breach of contract and material adverse change clause litigation in connection with commercial sales and purchase agreement).
Wilferd v. Digital Equity, LLC, et al., No. 20-CV-01955 (N.D. Ga. 2020) (representing plaintiff investor in breach of contract, fiduciary duty and elder financial abuse case over domain wines.com).
Capital Credit Inc. v. Mainspring Am. Inc. and Amazon.com Services, Inc., No. 19-CV-797-LY (W.D. Tex. 2019) (representing defendant corporation in factoring fraud and breach of contract dispute).
Merzlyakov v. 4D Reality, Inc., et al., No. 20-CV-00085-JVS-ADS (C.D. Cal. 2020) (representing plaintiff shareholder, officer and director in closely-held corporation dispute, alleging various breach of contract, breach of fiduciary duty, unjust enrichment and fraud).
Lender.Online, LLC v. Dvinci Energy, Inc., et al., No. 607737/2019 (N.Y. Sup. Ct. 2019), and Vendorterm, Inc. v. Dvinci Energy, Inc., et al., No. 2020-CV-00215 (Mass. Sup. Ct. 2020) (represented defendant corporation and individual corporate officer in breach of contract and fraud actions).
M.A. Mobile Ltd. v. Indian Institute of Technology, Kharagpur, et al., Nos. 19-16974 and 20-15177 (9th Cir. 2019) (represented plaintiff in breach of contract attorney-client dispute).
United Natural Foods, Inc. v. Cutting Edge Int'l, LLC, et al., No. PC-2019-11970 (R.I. Sup. Ct. 2019) (representing defendant corporation and individual corporate officer in breach of contract action).
Echevarria, et al. v. Dvinci Energy, Inc., No. 1985-CV-01507D (Mass. Sup. Ct. 2019) (represented defendant corporation and officers in wage act and breach of contract, noncompetition action).
Ahmad v. Proximie Inc., et al., No. 1984-CV-03220 (Mass. Sup. Ct. 2019) (represented defendant corporation in breach of contract dispute and breach of fiduciary duty against former director and officer).
CRM Deals, Inc. v. Kyoku Holdings, LLC, No. 519756/2019 (N.Y. Sup. Ct. 2019) (representing defendant corporation in breach of contract and fraud action).
Kid Car NY, LLC v. Kidmoto Techs. LLC, et al., No. 19-CV-07929 (S.D.N.Y. 2019) (representing corporate and individual defendants in trademark and copyright infringement action).
Empire LLC v. I Want What It's Worth LLC, et al., Index No. 157910/2019 (N.Y. Sup. Ct. 2019) (representing defendants in commercial landlord/tenant and guarantee litigation).
Rocky Brands, Inc. v. Euron Group Inc., No. 19-CV-02547 (S.D. Ohio 2019) (defended corporation in international trademark infringement and passing-off action).
Snell-Jones v. The Hertz Corporation, et al., No. 19-CV-00120 (N.D. Ill. 2019) (representing plaintiff in FLSA collective and Illinois wage and hour class action).
Floesser v. Belmont Instrument Corp., et al., No. 1877-CV-00191 (Mass. Sup. Ct. 2018); BIC Holdings Corp., Inc. v. Floesser, No. 1877-CV-00316 (Mass Sup. Ct. 2018) (representing corporate controller and minority shareholder in closely held corporation litigation, including defending breach of fiduciary duty claims).
Jane Doe v. Nathan McCabe, No. 1881-CV-03043 (Mass. Sup. Ct. 2018) (represented plaintiff performer in fraud and misappropriation of publicity rights and invasion of privacy case).
Leftwich v. County of Dakota, et al., No. 18-CV-01144 (D. Minn. 2018) (representing plaintiff trustee of statutory class of decedent in wrongful death Section 1983 civil rights and state survivorship action against county and state officials).
Stewart v. Machinery Marketing International, LLC, et al., No. 18-CV-6652 (N.D. Ill. 2018) (represented plaintiff in FLSA collective and Illinois wage and hour class action).
Oasis Outsourcing, Inc. v. Dinsmore Steele, Inc., No. 502015CA001625XXXXMB (Fl. Cir. Ct. 2015) (represented defendant in defamation and trade secret misappropriation business dispute).
Urban One, Inc. f/k/a Radio One, Inc. v. Dean Tucci, No. 17-7892 (N.D.Ill. 2017); Radio One, Inc. v. Direct Media Power, Inc., No. 16-CV-01867 (N.D.Ill. 2016); In re Direct Media Power, Inc., No. 16-36934 (Bankr. N.D. Ill. 2016) (represented debtor/defendants in three separate piercing the corporate veil, fraudulent conveyance, and civil contempt and sanctions actions).
Michael Grecco Productions, Inc. v. Valuewalk, LLC, et al., No. 16-CV-096171 (S.D.N.Y. 2016); Michael Grecco Productions, Inc. v. Jukely, Inc., No. 18-CV-00605 (E.D.N.Y. 2018)(represented defendants in copyright infringement and copyright misuse actions).
* Ray & Counsel successfully defends against motion to dismiss, in breach of contract and fraud action, including claims under the California Elder Abuse Statute, against defendants in Georgia, arising out of defendants Khuram Dhanani and Digital Equity, LLC's alleged misconduct in acquiring and selling from plaintiff. See Wilferd v. Digital Equity, LLC, et al., No. 1:20-CV-01955-SDG, 2020 WL 6827905 (N.D. Ga. Nov. 20, 2020).
* Rosie Manins, Former Wine Website Owners Fight Over Sale In Fraud Suit, Law360.com, (Oct. 14, 2020),
John H. Ray III of Ray & Counsel PC, representing Wilferd, said she transferred the website to Digital Equity for $50,000 because Dhanani led her to believe she would get half the net profits, excluding expenses, once it had been developed by him and sold. He said this was outlined in a profit-sharing agreement in which Wilferd was entitled to 50% of all product sales.
"There were no other products, no sales of wine, no stock in wine, the only money that was understood to come in was from the sale of the website — it's the only product in this transaction," Ray said. "The point of the website was to generate traffic and sell it."
Judge Grimberg said oral arguments from both Barsness and Ray were "major league quality," and he would issue a decision shortly on the defendants' motion to dismiss.
* Ray & Counsel successfully defends against motion to dismiss, in FLSA collective and state law class action based The Hertz Corporation's alleged failure to pay overtime wages to regional branch managers. See Snell-Jones v. Hertz Corp., No. 19-CV-00120, 2020 WL 1233825, at *1 (N.D. Ill. Mar. 13, 2020).
* Craig Clough, Wine Website Turned Into Porn Blog, Fraud Suit Alleges, Law30.com (May , 2020),
"Winferd's counsel, John H. Ray, III, of Ray & Counsel, P.C. told Law360.com 'We believe this case advances very important issues of the scope of the ethical and fiduciary duties that partners owe to each other in joint commercial ventures, particularly in the context of dealing with protected classes such as senior citizens, who are vulnerable to potential abuse and fraud, as alleged in this case.'"
"John H. Ray III of Ray Legal Consulting Group PC, who represents May, said in a statement Wednesday that Judge Gorton’s ruling 'is a substantial recognition of the rights of employees to be free from the unlawful and unethical demands of their employers under threat of termination, and in this case retaliation. The decision helps to strengthen employee rights in the wrongful termination context, an area whose legal force has faced substantial judicial erosion in the past decade.'”
* Jeremy C. Fox, Back Bay Academy Sues Springfield School Over The Name ‘Commonwealth’, Boston Globe (Jun. 16, 2016) https://www.bostonglobe.com/metro/2016/06/16/can-school-lay-claim-commonwealth-its-name-back-bay-institution-believes-can/WHwiaaPEn04cIY6uxXjoiO/story.html
"John H. Ray III, the Springfield academy’s attorney, said it should not. 'Their position has been they own the word "commonwealth" in educational services, to the exclusion of all others,' Ray said. 'Our position has been, you don’t have a federal trademark for the word "commonwealth." You have a federal trademark for the words "Commonwealth School."'”
"Yes. Hire John Ray. He did his research. He knew how to apply his knowledge. His mere presence scared the crap out of the lawyers across the table. He managed our expectations. He then exceeded our expectations. Paying him saved us more money than we would have had to pay without him. Please do yourself the favor of working with him." Victor Varnado, Supreme Robot Pictures (Intellectual Property and Breach of Contract Dispute. Posted June 26, 2020)
"Look no further! John is a phenomenal attorney, and truly shows care for his clients. We will always turn to John for any of our legal needs. Thank you John!" Robert Gellman, RGA Enterprises, Inc. (Copyright Infringement Dispute. Posted December 13, 2019)
"John offers strong legal advice, while being equally amazing at his practice. He helped us out of a tough legal situation and I trust him to meet my future legal needs." Uchenna Ngwudo, Cee Cee's Closet NY, LLC (Copyright Litigation. Posted October 8, 2019)
"When I received the proposal from John and he had experience in the exact area I was looking for I was very impressed, excited and relieved!! John Ray is extremely knowledgeable and explains your best options without making me feel talked down to or rushed. He provided me with an extremely thorough consultation so from our very first conversation I knew he was the attorney for me! John shared various scenarios and allowed my input in his decisions if they were fitting. He resolved my situation very quickly and with ease so it is all behind me now. I am 110% confident in John’s work and highly recommend him without any reservation. I am grateful to have had such a wonderful, positive experience working with John and look forward to continuing to work with him for all of my non-profit and trademark needs." Sandy Dorsey, Smiles for Speech, Inc. (Copyright Infringement Dispute. Posted Aug. 18, 2019)
"John is a true professional who gets results. Highly recommended." Bora Celik, Jukely, Inc. (Copyright Litigation. Posted Apr. 8, 2019)
"John is extremely helpful with all matters that come our way. John is extremely knowledgeable and professional. Will definitely work with John again!" Matthew Parker, Celebrity Insider (Copyright Infringement Dispute. Posted Feb. 21, 2019)
"Fast turnaround! Great experience." Michael Bonfigli, FSA Store, Inc. (Trademark Registration. Posted Jul. 23, 2018)
"Let it be known that John Ray gets the job done!" Penny McClurg, HVAC Part Supplier, Inc. (Corporate Unfair Competition Dispute. Posted Jul. 5, 2018)
"John Ray was quick to respond to our inquiry and was very helpful in assisting us with a legal issue." Scott Beale, Laughing Squid, LLC (Copyright Infringement Demand. Posted Jul. 1, 2016)
"John is a pleasure to work with. ... [He] is a truly talented litigator. He works with you to make every aspect understandable and to ensure you are informed of any and everything that is taking place. ... John is intelligent, articulate and works to resolve issues quickly." Rodney Steele, DinsmoreSteele, LLC (Partnership Agreement Litigation. Posted May 31 and Mar. 4, 22, 2016)
"Mr. Ray is very knowledgeable, prompt and extremely helpful. He spends the time to explain your options and do a thorough consult." Dr. Anushka Gaglani, TrueBlu Dentistry, P.C. (Trademark Cease & Desist. Posted Feb. 22, 2016)
"Mr. Ray's expertise, alacrity, and careful attention to our legal needs and concerns were nothing short of extraordinary. He possesses a brilliant mind capable of clearly explaining every possible option and its potential consequences. And he clearly has a compassionate heart as well that cares deeply for the well-being of his clients. Mr. Ray performed above and beyond the call of duty to alleviate our anxieties and provide a direct path towards resolving our legal issues. I highly recommend Mr. Ray without equivocation." Virgil Wong, Medical Avatar, LLC (Contract Dispute. Posted on Feb. 17, 2016)
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Ray & Counsel, P.C.
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617.645.3000 (p) 312.277-6466 (f)
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Clients Represented - The following are some of the corporate clients we have represented or are currently representing:
NE Capital Group BSD, LLC
Velli Ventures Inc.
Direct Media Power, Inc.
Commonwealth Academy Holdings, LLC
Dinsmore Steele, LLC
HVAC Part Supplier, Inc.
Kidmoto Technologies, LLC
FSA Stores, Inc.
Cee Cee's Closet NY, LLC
Curly Girl Collective, LLC
Smiles for Speech, Inc.
Abridge Info Systems, Inc.
Benner China and Glassware of Florida, Inc.
Svelte Brands, Inc.
Mainspring America, Inc.
Cutting Edge International, LLC
Muse Paintbar, LLC
Dvinci Energy, Inc.
Cardiac Arrhythmia Syndromes Foundation, NFP
Unique System Skills, Inc.
Medical Avatar, LLC
Roofers Edge, Inc.
Patient Innovation Center, NFP
Euron Group, Inc.
Laughing Squid, LLC
TruBlu Dentistry, P.C.
I Want What It's Worth, LLC
Kyoku Holdings LLC
RGA Enterprises of America, LLC
M.A. Mobile Ltd.
AB Decor, Inc.
Blank Label Group, Inc.