First Admitted: 1998, Pennsylvania

Professional Webpage: http://www.grossmcginley.com/attorneys/john-f-gross/

Bar/Professional Activity:

Solicitor, Whitehall Township, 2020
License Pennsylviania Title Insurance Agent
Allentown Commercial and Industrial Development Authority, Board Member (2002 – present); Vice Chair (2003 – present), 2003
Muhlenberg College, Adjunct Faculty, Communications Department
Northampton County Bar Association
Bar Association of Lehigh County
Pennsylvania Bar Association Internet Law Updates (annually 2005 to present) – Presentations regarding internet advertising law. Technology Law Forum (2006 and 2007) – Presentions regarding advertising and internet law and a case law update. Advertising Law (2008) – Course planner and presenter
Allentown Zoning Hearing Board, Former Member

Verdicts/Settlements (Case Results):

Amidst the global COVID-19 pandemic, the only thing seemingly spreading faster than the virus is misinformation. On social media and in various other platforms, groups and individuals have distributed content claiming to be medically and factually based, only to have it be flagged by the parent tech company and/or fact-checking organizations. In some instances, these groups are claiming their content was censored, violating their First Amendment freedoms. One such claim was filed in the U.S. District Court for the Eastern District of Pennsylvania, and Attorneys Malcolm Gross, John F. “Jack” Gross and Samuel Cohen were utilized as PA local counsel, in defense of a fact-checking organization in an antitrust suit. Overview of the antitrust case The Plaintiffs in the case formed a social media group of several thousand members and used this space as a forum for discussion and exchange of information related to COVID-19, with a focus on various treatment strategies. As they formed in May 2020, they allege that the social media platform secretly demoted and/or banned content that they posted, administered, or moderated on their page. Further, the Plaintiffs claim that the fact-checking organization, defended by Gross McGinley, marked their content with labels identifying it as fake or misinformation, dissuading others from reading it. As such, they filed a multimillion dollar antitrust suit against the social media platform and its defendants, including the fact-checkers. Terms and transfers While the claim was filed in Pennsylvania, engaging the help of Gross McGinley, it was the desire of the Defendants to have the case transferred to another court, as per the terms of their platform. The Plaintiffs and all groups and individuals who engage on the social media platform must agree to these terms prior to joining and engaging in this space. Moreover, the U.S. District Court for the Eastern District of Pennsylvania stated: A court “should not sever if the defendant over whom jurisdiction is retained is so involved in the controversy to be transferred that partial transfer would require the same issues to be litigated in two places.” Sunbelt Corp. v. Noble, Denton & Assoc, 5 F.3d 28, 33-34 (3d Cir. 1993). In other words, “[l]itigating these facts in separate [jurisdictions] would make little sense, as it is likely that many of the witnesses and much of the evidence would overlap . . . and trying these cases in two different places could result in inconsistent results.” Pioneer Mech. Servs, LLC v. HGC Constr., Co., No. 18-cv-0507, 2018 U.S. Dist. LEXIS 209349, at 14-15 (W.D. Pa. Dec. 12, 2018) (declining to sever claims against different defendants because all claims “relate[d] to the same occurrence”). Gross McGinley helped the Defendant with the Motion to Transfer Venue and the claim will now be handled in the preferred jurisdiction. , 2021

Representative Clients:

Arbor Insurance, 2020
Julabo USA, Inc., 2020
Medical Associates of the Lehigh Valley (MATLV), 2020
Cumberland Commons, a new pocket neighborhood and the first of its kind in the Lehigh Valley region., 2013
Unistar Property, 2020
Whitehall Township, 2020

Transactions:

Special Licenses/Certifications:

Licensed Real Estate Title Agent

Pro bono/Community Service:

Promise Neighborhoods of the Lehigh Valley, Board Member (2017-2019), 2017
Da Vinci Science Center, Vice Chairman, Board of Directors, Board Member since 2016, 2020
Communities in Schools of the Lehigh Valley, Board Member and Member Executive Committee (2005 – 2014), 2004
Community Action Committee of the Lehigh Valley, Board of Directors, 2019
Lehigh Valley Business Coalition on Health Care, Board Secretary (1999 to present)
PNC Bank, Northeast Pennsylvania Regional Advisory Board
Allentown Commercial and Industrial Development Authority Board of Directors
American Red Cross of the Greater Lehigh Valley Board of Directors, Chairman (2013 to present), Former Vice Chair (2011 to 2013)

Honors/Awards:

On March 29, 20201, Lehigh Valley Business published a list of 100 individuals who hold positions that give them the ability to shape Lehigh Valley communities and influence its quality of life. To identify them, the editorial staff of Lehigh Valley Business considered those who make laws, build homes and highways, protect health and safety, educate children, support the vulnerable, and provide the spark that inspires innovation and economic growth. This is not a ranking. There is no score. The intent is to introduce readers to the people who make the decisions., Power 100 List, Lehigh Valley Business, 2021
On June 21, Lehigh Valley shared their list of 30 attorneys who, through their roles as leaders, help fashion policies, settle disputes and ensure fairness in the Lehigh Valley. The Power 30 is a list that recognizes those who shape local communities and influence our quality of life. This is not a ranking, but a vehicle to introduce readers to the people who impact the way we live. , Power 30 in Law list, Lehigh Valley Business, 2021
The attorneys chosen for the 2017 Local Legal Leaders listing are nominated by and voted on by their peers in the field of law who felt they were deserving of recognition for their performance as an attorney. The pool of peer-nominated candidates was then evaluated on the following criteria: special licenses or certifications, outstanding achievements in the field of law; and education and employment., Local Legal Leader, Lehigh Valley Magazine, 2017

Educational Background:

Muhlenberg College, B.A., magna cum laude, 1994

Scholarly Lectures/Writings:

Jack Gross co-presented with Estate Attorney R. Nicholas Nanovic to businesses and business owners about succession planning. Jack highlighted how to prepare your business (buy-sell agreement, etc) and value your business (tangibly and intangibly). Nick went on to address aspect of estate planning for owners. , Co-presenter, Your 2020 Vision: Planning for Business Success(ion), EZ Micro IT Solutions, Business, 2020
In a one-hour educational seminar to retirement community citizens of Moravian Village in Bethlehem, PA, Jack discussed privacy rights of Americans. In less than 50 words, the First Amendment addresses five rights. What it protects is a constant topic of conversation and confusion. After a short history of "how we got here," Jack dug deeper into the current state of freedoms of speech and press., Presenter, "Wrestling with the Right to Privacy", 2019
Presenter, "Legal Issues in Advertising", Pennsylvania Bar Institute, 2011
Presenter, "Legal Issues in Advertising", Pennsylvania Bar Institute, 2008
Presenter, "Technology Law Forum", Pennsylvania Bar Institute, 2007
Presenter, "Technology Law Forum", Pennsylvania Bar Institute, 2006
Presenter, "Internet Law Update", Pennsylvania Bar Institute, 2005
Presenter, "Internet Law Update", Pennsylvania Bar Institute, 2007
Private Client Presentations

Other Outstanding Achievements:

Elected firm Managing Partner , 2018

Industry Groups:

Advertising
Energy
Media & Publishing
Municipalities
Real Estate

John F. Gross