John Hawk is a skilled litigator with over a decade of experience serving the complex and diverse litigation needs of Fortune 500 companies and smaller lenders. He focuses his practice on consumer finance, lender liability and insurance.

Specifically, John routinely defends cases brought pursuant to ERISA, FCRA, TCPA and FDCPA. His clients include life and disability insurance companies, banks and other lenders, and mortgage servicers.

John’s experience includes frequent appearances in state and federal courts, including the South Carolina Court of Appeals and the Supreme Court of South Carolina.

Presentations and Publications

  • What Every Litigator Needs to Know About ERISA, Presentation at SCDTAA Annual Meeting, November 10, 2017
  • ERISA- The 2015-2016 Supreme Court Term- What Next? Fall 2016
  • A Practitioner's Guide To Class Actions, Marcy Hogan Greer ed., 2010, Authored section specific to South Carolina
  • Supreme Court Creates Demanding Standard for Discovery of Trade Secrets, DefenseLine, Fall 2009

Professional Activities

  • Member, South Carolina Defense Trial Attorneys’ Association Executive Board, 2013-2016
  • South Carolina Defense Trial Attorneys Association: President, Young Lawyers Division
  • Charleston Bar Association
  • Leadership Charleston, Class of 2011

Honors and Awards

Recognized in The Best Lawyers in America© in the field of Litigation - Banking and Finance, 2019

Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • For a national bank, defeated certification of class action brought on behalf of mortgagors unsuccessfully attempting to modify mortgages.
  • On behalf of national bank, prevailed in South Carolina Court of Appeals in matter involving Uniform Commercial Code, FDCPA and fraud.
  • Prevailed in the Supreme Court of South Carolina in an insurance matter regarding application of the doctrine of laches to allegations of extrinsic fraud.
  • Representing multiple insurers of life and disability benefits, including those governed by ERISA.
  • Successfully defended plan record-keeper against claims of breach of fiduciary duty under ERISA § 502(a)(3).
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Bar admissions

2006, South Carolina

Admitted to practice before:

  • United States District Court for the District of South Carolina
  • United States Court of Appeals of the Fourth Circuit

Education

  • J.D., 2006, University of South Carolina
    • cum laude
    • Managing Editor, South Carolina Law Review
    • Order of the Wig and Robe
    • Honor Council
    • Pinkney-Cain Scholarship
    • John Belton O’Neall Inn of Court
  • B.A., 1998, Davidson College