John Viola is a skilled and experienced employment and life insurance adviser and litigator, assisting companies throughout California and nationally.
John considers himself, first and foremost, a problem solver. For clients of all sizes across a host of industries, he is passionate about avoiding litigation when possible and providing value. Through counseling and training a wide range of employers and life insurance companies, John helps his clients understand their risks and develop strategies and policies to mitigate them. When the courtroom beckons, however, John brings his formidable experience, skill and creativity as a litigator to cases in state and federal trial and appellate courts, as well as mediations and arbitrations before numerous resolution agencies.
As a go-to resource for employers in California and across the country, John guides clients through a dauntingly complex web of federal, state and local laws, regulations, and ordinances governing employment. Among many others, these include the Americans with Disabilities Act, the Equal Opportunity Act (EEO), the Age Discrimination in Employment Act, the Family and Medical Leave Act (FMLA), and a host of California laws. In litigation, John defends companies facing claims of discrimination, harassment, wrongful discharge and retaliation, along with whistleblower claims, wage and hour class actions, collective actions and Private Attorneys General Act (PAGA) actions.
A former in-house attorney with MetLife, John understands the issues and claims life insurance companies face. He has counseled and defended many insurance clients over more than 40 years, advising them on everything that might affect their business or lead to disputes — and mounting successful defenses when necessary. He has also guided insurers, reinsurers and guarantee associations through insolvencies.
For John, putting the pieces together — solving the puzzle — means always thinking on his feet, seeking the best way to prevent or solve any problem a client may have.
experience
Employment Law
- Employment actions including, wage and hour class actions, collective actions and PAGA actions, claims of wrongful termination, discrimination and harassment. sexual harassment, age discrimination, disability discrimination and misclassification issues.
- Termination, severance, layoffs and furloughs, remote work, accommodation of disabilities, paid sick leave, vacation, employee handbooks, and training on sexual harassment, sales practices and privacy issues.
Insurance Law
- Defense of complex life and health insurance matters, including class actions involving alleged improper premium increases and costs and alleged deceptive sales practices in the sale of life and health insurance policies
- Defense of “actions involving claim denials, deceptive sales and marketing practices in the sale of life insurance policies and annuities, including “vanishing premium” policies, elder abuse, fraud, securities fraud, unfair business practices and RICO violations.
- Defense of actions involving “bad faith” claim denials and actions involving rescissions, suicides, accidental death and other benefits issues.
- Representation of insurers and reinsurers in insolvency matters.
- Defense of ERISA actions.
Business Litigation and Counseling
- Defense of ADA claims including access to websites for the blind and visually impaired and physical access barriers.
- Preparation and negotiation of business contracts.
- Litigation of business disputes, including breach of contract, fraudulent sales practices, trade secret, unfair competition and whistleblower claims.
Probate and Trust Litigation
- Litigation of trusts and estate disputes involving elder abuse, fraud and probate and trust administration.
- American Bar Association
- State Bar of California
- State Bar of New York
- Listed in The Best Lawyers in America® (by BL Rankings), 2015-2025
- Listed in Southern California Super Lawyers (by Thomson Reuters), 2005; 2007-2010, 2017-2018
When I’m not preparing for court or helping keep a client out of litigation, I may be watching an old movie, the History Channel or sports on TV. Boogie boarding at the beach, playing golf and tennis, and enjoying the company of Murphy, my 80-pound labradoodle, are my other favorite activities apart from winning cases.