Janine ConeMetcalf

Of Counsel

Atlanta + 1.404.581.8656

For more than 28 years, Janine Metcalf has represented clients in high-stakes, often bet-the-company, litigation. She has been lead counsel in fraud, securities, and complex transaction-related litigation in federal and state courts across the United States. Janine also counsels clients in connection with high-pressure internal investigations and represents companies in significant product liability, banking, and real estate litigation. She also has substantial experience handling litigation involving non-U.S. litigants.

Most recently, Janine served as lead counsel in the defense of Rayonier Inc. in a securities class action and related derivative litigation involving claims that the company had misrepresented the sustainability of its timber harvesting practices. In addition, she defended Gray Television in obtaining a critical emergency order from the Georgia Supreme Court allowing Gray to participate in the National Incentive Spectrum Auction despite an injunction order from a state trial court enjoining Gray from operating an Augusta television station or offering it in the auction. Janine also represented the Southern Company in fraudulent conveyance and securities litigation arising from the spin-off of Mirant Corporation in which billions of dollars were at stake. Further, Janine served as lead counsel for KeyBank National Association in complex federal court litigation regarding disputes relating to one of the largest developments in Louisiana.

Janine is a member of the Litigation Section of the Atlanta Bar Association and is a Master with the Lamar Inn of Court.

Experience

  • Special litigation committee of board of directors reaches resolution in insider trading investigationJones Day was retained to represent a Special Litigation Committee ("SLC") of a Board of Directors in connection with a derivative demand sent on behalf of several alleged shareholders.
  • Rayonier resolves derivative action claiming breach of fiduciary duties arising from failure to harvest sustainablyJones Day client Rayonier Inc. resolved a shareholder derivative action in which plaintiffs alleged that former officers and directors of Rayonier, a publicly-traded timber real estate investment trust, breached their fiduciary duties by overharvesting Rayonier’s Pacific Northwest timberlands, misrepresenting the sustainability of its timber harvesting practices, and overstating its merchantable timber inventory.
  • Rayonier resolves lawsuit involving claimed misrepresentations regarding sustainabilityJones Day client Rayonier Inc. resolved a class action lawsuit in which plaintiffs alleged that Rayonier, a publicly-traded timber real estate investment trust, violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by misrepresenting the sustainability of its timber harvesting practices and overstating its merchantable timber inventory.
  • Gray Television wins emergency motion allowing company to participate in National Incentive Spectrum AuctionIn a case with important ramifications for the historic National Incentive Spectrum Auction being held by the Federal Communications Commission, Jones Day client Gray Television Group, Inc. obtained a critical emergency order from the Georgia Supreme Court allowing Gray to participate in the Auction.
  • Sherwin-Williams defends against action alleging damages from lead paint purportedly on playground equipment at Head Start facilityIn addition to several other lead paint cases, Jones Day is representing The Sherwin-Williams Company in this action brought by minors alleging damages from lead paint purportedly on playground equipment at a Head Start facility.
  • KeyBank forecloses on mixed-use Perkins Rowe project in Baton Rouge, LouisianaJones Day advised KeyBank National Association, as agent, in its enforcement of remedies and successful contested foreclosure of the 700,000 rentable-square-foot mixed-use Perkins Rowe project in Baton Rouge, Louisiana.
  • Milliken & Company defends against claims brought by former executive regarding his non-compete agreementJones Day defended Milliken & Company against claims by a former executive seeking to enjoin enforcement of a non-compete agreement.
  • Globalia Corporación Empresarial, S.A. defends against claims under Georgia's RICO and Deceptive Trade Practices statutesJones Day represented Globalia Corporación Empresarial, S.A. and its affiliates in U.S. federal court litigation asserting claims under Georgia RICO and Georgia's Deceptive Trade Practices Act.
  • Schütz Container Systems successfully resolves patent infringement and trademark action against National Container Group and Mauser Corporation regarding marketing and sale of intermediate bulk containersJones Day represented Schütz Container Systems in a patent infringement and trademark lawsuit regarding the sale of reconditioned intermediate bulk containers (IBCs) with non-Schütz inner containers.
  • KeyBank brings federal court action regarding $170 million construction loanJones Day represented KeyBank National Association in foreclosure and related litigation arising from the borrower's default on a $170 million construction loan to build the Perkins Rowe development in Baton Rouge, Louisiana.
  • Sherwin-Williams defends against action alleging damages from lead paint purportedly in the homeJones Day represented The Sherwin-Williams Company in this action alleging damages from lead paint purportedly in the home.
  • The Southern Company defends action brought by its former subsidiary Mirant CorporationJones Day represented The Southern Company in a $2 billion action brought on behalf of its former subsidiary Mirant Corporation alleging, among other things, that Southern caused Mirant to engage in fraudulent transfers and aided and abetted Mirant to breach fiduciary duties.
  • Sherwin-Williams defends against action alleging damages from lead paint purportedly on Head Start facility playground equipmentJones Day is representing The Sherwin-Williams Company in those actions brought by several minors alleging damages from lead paint purportedly on playground equipment at a Head Start facility.
  • IBM summary judgment win in commission dispute is affirmed by 4th CircuitOn behalf of International Business Machines Corporation (IBM), Jones Day successfully moved for summary judgment in connection with commission claims in excess of $2 million.
  • The Southern Company defends securities fraud actionJones Day represented The Southern Company and certain of its former directors in a consolidated securities fraud class action against The Southern Company's former subsidiary Mirant Corporation, and the underwriters of Mirant Corporation's initial public offering.
  • The Southern Company asserts securities fraud action against former subsidiary Mirant involving IPO registration statementJones Day was retained to represent The Southern Company in connection with (a) the Mirant Corporation chapter 11 cases; (b) a multibillion dollar adversary proceeding initiated against Southern by the Mirant debtors and the creditors' committee in their bankruptcy cases (since replaced as plaintiffs by substitution of a post-confirmation, special purpose litigation entity formed under Mirant's reorganization plan); and (c) two parallel, nonbankruptcy actions by other plaintiffs, involving ERISA and securities claims, respectively, and involving some of the same facts and circumstances.
  • Officers and Directors of Mayflower Corporation defend securities fraud actionJones Day represented officers and directors of Mayflower Corporation in defense of federal and Georgia securities fraud, common law fraud, negligent misrepresentation, and breach of contract claims arising out of plaintiff U.K. corporation's purchase of 40% of a now bankrupt company, allegedly in reliance upon false financial statements and projections.
  • Trico Steel asserts damages claim against NKK and Mitsubishi alleging defective steelmaking equipmentJones Day represented Trico Steel Company in a lawsuit and a related arbitration concerning Trico's claim for over $100 million in damages resulting from allegedly defective steelmaking equipment supplied by Japanese equipment suppliers.
  • Dun & Bradstreet's successful defense of retirement benefits litigation is affirmed by 11th CircuitJones Day represented Dun & Bradstreet, Inc. (D&B) in litigation concerning retirement benefits.
  • Speaking Engagements

    • March 25, 2015
      Ethical Issues in Internal Investigations
    • February 19, 2015
      Top 10 Mistakes by Parties in Syndicated Loan Transactions
    • September 25, 2014
      Boot Camp for Litigation Managers: From Dispute to Litigation to Resolution
    • February 28, 2013
      Georgia False Claims Act: It's Not Just For Healthcare Anymore
    • October 24, 2012
      Perfecting the Attorney-Expert Relationship
    • October 23, 2012
      St. Thomas More Society, Inc. - Freedom of Religion - A Catholic Perspective
    • August 23, 2012
      Challenges for Global Corporations: Navigating International Data Privacy and Disclosure Laws
    • February 29, 2012
      Who's Looking at your Bytes - Social Media and Privacy in 2012
    • March 2, 2011
      E-Discovery Update: Litigation Holds and Records Retention, Jones Day CLE Academy
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