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John M. Scannapieco

Shareholder
Nashville
T: 615.726.5648
F: 615.744.5648

John M. Scannapieco is a shareholder in the Nashville office of Baker Donelson and is a co-leader of the Firm's Global Business Team.

Featured Video

How to Conduct Proper Due Diligence When Working with Chinese Partners December 3, 2015

Featured Experience

Represented U.S. bio-technology company in connection with its expansion to Australia.
Represented U.S. company in connection with the termination of distribution agreements in Europe and Australia.
Represented U.S. company in connection with consumer product safety disclosures in both Japan and the United States.

Professional Biography

Overview

Business is increasingly global in scope with improved technology, transportation and communication, as well as increased migration and the movement of people, all of which has increased globalization, making cross-border business and trade more practical. John provides strategic guidance and counsel to businesses and individuals regarding their existing global operations or to those contemplating global expansion.

Mr. Scannapieco assists U.S. and foreign clients in connection with the sale or disposition of assets, as well as the negotiation and drafting of distribution, manufacturing, employment and agency agreements throughout the world, including the United States, Central and South America, Europe and Asia. He works with a variety of U.S.-based companies in connection with their business activities in China, Europe, the Americas and Africa. He also advises companies that are contemplating pursuing a China strategy, as well as those companies that are currently doing business in China or with China-based businesses. Mr. Scannapieco assists U.S. manufacturing companies with their activities overseas and foreign companies desiring to expand operations to the United States. He works with U.S.-based health care companies in a number of foreign jurisdictions, including China, Europe, Central and South America and the Caribbean. Mr. Scannapieco also has worked with several companies in connection with the expansion of their global workforce.

Mr. Scannapieco serves as Honorary Consul from Great Britain and Northern Ireland in Tennessee.  He is a board member of the Nashville Area Chamber of Commerce's International Business Council and a chairman of the board of the Japan American Society of Tennessee. He also serves as a board member for Tennessee-China Network, Tennessee World Affairs Council and Belmont University Center for International Business. Additionally, he represents the Firm in TerraLex and Mackrell International, two leading international legal networks. Through his involvement in these organizations, he routinely helps clients locate resources, including legal, financial accounting or other assistance, to complete transactions or to resolve disputes throughout the world. He has been recognized by Mid-South Super Lawyers in International Law.

Domestically, Mr. Scannapieco handles all types of ERISA disputes, including class action and individual claims relating to denials of claims for benefits, severance plans, fiduciary duty and prohibited transaction provisions, ERISA Section 510 claims, plan investment losses, subrogation/reimbursement claims and claims brought against managed care organizations. His typical clients include plan sponsors, welfare and pension plans, fiduciaries, insurance companies, claim administrators and managed care organizations.

Representative Matters
  • Represented U.S. bio-technology company in connection with its expansion to Australia.
  • Represented U.S. company in connection with the termination of distribution agreements in Europe and Australia.
  • Represented U.S. company in connection with consumer product safety disclosures in both Japan and the United States.
  • Represented U.S. company in connection with due diligence, negotiation and drafting of manufacturing agreement with Chinese manufacturing company.
  • Represented U.S. health care company in connection with the negotiation and drafting of services agreement with Chinese health care company and Chinese hospital.
  • Represented several U.S. companies in the negotiation and drafting of agency agreements in Europe, South America and Asia.
  • Represented several U.S. companies in the negotiation and drafting of distribution and manufacturing agreements in Europe, the Americas and Asia.
  • Assist U.S. companies establish business presence in China, including entity formation, tax issues and other related matters.
  • Assisted U.S.-based outsourced medical provider explore opportunities to expand services in Mexico, Panama, Ecuador, Brazil and several Caribbean nations.
  • Assisted a Chinese company in compliance with requirements of the Foreign Corrupt Practices Act and other anti-corruption statutes and regulations.
  • Assisted U.S. companies doing business abroad in compliance with requirements of the Foreign Corrupt Practices Act and other anti-corruption statutes and regulations.
  • Represented a U.S. company in connection with its design of a hospital facility in China.
  • Assisted a Chinese company with various employment issues that arise in the United States.
  • Represented a U.S. company in connection with its purchase of manufacturing equipment from a Chinese company.
  • Represented a U.S. company in connection with the sale of its interest in a Chinese joint venture to a Hong Kong entity.
  • Served as counsel to a regional non-profit health care system in cases involving complex ERISA issues, including fiduciary matters and claims for benefits.
  • Served as counsel to several national for-profit hospital corporations in cases throughout the United States involving complex ERISA issues, including fiduciary matters and claims for benefits.
  • Served as regional counsel to a national insurer in cases requesting ERISA and non-ERISA disability and/or life insurance benefits.
  • Successfully negotiated asset sale on behalf of two sister pharmaceutical companies. The purchaser was a buyer affiliated with and funded by a Chinese entity.  Assets sold consisted of realty and personalty in Kentucky and Puerto Rico, and purchase price, including tax credits and earnouts, equaled $36 million. Representation involved significant negotiations with secured and unsecured creditors, the assignment of contracts with government agencies, a minor recall ordered immediately prior to closing and other regulatory and compliance matters.

Professional Honors & Activities
  • Honorary Consul from Great Britain and Northern Ireland for Tennessee (2016 – present)
  • Chairman – Japan American Society of Tennessee (2016 – present)
  • Member – Nashville Area Chamber of Commerce, International Business Council, Board of Directors (2008 − present)
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in Mid-South Super Lawyers in International Law (2014 – 2017)
  • Member – Tennessee Economic Development Council
  • Member – Belmont University Center for International Business, Advisory Board
  • Board Member – Tennessee China Network
  • Board Member – Tennessee World Affairs Council
  • Board Member – U.S. Global Leadership Coalition, Tennessee Advisory Committee
  • Member – Leadership Health Care
  • Member – American Health Lawyers Association, International Section
  • Listed since 2011 in The Best Lawyers in America® in the area of Litigation - ERISA
  • Named The Best Lawyers' 2013 and 2015 Nashville Litigation – ERISA "Lawyer of the Year"
Speaking Engagements

Education

  • Southern Methodist University − Dedman School of Law, J.D. , 1990
  • Washington & Lee University, B.A., 1987

Admissions

  • Tennessee
  • United States Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the Eastern, Middle and Western Districts of Tennessee
  • U.S. District Court for the Eastern and Western Districts of Arkansas
  • U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Western District of Oklahoma
  • U.S. District Court for the Eastern District of Missouri
  • U.S. District Court of Colorado

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