John Vail
Of Counsel
John Vail
John Vail serves as Of Counsel to Fay Law Group, bringing nearly five decades of legal experience and an extensive background in complex litigation. Throughout his career, John has represented clients in matters before state and federal courts, including litigation reaching the Supreme Court of the United States.
His broad legal experience, combined with decades of courtroom practice, provides Fay Law Group and its clients with valuable insight on sophisticated legal issues and high-stakes matters. John brings a thoughtful and strategic approach to litigation developed over a career spanning multiple areas of law and nearly every level of the judicial system.
In addition to his legal practice, John has maintained a longstanding commitment to community service and public-interest advocacy. His diverse professional background and dedication to the law have shaped an approach centered on careful analysis, effective advocacy, and service to others.
As Of Counsel, John draws on his extensive experience to support Fay Law Group’s attorneys and clients in complex matters, contributing the perspective and judgment that come from nearly 50 years in the legal profession.
Outside of the practice of law, John enjoys hiking and bicycling.
Areas of Practice
Jurisdictions
Degrees
Languages
Background
Credentials & Experience
Education
Vanderbilt University School of Law, Nashville, Tennessee
- JD – 1979
University of Chicago, Chicago, IL
- AB – 1976
Bar Admissions
- Tennessee, 1979
- New Mexico, 1985
- North Carolina, 1989
- District of Columbia, 1999
- U.S. Supreme Court, 1986
Professional Associations
- American Civil Liberties Union of Virginia — Past President, 2005–2010; Board Member
- American Civil Liberties Union of North Carolina — Past President, 1996–1997; Former Board Member
- North Carolina Bar Association, Litigation Section — Former Council Member
- American Bar Association — Member
- Local Bar Association — Past President
More About John
John has extensive experience teaching substantive law, litigation and advocacy skills, and organizational management to audiences ranging from experienced attorneys and managers to advocates and professional staff. His experience includes both developing training programs and delivering instruction.
He has also provided management and advocacy training to representatives of international non-governmental organizations participating in U.S.-based fellowship and exchange programs administered by Freedom House, sharing his legal and organizational experience with advocates from around the world.
- Fay Law Group, P.A. — Of Counsel
- John Vail Law, PLLC — Attorney, 2013–Present
- Center for Constitutional Litigation, P.C. — Vice President & Senior Litigation Counsel, 2002–2013
- The George Washington University Law School — Professorial Lecturer in Law, 2007–2009
- Association of Trial Lawyers of America — Senior Counsel & Associate Director for Constitutional Litigation, 1998–2001
- Center for Law and Education — Staff Attorney, 1997–1998
- Catawba Valley Legal Services, Inc. — Executive Director, 1990–1997; Litigation Director, 1988–1990
- Center for Defense of Human Rights, Budapest, Hungary — 1995
- New Mexico Legal Services Support Project — Project Director, 1984–1988
- Legal Services of Upper East Tennessee, Inc. — Attorney, Senior Attorney & Litigation Director, 1980–1984
- National Labor Relations Board — Trial Attorney, 1980
- Six Questions in Light of J. McIntyre v. Nicastro, 63 South Carolina Law Review 517, 2012
- Supreme Court Review: Mandatory Arbitration Revisited, TRIAL, 2012
- A Closer Look at State Constitutions, TRIAL, 2010
- The People Shall Judge, ATLA Docket, 2010
- The Invisible Constitution, TRIAL, 2009
- Big Business Acts the Bully, National Law Journal, 2008
- The Real Issue Is Jurors' Rights, National Law Journal, 2008
- Blame It on the Bee Gees: The Attack on Trial Lawyers and Civil Justice, New York Law School Law Review, 2006
- Big Money v. The Framers, Yale Law Journal, The Pocket Part, 2005
- A Common Lawyer Looks at State Constitutions, Rutgers Law Journal, 2001
- American Express Co. v. Italian Colors Restaurant, 570 U.S. 228 (2013)
- Comcast Corp. v. Behrend, 569 U.S. 27 (2013)
- CompuCredit Corp. v. Greenwood, 565 U.S. 95 (2012)
- J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873 (2011)
- Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)
- AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011)
- Bennett v. Islamic Republic of Iran, 618 F.3d 19 (D.C. Cir. 2010)
- Jones v. Halliburton Co., 625 F. Supp. 2d 339 (S.D. Tex. 2008)
- Melena v. Anheuser-Busch, Inc., 219 Ill. 2d 135 (2006)
- University of Maryland Medical System Corp. v. Malory, 143 Md. App. 327 (2001)
John has maintained a longstanding commitment to civil liberties, access to justice, poverty policy, environmental conservation, and community development throughout his legal career.
- American Civil Liberties Union of Virginia — President, 2005–2010; longtime Board Member
- American Civil Liberties Union of North Carolina — President, 1996–1997; former Board Member
- North Carolina Justice and Community Development Center — Founding Board Member; originated the concept that became the North Carolina Budget & Tax Center
- New Mexico Conference of Churches — Convener, Poverty Task Force
- Catholic Social Services of New Mexico — Convener, Immigration Reform Act Task Force
- North Carolina Education and Law Task Force — Member
- Sierra Club, North Carolina Chapter — Former Executive Committee Member; more than 30 years of involvement
- South Mountains State Park Advisory Commission — Founding Chair
- South Mountains Coalition / Foothills Conservancy of North Carolina — Founder
- Tennessee Environmental Council — Former Board Member
- Velocity Bicycle Cooperative — Board Member
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“They are such an amazing group of people! Thanks for working so hard and diligently for us!”
— Stacey P.