Healthcare & Life Sciences

  • Defending a branded-pharmaceutical innovator in confidential international arbitration involving antitrust and breach of contract claims over patent-licensing disputes upon generic entry (AAA evidentiary hearing scheduled in New York City for October 2021)
  • Successfully argued motion for transfer of multiple putative class actions around the nation to N.D. Cal. for top Silicon Valley technology company (J.P.M.L. March 2021)  
  • Won summary judgment for industry-leading distributor of medical and surgical supplies in federal antitrust litigation over pricing policies brought by competitor and nationwide putative classes of customers (hospitals)
  • Represented a top healthcare company in federal antitrust litigation over competitive business practices brought by a competitor
  • Represented health insurers in multi-district and class action litigation involving pharmaceutical pricing issues and competition by generics
  • Successfully represented top healthcare providers in multiple contract litigation matters

Technology & IP

  • Won summary judgment for a leading technology company, defeating an unfair competition law claim in a precedent-setting antitrust and contract litigation to determine fair, reasonable, and non-discriminatory (FRAND) licensing terms for a worldwide portfolio of standard-essential mobile-telecommunications patents. Also, helped the client win a verdict determining that the company did not breach its FRAND licensing obligations
  • Won a motion to dismiss for a leading mobile-device maker in federal antitrust litigation over company's role in technical standard-setting for 4G-LTE mobile technology—thus defeating a threatened injunction against launch of the company's 4G devices
  • Represented a top Web-browser maker in IP and standard-setting issues regarding the next-generation hypertext markup language (HTML) for the World Wide Web
  • Represented leading technology companies in patent infringement litigation involving cellular and WiFi technologies

Commercial

  • Represented more than 50 Fortune 500 companies suing major credit card issuers in multi-district antitrust litigation over credit and debit card interchange fees charged to major merchants
  • Eliminated 95 percent of the largest antitrust jury verdict in the US by taking over a case, after trial, involving online advertising in the mortgage lending industry
  • Defeated US$2 billion in federal antitrust claims before trial for a Fortune 10 company in multiple cases brought by a putative class of the company's thousands of domestic distributors and retailers
  • Won judgment NOV, eliminating a US$10 million jury verdict in a commercial real estate case by taking over the matter after trial
  • Won a high-profile trial defending the country's second-largest school district against a claim by a Trump partnership seeking US$26 million in damages regarding development of an historic site in Los Angeles
  • Turned the tables for a top company in Asia by taking over declaratory relief litigation that another firm had lost for the company; prevented the plaintiff from using collateral estoppel against the company in a second action for US$30 million in damages
  • Won summary judgment for a major airline in defending against the general contractor's construction delay and fraud claims in federal court. The lawsuit involved a US$40 million project at a major international airport.
  • Defeated a significant lease pass-through liability for a major bank that was the anchor tenant in a downtown office building affected by an assessment for commercial asbestos-abatement and fire-sprinkler retrofit work. Also recovered attorney's fees and costs for the client in the highly-publicized arbitration proceeding.

Sports

  • Served as lead trial counsel for the Los Angeles Clippers basketball franchise in historic diversity and inclusion-related litigation against the former owner, whose allegedly racist remarks published by TMZ caused the NBA to ban him from managing the team. Winning the trial helped rescue the team by enabling a widely-acclaimed sale of the team to former Microsoft CEO Steve Ballmer. The crisis management and resolution also avoided a potential walkout of the NBA's star players.
  • Led investigations relating to recent college sports scandals.

Mass Torts

  • John’s tort litigation experience began when he was the senior law clerk to the chief judge of the US District Court for the Eastern District of Michigan. His judge presided over all of the asbestos litigation then pending in the district. John helped the judge review the Sumner Simpson papers in camera and write several seminal opinions on theories of product liability, causation and damages at the summary judgment, directed verdict and post-trial stages.
  • In practice, John has successfully defended litigation against manufacturers in the medical device, medical supplies, and metals industries as well as RCRA, CERLA and private tort litigation against owners of superfund sites.

Multi-district litigation

  • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720-MKB-JO (E.D.N.Y.)
  • In re Automotive Parts Antitrust Litigation, 2:12-md-02311-SFC-RSW (E.D. Mich.)

  • In re Generic Pharmaceuticals Pricing Antitrust Litigation, 2:16-md-02724 (E.D. Pa.)

Representative decisions

  • TCL Commc’n Tech. Holdings, Ltd. v. Telefonaktiebolaget LM Ericsson, No. 8:14-cv-00341-JVS-DFM, 2018 WL 4488286 (C.D. Cal. Mar. 9, 2018): trial decision that clients did not breach their FRAND licensing commitments in negotiations over licensing of worldwide standard-essential patent portfolio
  • TCL Commc’n Tech. Holdings, Ltd. v. Telefonaktiebolaget LM Ericsson, No. 8:14-cv-00341-JVS-DFM, 2016 WL 7049263 (C.D. Cal. Aug. 9, 2016): summary judgment on a California Unfair Competition Law claim alleging restraint of trade for failure to license worldwide portfolio of standard-essential patents on FRAND terms
  • Suture Express, Inc. v. Owens & Minor Distribution, Inc., No. 12-2760-DDC-KGS, 2016 WL 1377342 (D. Kan. Apr. 7, 2016): summary judgment on federal and state antitrust claims alleging anticompetitive bundled loyalty discount pricing in medical-surgical supply markets
  • Corr Wireless Communications, L.L.C. v. AT & T, Inc., No. 3:12CV036-SA, 2013 WL 4829287 (N.D. Miss. Sept. 10, 2013): pleading stage dismissal of federal antitrust claims alleging that client led an antitrust conspiracy to create a baseless technical standard for 4G-LTE that restrained competition by regional wireless carriers and networks
  • Van Dyck Motors Inc v. Ford Motor Co., No. 5:03-cv-00133-VAP-SGL (C.D. Cal. Dec. 23, 2003): summary judgment on fraud claim and federal antitrust claim alleging restraint of trade in delivery of patented computer services to putative nationwide class of Ford and Lincoln/Mercury dealers
  • Hathaway Dinwiddie Const. Co. v. United Air Lines, Inc., No. 2:00cv1289 (C.D. Cal. Apr. 2, 2001): summary judgment on contract and fraud claims over construction delay in terminal improvements at Los Angeles International Airport