David C. Kiernan

Partner-in-Charge Northern California

San Francisco + 1.415.875.5745 Silicon Valley + 1.650.739.3917

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David Kiernan is a seasoned trial lawyer who has tried and litigated complex disputes in state and federal courts and in arbitrations. He has deep experience defending companies across industries in antitrust and unfair competition matters, including competitor lawsuits, class actions, and government enforcement actions.

David's notable recent antitrust engagements include representing a technology company in obtaining dismissal of a putative class action alleging negative tying, exclusive dealing, and monopolization; obtaining dismissal of an antitrust class action alleging that companies used pricing algorithms to fix hotel prices; representing a hospital system in obtaining a unanimous jury verdict in an antitrust class action; and obtaining summary judgment for a refinery in a price-fixing class action seeking more than $70 billion in treble damages. Beyond antitrust, David handles a wide range of commercial disputes, including public nuisance, breach of contract and fraud, intellectual property, and trade libel and defamation.

David is ranked as a top antitrust lawyer and trial lawyer by Chambers, Legal 500, Lawdragon, Daily Journal, and Law360 and was named among Forbes' inaugural list of America's Top 200 Lawyers (2024).

David is also Partner-in-Charge of Jones Day's Northern California offices and head of litigation for the San Francisco Office.

Experience

  • Sutter Health wins complete defense verdict in landmark antitrust class actionJones Day won a complete defense jury verdict for Sutter Health in a landmark antitrust class action seeking $1.2 billion in treble damages.
  • Consumer products company defends lawsuit claiming marine plastic pollutionJones Day is defending a consumer products company in a lawsuit alleging the client and several other companies named as defendants, are responsible for marine plastic pollution because they (1) use plastic packaging rather than more environmentally friendly and sustainable materials and (2) misrepresent in their labeling and advertising that their packaging is recyclable when (they allege) it is not because of the lack of adequate recycling facilities.
  • Adobe Systems resolves recruiting antitrust litigationJones Day client Adobe Systems Inc. reached a settlement agreement resolving a nationwide antitrust class action brought by current and former employees of Adobe, Apple, Google, Intel, Intuit, Lucasfilm or Pixar alleging conspiracy to fix and suppress employee compensation by entering into non-solicitation agreements.
  • Wabtec settles antitrust class action regarding employee recruiting practicesJones Day defended Wabtec Corporation and settled an antitrust class action.
  • Intuit defends against employee compensation antitrust class actionJones Day client Intuit Inc. successfully settled an antitrust class action brought on behalf of individuals employed by several technology companies alleging conspiracy to fix and suppress employee compensation by entering into non-solicitation agreements.
  • Intuit obtains dismissal of antitrust lawsuit surrounding bilateral agreement regarding recruiting practicesJones Day client Intuit Inc. obtained dismissal of a putative class action alleging that Intuit and co-defendant eBay Inc. agreed not to solicit or hire each other's employees in violation of federal and California antitrust laws.
  • Aetna wins dismissal of antitrust litigationJones Day won dismissal of an antitrust case brought by four diagnostic testing laboratories alleging that Aetna Inc. and other healthcare payers had entered unlawful exclusive dealing arrangements with Quest Diagnostics.
  • Sony settles antitrust class action involving employee compensationJones Day defended Sony Pictures Entertainment Inc. and settled an antitrust class action brought on behalf of a nationwide class of current and former employees of several film animation companies alleging the defendants entered into a conspiracy to suppress employee compensation through non-solicitation agreements and sharing compensation information.
  • Kuwaiti company resolves potential litigation over investments in MENA regionJones Day represented a Kuwaiti client in resolving potential litigation over its $100 million investment in projects in the Middle East & North Africa region.
  • Epsilon/Westford Funds and affiliates defend against bankruptcy related claimsJones Day is defending Epsilon/Westford Funds and its Cayman Island and BVI entities against claims brought by the chapter 11 trustee for Petters Company, Inc. and its affiliates.
  • Fresno Community Regional Medical Center prevails after union appeals injunction against picketing activitiesJones Day client Fresno Community Regional Medical Center ("CRMC"), an acute care facility in California, defeated the appeal by Carpenters Union, Local 701 of a trial court's denial of an anti-SLAPP motion.
  • Meridian and related entities pursue litigation over U.S. investmentsJones Day represented Kuwaiti and Cayman Islands entities of Meridian Real Estate Investment Company as plaintiffs in litigation over U.S. investments.
  • 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.
  • Wells Fargo successfully resolves CERCLA cost recovery suit in CaliforniaJones Day defended Wells Fargo Bank, National Association in a CERCLA cost recovery suit filed in the Eastern District of California.
  • Jones Day prevails before United States Court of Appeals for the Ninth Circuit: Prisoners’ Establishment Clause Claim allowed to proceedA Jones Day team of lawyers, led by David Kiernan and Thomas Ritchie, along with co-counsel Barbara McGraw, prevailed before the United States Court of Appeals for the Ninth Circuit. 
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    November 2025 Alert

    Ninth Circuit Enjoins SB 261's Climate-Related Risk Reporting Requirements, Declines to Enjoin SB 253

    June 2025 Alert

    California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

    NOVEMBER 2024 Alert

    EPA Releases National Strategy to Prevent Plastic Pollution

    OCTOBER 2024 Commentary

    California Enacts First-of-its-Kind Clothing Recycling Law

    September 2024 Alert

    California's Climate Disclosure Laws Move Forward After Governor Newsom's Proposal to Delay Implementation Fails

    September 2024

    The Climate Report: Third Quarter 2024

    September 2024 Newsletters

    City of Baltimore v. BP, et al.: Baltimore's Climate Change Suit Against Fossil Fuel Manufacturers Dismissed

    SEPTEMBER 2024 Alert

    D.C. Appellate Court Revives Case Against Coca-Cola, Placing "Sustainability" Claims Under Scrutiny

    JULY 2024 Alert

    Baltimore's Climate Change Lawsuit Dismissed

    April 2024 Podcast

    JONES DAY TALKS®: ESG Reporting Rules: The SEC, CSRD, and California- Who's on the Hook?
    View All

    Additional Speaking Engagements

    • October 8, 2014
      2014 Labor & Employment Law Discussion Group
    • November 14, 2013
      Ethical and Practical Considerations of Using Technology-Assisted Review in Litigation, Celesq/Westlaw Legal Ed
    • September 18, 2013
      The E-Discovery Cost Saving Solutions: The New Drivers for Efficiency and Spending Less
    • January 31, 2013
      Ethics Privilege, and e-Discovery, Jones Day MCLE University

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