Jennifer L.Del Medico

Partner

New York + 1.212.326.3658

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Jennifer Del Medico defends clients in mass tort and class action litigations focusing on alleged violations of consumer protection laws, property damage, and environmental torts. She has defended alleged violations of the New Jersey Consumer Fraud Act for clients in a wide range of industries, including automotive parts, personal care products, baby products, and credit reporting. She also has litigated cases involving complex financial products, collateralized debt obligations, and securities claims. She was part of the team representing Lehman Brothers Holdings and its affiliated debtors at trial in the first derivatives cases in the Lehman bankruptcy.

Jennifer's practice also includes defending pharmaceutical and health care companies in False Claims Act matters, as well as in government investigations of allegations related to kickbacks and off-label marketing. She defended Celgene Corporation in connection with an FCA lawsuit alleging that Celgene promoted two of its cancer treatments for off-label uses and that Celgene paid kickbacks to physicians to get them to promote or prescribe the treatments.

Jennifer has extensive experience planning, implementing, and managing electronic discovery projects in the U.S. and abroad relating to potential and active litigations. She has been responsible for managing large teams of lawyers in executing major discovery projects on time and within budget.

Jennifer maintains an active pro bono practice representing clients in immigration court and in conjunction with applications to the United States Citizenship and Immigration Services.

Experience

  • Swander Pace Capital sells Patriot Pickle to H.I.G. CapitalJones Day advised Swander Pace Capital in the sale of Patriot Pickle, a manufacturer and distributor of high-quality refrigerated pickles across the United States to restaurant chains, supermarkets, and delis, to an affiliate of H.I.G. Capital.
  • Celgene wins complete defense verdict in case filed by health insurer, Humana Inc., relating to off-label use of cancer medicationsOn March 2, 2023, Jones Day prevailed in a five-week jury trial on behalf of Celgene Corporation in a lawsuit brought by health insurance company Humana, Inc.
  • BMS challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Bristol Myers Squibb Company ("BMS"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Venezuelan mother and son obtain asylum under new MPPOn November 13, a trial team led by Irvine Partner Roman Darmer and New York Partner Jenn Del Medico, and with support from Micah Telegen and Rachel Elwood, successfully persuaded an Immigration Judge to grant asylum for Laredo Project client C and her 8-year old son based on past persecution of Ms. C for her political opinion by the Venezuelan government.
  • Town of Islip defeats motion for preliminary injunction to change its electoral systemJones Day represents the Town of Islip, New York and the Islip Town Board in litigation challenging their at-large voting system.
  • News media defeats web pundit Facebook conspiracy claimJones Day represented CNN, NPR, PBS, and NewsHour Productions LLC in obtaining a dismissal of a web pundit plaintiff's claim that the media companies conspired with Facebook to prevent the plaintiff's media company from making effective use of the social media platform.
  • Kipling, Nautica, and Timberland win permanent injunction and $31 million damage award in counterfeit actionKipling Apparel Corp., Nautica Apparel, Inc., and TBL Licensing LLC (Timberland) won a default judgment and permanent injunction, in an action to combat the unauthorized and counterfeit uses of the three plaintiffs' famous trademarks in multiple domain names and copycat websites.
  • Celgene resolves False Claims Act case related to alleged off-label promotion of Thalomid® and Revlimid®Jones Day represented Celgene Corporation in a False Claims Act lawsuit related to allegations that Celgene promoted the cancer treatment drugs Thalomid® and Revlimid® for off-label uses prior to their FDA approval for such uses, and paid kickbacks to physicians in order to get them to promote and prescribe those drugs.
  • Goodman defeats class certification in putative consumer class actions alleging sale of failure-prone air conditioner componentsJones Day represents Goodman Global, Inc. and its affiliates, the manufacturers of central air conditioning and heating systems sold under the Goodman, Amana, and Daikin brands, in a series of putative consumer class actions.
  • U.S. company evaluates issues associated with filing an antidumping or countervailing duty petitionJones Day is helping a U.S. company evaluate issues associated with filing an antidumping and/or countervailing duty petition targeting products imported from China.
  • LabCorp obtains dismissal of qui tam action alleging violations of Anti-Kickback Statute and Medicare billing regulationOn behalf of Laboratory Corporation of America (LabCorp), a nationwide provider of health care diagnostic testing services, Jones Day successfully moved to dismiss a qui tam complaint filed in the U.S. District Court for the Southern District of New York under the federal False Claims Act (FCA) and the FCA analogs in 14 states and the District of Columbia.
  • IBM resolves claims related to alleged exposure to toxic emissionsJones Day client International Business Machines Corporation (IBM) resolved numerous claims brought by hundreds of current and former residents of Endicott, NY alleging personal injuries, diminution in property values, and other damages related to alleged vapor intrusion and historic air emissions in the area from IBM's former manufacturing facility.
  • Essilor acquires controlling stake in Transitions Optical joint venture with PPG for $1.7 billionJones Day advised Essilor International SA in its $1.7 billion buyout of a 51 percent interest in Transitions Optical group from joint venture partner PPG Industries.
  • Procter & Gamble resolves nationwide class actions related to marketing for Crest Sensitivity & Protection ToothpasteJones Day represented The Procter & Gamble Company in connection with a number of nationwide class actions alleging consumer fraud related to the marketing and distribution of Crest Sensitivity & Protection Toothpaste.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
  • RBS Citizens prevails at bench trial in trademark infringement caseJones Day successfully represented RBS Citizens at a preliminary injunction hearing and subsequent bench trial in a trademark infringement case.
  • Mitsubishi pursues injunctive relief in N.Y. Supreme Court in international multi-million dollar letter-of-credit disputeJones Day represented Mitsubishi Corporation in a time-sensitive New York Supreme Court proceeding for a temporary restraining order and preliminary injunctive relief involving a multi-million dollar, international, letter-of-credit dispute.
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    June 2019 White Paper

    Current Trends: Discovery of Electronically Stored Information on Mobile Devices and Social Media

    July 2009 External Publications

    Got Produce? Ten Steps To New Dialog, Assortment Rationalization, Ugly Produce, Inspections & Recalls, Perishable Pundit

    May 2009 External Publications

    Beware Of Bribery Beyond Our Borders, European Market, Produce Business

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