Kevin D. McDonald
Partner
Washington
Tel: +1.202.879.3743
Fax: +1.202.626.1700
Email:
kdmcdonald@jonesday.com
Profile
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Experience
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Publications
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Speaking Engagements
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Kevin McDonald specializes in antitrust litigation. He has trial and appellate experience at all levels of federal and state courts, as well as various administrative agencies. His practice also routinely involves issues such as civil RICO, bankruptcy, product liability, and various aspects of corporate takeovers. In the health care industry, he has represented pharmaceutical companies, insurers, hospitals, and provider groups; other industries in recent matters include telecommunications, oil and gas, airlines, insurance, and entertainment media.
Recent antitrust jury trials, FTC proceedings, and other civil litigation have produced victories for Bayer, BlueCross BlueShield of Tennessee, Chevron, Lee Memorial Hospital, Danbury Hospital, The Marshfield Clinic, and Airlines Reporting Corporation. Kevin represents Bayer in the ongoing multidistrict litigation involving the antibiotic Cipro, in which the Eastern District of New York granted summary judgment to Bayer on all antitrust claims arising from the settlement of Hatch-Waxman patent litigation. Other recent dismissals of antitrust complaints included price-fixing claims against Chevron (District of Columbia, 2007), price-fixing and boycott claims against Lee Memorial Hospital (11th Circuit, 2006), and exclusive dealing claims against BlueCross BlueShield of Tennessee (6th Circuit, 2005).
Kevin has contributed steadily to Jones Day's leadership in the important area of antitrust and intellectual property. In connection with the Supreme Court's recent decision in Illinois Tool Works v. Independent Ink, he drafted two amicus briefs on behalf of the ABA successfully urging the Court to reject any presumption of market power for patented products. He has written extensively on the intersection of antitrust and intellectual property law, and he has spoken on those issues at programs sponsored by the ABA, ALI-ABA, PLI, Strafford Publications, Law Seminars International, and the American Conference Institute, as well as the law schools at Case Western Reserve and George Washington University. Kevin is a member of the leadership of the ABA's Section of Antitrust Law, currently serving as a contributing editor of the ABA Antitrust Law Journal, and he is a member of the Sedona Conference's Working Group on the Intersection of Patent and Antitrust Law.
Kevin's many published articles include "Antitrust and Baseball: Stealing Holmes" in the Journal of Supreme Court History.
Admitted
Ohio and District of Columbia
Education
Kenyon College (Phi Beta Kappa; A.B. summa cum laude 1975); Case Western Reserve University (Law Review; Order of the Coif; J.D. 1978)
Clerkship
Law Clerk to the Honorable Joseph P. Kinneary, Southern District of Ohio (1978-1980)