Jeffrey R.Johnson (Jeff)

Partner

Washington + 1.202.879.7684

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Jeff Johnson focuses on appellate advocacy and complex litigation. He has drafted briefs before the Supreme Court and the United States Courts of Appeal in a host of substantive areas — including the Contracts Clause, the First Amendment, pharmaceutical preemption, patent law, environmental law, housing law, employment discrimination, municipal bankruptcy, and the Telephone Consumer Protection Act.

Jeff served as the principal draftsman of the joint petitioners' briefs in ACA International v. FCC, a successful statutory challenge brought by Sirius XM and others to the Federal Communications Commission's 2015 Declaratory Ruling regarding the TCPA. He also coauthored the briefs defending the City of Detroit's historic municipal bankruptcy before the U.S. Court of Appeals for the Sixth Circuit. Most recently, he helped draft Merck's petition for certiorari from a decision allowing hundreds of failure-to-warn claims to proceed.

Jeff also has handled significant pro bono matters, including briefing and oral argument before the Sixth Circuit in a challenge to a murder conviction.

Experience

  • Major public company obtains injunction against unconstitutional administrative adjudications within Department of JusticeOn behalf of a major public company, Jones Day obtained a precedent-setting injunction to stop administrative proceedings within DOJ that were being conducted by an administrative law judge ("ALJ") who is unconstitutionally shielded from the President's supervision.
  • Experian secures victory in Ninth Circuit, allowing company to arbitrate caseExperian Information Solutions, Inc., represented by Jones Day, successfully persuaded the Ninth Circuit to send a putative class action to arbitration.
  • Coal companies prevail in Supreme Court battle over EPA's powerIn a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Day's client, the North American Coal Corporation, by reversing a D.C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions.
  • Organon defeats failure-to-warn claims in Fosamax® litigationOrganon & Co., represented by Jones Day, recently prevailed against hundreds of plaintiffs claiming that Merck Sharp & Dohme Corp. (Organon's predecessor in interest) failed to warn them about the risk of developing so-called "atypical femoral fractures" when using Fosamax® to prevent and treat osteoporosis.
  • LowerMyBills wins appellate victory in arbitration caseJones Day secured a significant appellate victory in the Ninth Circuit for the Firm's client LowerMyBills ("LMB") Mortgage Services, Inc.
  • Pro bono client secures remand in 7th Circuit appeal raising Administrative Procedure Act and Constitutional claimsJones Day, appointed as pro bono counsel by the U.S. Court of Appeals for the Seventh Circuit, represented a prison inmate in his appeal.
  • U.S. Chamber of Commerce convinces Seventh Circuit to narrow scope of TCPAJones Day's client the U.S. Chamber of Commerce, as amicus curiae, successfully convinced the U.S. Court of Appeals for the Seventh Circuit to narrow the scope of the Telephone Consumer Protection Act ("TCPA").
  • Hilton Grand Vacations Company secures groundbreaking Eleventh Circuit victory in TCPA litigationJones Day client Hilton Grand Vacations Company (HGV) secured a groundbreaking Eleventh Circuit victory regarding the scope of the Telephone Consumer Protection Act.
  • Paul Klemm obtains Supreme Court victory in statute-of-limitations case with wide-ranging implicationsJones Day represented the Respondent, Paul Klemm, in his recent Supreme Court victory.
  • SiriusXM successfully defends lawsuit relating to trial subscribers' contact informationJones Day successfully defended and obtained affirmance on behalf of Sirius XM Radio Inc. in a putative class action alleging violations of the Driver's Privacy Protection Act ("DPPA").
  • Merck obtains unanimous Supreme Court ruling in Fosamax® product liability caseJones Day represented Merck Sharp & Dohme Corp. in its unanimous win before the Supreme Court in a product liability case involving Merck's prescription medicine Fosamax®.
  • SiriusXM Radio prevails before D.C. Circuit in challenge to TCPA orderOn March 16, 2018, the D.C. Circuit unanimously ruled in favor of Jones Day’s client Sirius XM Radio Inc. in its challenge to the Federal Communications Commission’s order interpreting the Telephone Consumer Protection Act.
  • Abercrombie & Fitch argues in front of U.S. Supreme Court in Title VII religious accommodation caseJones Day represented Abercrombie & Fitch Co. in a Title VII case before the Supreme Court of the United States involving the standards for religious accommodation claims.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Business associations file amicus brief in Supreme Court case about notice-and-comment rulemakingOn behalf of the Chamber of Commerce of the United States, the American Fuel and Petrochemical Manufacturers, the American Health Care Association, the Business Roundtable, the National Association of Manufacturers, and the Securities Industry and Financial Markets Association, Jones Day filed an amicus brief in the Supreme Court of the United States asking the Court to restrain agencies' ability to avoid notice-and-comment rulemaking.
  • DIRECTV's distributors win Federal Circuit appeal affirming their patent-exhaustion victory on summary judgmentOn behalf of DIRECTV, LLC, Jones Day successfully argued an appeal before the United States Court of Appeals for the Federal Circuit, which affirmed a grant of summary judgment based on the patent-exhaustion doctrine in favor of four distributors of equipment for receiving DIRECTV satellite-television broadcasts.
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    December 2023 Alert

    New FCC Rule Affects Consumer Consent for Robocalls and Robotexts

    April 2021 Alert

    U.S. Supreme Court Clarifies TCPA's Definition of "Autodialer"

    July 2020 Reprint

    Hot Topics In TCPA Litigation After Barr v. American Association of Political Consultants (U.S. Chamber Litigation Blog)

    January 2020 Commentary

    Eleventh Circuit Reins in TCPA Liability

    December 2019 Commentary

    Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

    May 2019 Commentary

    Supreme Court Sides with Merck in Unanimous Fosamax® Product-Liability Decision

    March 2018 Jones Day Publications

    Back to the Statute: D.C. Circuit Levels the TCPA Playing Field

    September 2015 Commentary

    Phishing for Corporate Dollars: The Emerging Global Threat Posed by Spear Phishing and Business Email Compromise

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