David C.Kiernan

Partner-in-Charge Northern California

San Francisco + 1.415.875.5745 Silicon Valley + 1.650.739.3917

David Kiernan is Partner-in-Charge of the Firm's Northern California Region and head of litigation for the San Francisco Office. He also serves as one of the two Client Affairs Partners for the Firm. He represents domestic and foreign clients across industries, with a particular focus on high-tech, energy, and health care, in high-stakes litigation, arbitrations, and government investigations. He has extensive experience litigating antitrust and unfair business practice cases (including under California's UCL, Bus. & Prof. Code § 17200 et seq., and Consumer Legal Remedies Act [CLRA]), fraud, consumer class actions, disputes involving complex financial transactions, and bankruptcy. He has litigated cases throughout the U.S. and has argued before the Ninth Circuit and California Court of Appeals.

David's recent matters include representing a refiner in a price-fixing class action; a health care provider in federal and state class actions alleging tying and market leveraging; a software company against a competitor involving claims of tying and monopolization; two high-tech companies in an antitrust class action where plaintiffs sought more than $9 billion; a high-tech company in a $1 billion antitrust class action, which resulted in a defense verdict; a health insurance company against federal and state competition law claims and obtaining a dismissal with prejudice; an energy company in an ICC arbitration involving antitrust and Section 16600 claims; various Kuwaiti entities in disputes arising out of foreign investments; and foreign investment funds in clawback actions seeking more than $3 billion.

David also devotes a significant amount of time to pro bono work.

Experience

  • 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.
  • 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.
  • 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.
  • 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.
  • Federated Department Stores defends against breach of contract and trade secret misappropriation chargesOn behalf of Federated Department Stores, Inc., Jones Day defended an action alleging breach of contract and trade secret misappropriation in connection with the design, installation, and operation of supervised activity centers in client's retail locations.
  • Mariner Health Care appeals dismissal of $400 million accounting fraud lawsuit in Georgia state courtJones Day is representing Mariner Health Care, Inc. in asserting claims for fraud and breach of fiduciary duty against individual defendants and claims for fraud, professional negligence, negligent misrepresentation, and aiding and abetting breach of fiduciary duty against a Big Four accounting firm arising out of the false financial statements of an acquired company.
  • CipherTrust resolves trademark and unfair competition claim against CyberTrustJones Day represented CipherTrust, Inc. in a trademark and unfair competition claim, which involved a bench trial in 2005.
  • 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.
  • KeyBank, as lender, sells five apartment communities in foreclosureJones Day represented KeyBank National Association, as lender, in connection with the foreclosure and disposition of five apartment communities.
  • 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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