David Kiernan is Partner-in-Charge of the Firm's Northern California Region, the Administrative Partner of the California Region, and head of litigation for the San Francisco Office. 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.
Adobe Systems resolves recruiting antitrust litigation
Jones 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 claims
Jones 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 region
Jones 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 activities
Jones 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. investments
Jones 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 Corporation
Jones 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 charges
On 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 court
Jones 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.
Cumulus Media defends against dispute involving broadcast rights and allegations of trademark and antitrust violations
Jones Day defended Cumulus Media Inc., an owner of radio stations, in a dispute involving broadcast rights and allegations of trademark and antitrust violations.
JOQ/FPC National Alliance 2000 defends against litigation arising out of Texas and Georgia real estate investments
Jones Day represented the partnership and affiliates of JOQ/FPC National Alliance 2000, Ltd. in a dispute arising out of real estate investments in Texas and Georgia with allegations of breach of contract, fraud, and breach of fiduciary duty.
CipherTrust resolves trademark and unfair competition claim against CyberTrust
Jones 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 California
Jones 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 foreclosure
Jones Day represented KeyBank National Association, as lender, in connection with the foreclosure and disposition of five apartment communities.
Cummins prevails in defective product and breach of warranty action
Jones Day successfully defended engine manufacturer Cummins Inc. in a defective product and breach of warranty action.
- Fall 2013Indirect Purchaser Standing Under California Antitrust Law and Federal Antitrust Law, Competition, The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol. 22, No. 2
- September 2013Indirect Purchaser Standing Under California Antitrust Law and Federal Antitrust Law, The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Competition Vol. 22, No. 2
- January 21, 2010Authenticating Web Pages as Evidence, Law.com (highlighted by the Wall Street Journal's legal website)
- January 2010‘Voodoo Information’: Authenticating Web Pages In Federal Court, Internet Law & Strategy, (Read the article)
- October 2009Text Messaging: The Next Advertising Frontier Requires Counsel to Proceed With Caution, The Corporate Counselor
- 2006Chapter 8: Privilege, Understanding the New E-Discovery Rules, Defense Research Institute
- September 18, 2013The E-Discovery Cost Saving Solutions: The New Drivers for Efficiency and Spending Less
- January 31, 2013Ethics Privilege, and e-Discovery, Jones Day MCLE University
- University of California, Hastings College of the Law (J.D. magna cum laude 2001; Order of the Coif); Yale University (B.A. 1994)
- California and Georgia
- Chambers USA: America's Leading Lawyers for Business (2017, recognized practitioner)
- Law Clerk to the Honorable Norman H. Stahl, United States Court of Appeals, First Circuit (2002-2003)