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 Co-Client Affairs Partner for the Firm. David represents clients across industries, with a particular focus on high-tech, energy, and health care, in litigation, arbitrations, and government investigations. He has extensive experience litigating antitrust and unfair business practice cases (including California's UCL, Bus. & Prof. Code § 17200, and Consumer Legal Remedies Act [CLRA]), fraud, class actions, partnership and joint venture disputes, and bankruptcy. He has litigated cases across the United States and argued before the Ninth Circuit and California Court of Appeals.

David's recent matters include representing a hospital system in a class action and action by the California Attorney General alleging tying and monopolization; a refiner in a price-fixing class action; a railroad company in a wage fixing case; a digital advertising company in a case alleging below cost pricing; a software company against a competitor challenging licensing and lack of interoperability; two high-tech companies challenging no-poach agreements; 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 an energy company in an ICC arbitration involving antitrust and Section 16600 claims. David also counsels clients on antitrust and competition law issues, including interoperability, discounting, bundling, and pricing.

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

Experience

  • Sutter Health defends antitrust suitsJones Day represents Sutter Health in two antitrust suits brought by putative classes alleging that Sutter has conspired to violate the state and federal antitrust laws with respect to Sutter's provision of health care services in Northern California.
  • 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.
  • Aetna wins dismissal of antitrust litigationJones Day won dismissal of an antitrust case brought by four diagnostic testing laboratories alleging that Aetna Inc. and other healthcare payers had entered unlawful exclusive dealing arrangements with Quest Diagnostics.
  • 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.
  • Jones Day prevails before United States Court of Appeals for the Ninth Circuit: Prisoners’ Establishment Clause Claim allowed to proceedA Jones Day team of lawyers, led by David Kiernan and Thomas Ritchie, along with co-counsel Barbara McGraw, prevailed before the United States Court of Appeals for the Ninth Circuit. 
  • 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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