Sergio A. Tostado

Partner

Dallas + 1.214.969.3729

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Sergio Tostado is a litigator who represents companies facing significant litigation, regulatory, and enforcement challenges. His practice focuses on complex commercial disputes and in helping clients navigate high-stakes matters involving government regulators, including investigations and litigation brought by state attorneys general, the Department of Justice, and other federal and state agencies.

Sergio has extensive experience defending some of the nation's largest companies in bet-the-company litigation and regulatory proceedings. He advises clients facing government scrutiny, conducts internal investigations, and assists companies in assessing and enhancing compliance programs designed to mitigate regulatory risk. His work spans a wide range of industries, with particular experience in health care, pharmaceuticals, energy, and consumer products. Sergio's representations include the successful defense of a prominent insurance company in a nationwide RICO class action, the defense of a major retailer in a series of matters involving the sale and distribution of controlled substances, and the defense of a global energy company in litigation brought by the Kentucky Attorney General alleging violations of the state's price-gouging statute.

Sergio maintains an active pro bono practice. He obtained a favorable ruling in an asylum proceeding and has assisted immigrant children in obtaining lawful status. He was also a key member of the team that successfully represented a death row inmate in his habeas corpus appeal before the Tenth Circuit Court of Appeals.

Sergio is also active in the community. He is on the executive board of the Longhorn Council for Scouting America and serves as a pack leader and district chairman for the organization.

Experience

  • Insurance company obtains full victory in nationwide putative class actionJones Day secured a full victory for a large national insurance company and several affiliated entities in a nationwide putative class action asserting RICO fraud claims and wage and hour claims in connection with the client’s design and operation of several independent contractor agent programs
  • FirstEnergy lands Ohio Supreme Court victory in appeal over energy efficiency programsJones Day represented FirstEnergy Corp. and its three Ohio utilities, Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company, in regulatory proceedings before the Public Utilities Commission of Ohio ("PUCO") in connection with FirstEnergy's energy efficiency and peak demand reduction portfolio plans.
  • Marathon Petroleum and Speedway successfully settle lawsuit alleging violations of Kentucky's price gouging statuteJones Day settled on favorable terms, and obtained dismissal of clients Marathon Petroleum Company and its affiliate, Speedway LLC, a lawsuit brought by the Kentucky Attorney General.
  • Cabell cleared to acquire St. Mary's following dismissal of FTC antitrust lawsuit to block transactionAfter a nearly two-year fight with the U.S. Federal Trade Commission, Cabell Huntington Hospital, Inc. has overcome all regulatory hurdles to its acquisition of St. Mary’s Medical Center, Inc., clearing the way to combine Huntington, West Virginia’s only two health systems.
  • Cable company wins favorable U.S. Supreme Court ruling denying plaintiff’s "sham litigation" appealThe U.S. Supreme Court on April 23, 2018, denied the request of a Puerto Rican telecommunications company to hear the appeal of its claims against Jones Day client San Juan Cable, a subsidiary of Liberty Global (the world's largest international TV and broadband company), bringing an end to the long-running antitrust case. 
  • Insurance company obtains dismissal in putative class actions asserting Medicare secondary payer claimsJones Day obtained dismissals on behalf of an insurance company in two related putative class actions brought in the Southern District of Ohio alleging liability under the Medicare Secondary Payer provision of the Medicare Act.
  • Experian secures summary judgment in lawsuit challenging adequacy of credit reporting systemJones Day successfully represented Experian Information Solutions, Inc. in a case brought in the Eastern District of Kentucky alleging liability under the Fair Credit Reporting Act (“FCRA”).
  • Honduran woman obtains asylum in contested immigration caseJones Day represented pro bono a woman from Honduras in connection with the Firm’s Laredo Project.
  • LeBaronBrown Industries invests in Charkit Chemical CompanyJones Day advised LeBaronBrown Industries, LLC in connection with its investment in Charkit Chemical Company, LLC, a supplier of specialty chemicals for the personal care and aroma, food and food additives, imaging and photographic, pharmaceutical, and metal and water treatment industries, among others.
  • Experian resolves putative class action lawsuit over permissible purpose provision of FCRAJones Day represented Experian Information Solutions, Inc. in a putative data privacy class action brought by plaintiffs attempting to certify a class of more than 100 million consumers.
  • Experian resolves putative class action over misuse of sensitive credit data by debt relief businessJones Day represented Experian Information Solutions, Inc. in a putative data privacy class action brought by consumers alleging that Experian failed to take proper precautions to safeguard their personal credit data from an individual in Florida who had engaged in a massive fraud.
  • Custodial bank successfully defends against Department of Justice pay-to-play investigationJones Day successfully represented a custodial bank in a Department of Justice investigation involving pay-to-play allegations related to the bank's contract with a state treasurer to hold billions of dollars in public pension assets.
  • STERIS defeats FTC's attempt to block Synergy Health acquisition on antitrust groundsIn a rare litigation defeat against the Federal Trade Commission, Ohio based STERIS Corporation prevailed against an antitrust challenge brought in federal court by the FTC, which sought to block STERIS's proposed $1.9 billion acquisition of Synergy Health plc.
  • Academic medical center secures Sixth Circuit victory affirming dismissal of False Claims Act actionJones Day obtained a Sixth Circuit decision affirming the dismissal of a False Claims Act action and several state law claims brought against an academic medical center, a surgeon, and other employees of the hospital.
  • Death row inmate secures writ of habeas corpus from Tenth Circuit Court of AppealsOn June 14, 2013, the United States Court of Appeals for the Tenth Circuit ordered the United States District Court for the Eastern District of Oklahoma to issue a writ of habeas corpus to the Oklahoma state courts for David Magnan.
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    Additional Speaking Engagements

    • November 11, 2013
      Jones Day hosts LCLD Group Mentoring Sessions for first year law students at Ohio State University and Capital Law School
    • January 23, 2013
      Jones Day Columbus coordinates and presents LCLD Group Mentoring Meeting at Ohio State University Moritz College of Law

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