David C.Kiernan

Partner-in-Charge Northern California

San Francisco + 1.415.875.5745 Silicon Valley + 1.650.739.3917

David Kiernan is an accomplished trial lawyer who has litigated antitrust and unfair business practice cases, class actions, public nuisance, climate change, joint venture disputes, and bankruptcy matters throughout the United States. He has represented clients in the tech, energy, health care, consumer brand manufacturing, digital advertising, and railroad industries and routinely counsels clients on antitrust and competition law issues related to licensing, interoperability, refusal to deal, discounting, bundling, and pricing.

David recently led the defense of Sutter Health, a hospital system in Northern California, in an antitrust class action alleging that Sutter restrained competition by allegedly forcing insurers to include certain hospitals in their provider networks and forbidding them from steering patients to other hospitals. After a month-long trial, the jury returned a unanimous defense verdict and rejected plaintiffs' claims for $1.2 billion in post-trebled damages. In addition, David led the defense of Marathon Petroleum in obtaining summary judgment in an antitrust class action in which plaintiffs alleged that Marathon and other major refiners conspired to reduce supply and thus inflate the price of gasoline and sought $72 billion in treble damages.

His other recent matters include representing the American Bankers Association in an antitrust class action challenging standard setting for financial identifiers; a tech company in a class action challenging licensing restrictions and lack of interoperability; a consumer brand manufacturer in a public nuisance action seeking to hold manufacturers liable for marine plastic pollution; and a fossil fuel company in climate change litigation. David also has a wealth of experience in antitrust class actions alleging "no-poach" agreements between competing employers.

David is also head of litigation for the San Francisco Office.

Experiencia

  • Sutter Health wins complete defense verdict in landmark antitrust class actionJones Day won a complete defense jury verdict for Sutter Health in a landmark antitrust class action seeking $1.2 billion in treble damages.
  • Consumer products company defends lawsuit claiming marine plastic pollutionJones Day is defending a consumer products company in a lawsuit alleging the client and several other companies named as defendants, are responsible for marine plastic pollution because they (1) use plastic packaging rather than more environmentally friendly and sustainable materials and (2) misrepresent in their labeling and advertising that their packaging is recyclable when (they allege) it is not because of the lack of adequate recycling facilities.
  • Synopsys wins $30 million jury verdict and obtains permanent injunction in software IP actionAfter a two-week trial, Jones Day obtained a $30.4 million jury verdict on behalf of Synopsys, Inc. on its copyright infringement claim against ATopTech, Inc. Synopsys is a leader in electronic design automation (EDA) software.
  • 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.
  • Wabtec settles antitrust class action regarding employee recruiting practicesJones Day defended Wabtec Corporation and settled an antitrust class action.
  • Intuit defends against employee compensation antitrust class actionJones Day client Intuit Inc. successfully settled an antitrust class action brought on behalf of individuals employed by several technology companies alleging conspiracy to fix and suppress employee compensation by entering into non-solicitation agreements.
  • Intuit obtains dismissal of antitrust lawsuit surrounding bilateral agreement regarding recruiting practicesJones Day client Intuit Inc. obtained dismissal of a putative class action alleging that Intuit and co-defendant eBay Inc. agreed not to solicit or hire each other's employees in violation of federal and California antitrust laws.
  • 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.
  • Sony settles antitrust class action involving employee compensationJones Day defended Sony Pictures Entertainment Inc. and settled an antitrust class action brought on behalf of a nationwide class of current and former employees of several film animation companies alleging the defendants entered into a conspiracy to suppress employee compensation through non-solicitation agreements and sharing compensation information.
  • 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.
  • 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.
  • 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.
  • 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. 
  • Ponencias

    • 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