JonathanBerman

Partner

Washington + 1.202.879.3669

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Jonathan Berman has almost 30 years of experience litigating and trying antitrust cases, class actions, and other complex litigation matters. He focuses on the interplay between civil litigation and the laws administered by the Food and Drug Administration (FDA). Jonathan also has advised clients, on dozens of matters, regarding FDA law and practice.

Jonathan's antitrust docket has included cases involving allegations of product-hopping, pay-for-delay, and price-fixing and government challenges to mergers, exclusive contracts, and a variety of rule-of-reason and monopolization theories. He frequently litigates on behalf of clients in the health care sector. Jonathan has represented, in major litigation, pharmaceutical companies, a drug wholesaler, an insurer, and hospitals.

Other litigation matters have included representing Prince Jefri Bolkiah, a member of the Royal Family of Brunei, in a series of complex litigations against the Brunei government, former advisors, and insurers. In addition, Jonathan argued one of the first litigated motions involving using "predictive coding" of electronic documents.

Jonathan's pro bono activities have included obtaining asylum for numerous immigrants fleeing political oppression. He has served on the Steering Committee of Operation Crackdown, an organization that has assisted neighborhood groups to abate drug nuisance properties in Washington, D.C.

Experience

  • Indivior obtains Third Circuit affirmation of dismissal of RICO, state law claimsOn December 15, 2022, the United States Court of Appeals for the Third Circuit ruled in favor of Jones Day clients Indivior Inc., Indivior Solutions Inc., and Indivior plc.
  • Indivior resolves "product hop" allegations in antitrust class actionJones Day resolved multidistrict litigation brought against Indivior, Inc. Indivior manufactures the prescription drug, Suboxone, which is used to treat opioid addiction.
  • Dr. Reddy's Laboratories successfully resolves antitrust claims alleging "pay-for-delay" pharmaceutical patent settlementJones Day successfully resolved antitrust class action litigation in which plaintiffs alleged that Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. violated antitrust and related laws through the settlement of Hatch-Waxman patent litigation.
  • Dr. Reddy's Laboratories successfully defends against allegations of "pay for delay" in multidistrict antitrust class action litigationJones Day represented Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc. in a multidistrict class action litigation.
  • Dietary supplement manufacturer obtains withdrawal of threatened class action alleging false label claimsJones Day represented a dietary supplement manufacturer who received a draft class action complaint alleging that the manufacturer's products falsely claimed non-existent health benefits.
  • Procter & Gamble defeats class certification in misbranding actionJones Day obtained complete denial of class certification in a putative consumer class action brought against The Procter & Gamble Company in which the plaintiffs alleged that the labeling of Pringles potato crisps is false and misleading.
  • Wilmington Savings Fund Society brings action against Caesars Entertainment Operating Company and related partiesJones Day was retained by Wilmington Savings Fund Society, FSB ("WSFS"), the indenture trustee for the second-priority senior secured notes issued by Caesars Entertainment Operating Company, Inc. ("CEOC"), a subsidiary of Caesars Entertainment Corporation ("CZR").
  • M.I.C. Industries argues motion relating to use of "predictive coding"On behalf of M.I.C. Industries, Inc., Jones Day argued a contested motion regarding the use of "predictive coding" in the production of electronic documents.
  • Prince Jefri Bolkiah of Brunei wins coverage from two insurance companiesJones Day has represented Prince Jefri Bolkiah in his efforts to collect litigation costs from two insurance companies, Tokio Marine and Illinois National (an affiliate of AIG).
  • Prince Jefri Bolkiah, member of Bruneian royal family, pursues claims of fraud and breach of fiduciary duty against two former advisorsJones Day represents Prince Jefri Bolkiah, a member of the royal family of Brunei, pursuing claims of fraud and breach of fiduciary duty against two former advisors of Prince Jefri, Faith Zaman and Thomas Derbyshire, and related parties.
  • Chevron prevails against natural gas price-fixing claimsJones Day successfully defended Chevron Corporation in the District Court for the District of Columbia against antitrust claims brought by 18 municipalities alleging nationwide price-fixing of natural gas.
  • Not-for-profit health care systems defend putative class actions challenging hospitals' tax-exempt statusJones Day represented multiple not-for-profit health care systems in putative class actions challenging tax-exempt status of hospitals due to their uninsured pricing and collections practices.
  • Giant Industries defeats FTC attempt to block merger with Western RefiningIn a rare litigated merger case, Jones Day obtained clearance for its client, Giant Industries, Inc., to proceed with its merger with Western Refining, Inc.
  • Sherwin-Williams resolves antitrust class action litigation involving automotive paint refinishingOn behalf of Sherwin-Williams, Jones Day served as national coordinating and trial counsel in connection with multiple related federal and state class actions alleging price fixing of automotive refinishing paint sold in the U.S.
  • Kmart Creditor Trust obtains settlements from former Kmart officers and auditorsJones Day represented the Kmart Creditor Trust in a series of arbitration proceedings against six executives who led Kmart before it filed for bankruptcy in 2002.
  • Cabot successfully defends carbon black antitrust litigationJones Day served as national coordinating and trial counsel to Cabot Corporation in connection with multiple federal and state antitrust damage cases brought as class actions and alleging price-fixing claims surrounding the sale of carbon black, which is used in a variety of products such as plastics, tires, and printing ink.
  • Clear Channel ends antitrust litigation concerning concert promotion servicesJones Day defended U.S. radio station owner Clear Channel Communications in an antitrust suit claiming violations of Sherman Act and Colorado law based on alleged monopolization of the market for concert promotion services in Denver, Colorado.
  • Indian tribes win interlocutory appeal before Alaska Supreme Court in case involving adoption violationsJones Day lawyers won an interlocutory appeal before the Alaska Supreme Court.
  • Client is reunited with her children and husbandOur client had fled oppression in Eritrea, obtained asylum here, and petitioned for visas that would allow her children and husband to join her.
  • Asylum granted to individual fleeing religious persecutionIn client A's home country, Eritrea, all but four "recognized" religions are banned.
  • Ethiopian client receives asylum after suffering political persecutionAfter a three-year wait, an Ethiopian client received asylum on Tuesday, May 30, 2017.
  • Refugee obtains Board of Immigration Appeals decision granting motion to reopen asylum proceedingsAfter Jones Day client Mr. M refused to join Ethiopia's the ruling party -- and instead publically denounced it -- Ethiopian security forces beat him in front of his family, arrested him, interrogated him, beat him again until he lost consciousness, and threatened to kill him and leave his body for the hyenas.
  • Asylum granted to Ethiopian fleeing political persecutionFor many years, our client had supported and helped organize a political party that peacefully opposes the government of Ethiopia.
  • Asylum granted for Ethiopian victim of political oppressionOur client was an Ethiopian dissident who fled for the United States earlier this year; he had been arrested multiple times, at first by authorities who thought they could find a family member by torturing him.
  • Sandscribe Foundation obtains non-profit exempt statusJones Day assisted the Sandscribe Foundation, a U.S. organization dedicated to equipping and encouraging aspiring filmmakers in Ethiopia, through short-term trips and ongoing course work and by bringing artists and educators from abroad and locally to provide instruction, in obtaining a tax-exempt status ruling from the Internal Revenue Service.
  • Client granted "nunc pro tunc" asylumOur client, an immigrant from Ethiopia, was granted "nunc pro tunc" asylum status yesterday.
  • Factual findings of the IJ and the BIA are successfully challengedOur clients are citizens of Tanzania.
  • Ethiopian client wins U.S. asylumJones Day Washington obtained a grant of asylum for an Ethiopian man who had been imprisoned and savagely beaten because he was an organizer for an opposition political party in Ethiopia.
  • Yemeni client receives U.S. political asylumJones Day's Washington Office successfully obtained asylum for client A.F. before the Immigration Court in Arlington, Virginia.
  • Ethiopian client wins U.S. political asylumOn May 22, 2007, Jonathan Berman and James McOmber of Jones Day Washington secured asylum status for a client fleeing persecution in Ethiopia.
  • Ethiopian client wins U.S. political asylumOn November 27, 2006, Jonathan Berman and James McOmber of Jones Day Washington secured asylum status for a client fleeing persecution in Ethiopia.
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    December 2023 Reprint

    FDA's Recent Litigation Records Are Strong, But Imperfect (Law360)

    November 2022 Commentary

    FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

    April 2021 Commentary

    FTC Notches Win in Fifth Circuit Reverse Payment Patent Settlement Case

    October 2018 Alert

    Antitrust Alert: New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities

    May 2017 Jones Day Publications

    FDA Issues Further Guidance Related to FSVP

    May 2017 Jones Day Publications

    FDA Postpones Menu Labeling Rule Again

    May 2017 Jones Day Publications

    United States and Australia: Comparable Food Safety Systems

    June 27, 2016 External Publications

    Ranbaxy: Court Recognizes Fraud-On-The-FDA Antitrust Claim, Law360

    November 2015 Alert

    FDA Publishes Three Major FSMA Final Rules

    June 2015 Alert

    FDA Finds that Artificial Trans Fats Are Unsafe
    View All

    Additional Publications

    • November 2019
      Getting Biosimilars to Market, Patent and Antitrust Perspectives

    Speaking Engagements

    • May 4, 2017
      Food and Dietary Supplement Class Action Litigation in a World of Less Regulation, panelist, FDLI Annual Conference
    • March 3, 2017
      Pharmaceutical Antitrust Litigation Conference: Generic Drugs & Emerging Price-Fixing Cases -- Speaker on panels regarding price-fixing cases, "product hop" claims.
    • September 15, 2016
      Food and Drug Law Institute, Food Advertising, Labeling, and Litigation Conference. Recurring Issues in Food Labeling Litigation
    • July 26, 2016
      Product-Hopping in the Pharmaceutical Industry: Antitrust Issues to Watch for in 2016
    • February 25, 2016
      2016 Executive Roundtable Series – The 3 a.m. Issue: From Data Breaches to Hurricanes, Legal Strategies for Protecting Your Company by Preparing for, Insuring Against, and Responding to Catastrophic Risks
    • April 30, 2013
      Live interview by Tom Temin regarding the Center for Food Safety litigation and the FDA's roll-out of Food Safety Modernization Act (FSMA) regulations, Federal News Radio
    • April 16, 2013
      The Caronia case, Mark Twain, and Off-Label Promotion, FDA's Off-Label Information: A 2013 Update

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