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 across industries including tech, energy, health care, consumer brand manufacturing, digital advertising, railroad, and others 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.
His other recent matters include representing an oil refiner in two class actions alleging that California refiners fixed prices by agreeing to restrict supply of gasoline; a software company in a case brought by a competitor challenging licensing restrictions and lack of interoperability; a tech company in an antitrust class action challenging the company's refusal to deal; 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 Partner-in-Charge of the Firm's Northern California Region and head of litigation for the San Francisco Office.
- 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
- 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)
Daily Journal: "Top Antitrust Lawyers in California" (2020) and "Top 100 Lawyers in California" (2020)
- Law Clerk to the Honorable Norman H. Stahl, United States Court of Appeals, First Circuit (2002-2003)
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