Jones Day (San Francisco)

David Kiernan

Jones Day (San Francisco)

David Kiernan is Partner-in-Charge of Jones Day’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.

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903 Bulletin

David Kiernan, Craig E. Stewart, Darren K. Cottriel, Lin W. Kahn, Catherine T. Zeng The US Court of Appeals for the Ninth Circuit clarifies class certification standards in an antitrust appeal (Olean Wholesale Grocery / Bumble Bee Foods)


The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members were injured. On April 6, 2021, in Olean Wholesale Grocery Coop. v. (...)

Catherine E. Livingston, James Lenahan Poth, Aimee E. DeFilippo, Kenneth W. Field, Michael A. Gleason, Lisa Han, David Kiernan, Margaret A. Ward The US Congress passes the Competitive Health Insurance Reform Act limiting the antitrust exemption available to companies under the McCarran-Ferguson Act


In Short The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an exemption from the federal antitrust laws, as it relates to the (...)

Julia E. McEvoy, David Kiernan, Bruce McDonald, Craig A. Waldman, Margaret A. Ward, Marc Siegel The US DoJ brings criminal charges for wage-fixing on therapist staffing companies (Neeraj Jindal)


The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment (...)

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