David Kiernan is Partner-in-Charge of the Firm’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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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. (...)
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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 (...)
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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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