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John R. Foote



John Foote is an experienced commercial litigator who focuses his practice on competition law, including counseling on day-to-day business issues and litigating high-stakes antitrust cases.

What do you focus on?

My practice is concentrated in three primary areas—competition law, class action defense and other complex commercial litigation.

Competition Law

I counsel clients with respect to their daily business practices, distribution systems and proposed collaborations with competitors, advising on issues ranging from resale price maintenance and other pricing policies to joint ventures. I defend companies sued for price-fixing, concerted refusals to deal, predatory pricing, exclusive dealing and monopolization, and I recently helped a major corporation recover overcharges it paid to an international price-fixing cartel.

Class Action Defense

I defend clients against class actions, and I served on a defense steering committee in a multidistrict litigation involving more than 50 cases and forty defendants. Recently, I successfully opposed certification of a consumer class both in the trial court and on appeal.

Complex Commercial Litigation

I assist clients in complex commercial litigation matters involving insurance, breach of contract, tortious interference and other business disputes. I served as national counsel for a major reinsurer, coordinating the defense of lawsuits throughout the United States seeking coverage under a unique type of insurance policy.

What do you see on the horizon?

I see a continually increasing risk to foreign companies with global product distribution resulting from aggressive, coordinated global enforcement of competition laws by regulators in the United States, the European Union and other countries throughout the world.

Publications

  • “5 Lessons from Clorox Antitrust Case,” Competition Law 360, March 12, 2015
  • “Monopsony and Predatory Bidding in the Lumber Industry: The Weyerhaeuser Cases (2007),” published as Case 9 in The Antitrust Revolution: Economics, Competition, and Policy (6th ed. 2013) (co-author)
  • “Resale Price Maintenance After Leegin: Defense Perspective” The Journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, Vol 22, No.2, Fall 2013
  • “Resale Price Maintenance: Per Se Antitrust Treatment Alive in the States,” WLF Legal Backgrounder, October 19, 2012 (co-author)

7th Circ. Agrees With FTC That Size Doesn’t Matter

Law360 | September 28, 2016

San Francisco commercial litigation partner John Foote authored this column about the Seventh Circuit Court of Appeals’ recent reversal of a decision regarding discrimination with respect to retail package sizes.

5 Lessons from Clorox Antitrust Case

Law360 | March 12, 2015

San Francisco Commercial Litigation partner John Foote and associate Blaire Stokes authored this column discussing the impact of the first court decision to allow a claim under the Robinson-Patman Act for discriminating between customers with respect to package size.

Antitrust Opt Outs Open Doors for Defense Lawyers

The Recorder | September 19, 2014

San Francisco Commercial Litigation partner John Foote is quoted in this article about law firms taking on more antitrust plaintiff cases.

Contact

John R. Foote

Partner

San Francisco

Phone: 415-984-8326


Fax: 866-279-4883

University of Michigan Law School, J.D., magna cum laude

The University of Detroit, M.A.

University of Rochester, B.A.

California

John has been recognized as a "Super Lawyer" by the publishers of the Northern California Super Lawyers magazine since 2009. Inclusion in Super Lawyers is based on a peer-review survey. John has also received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.

Managing Partner, San Francisco Office, Thelen Marrin Johnson & Bridges, 1992-93
Executive Committee of Antitrust & Trade Regulation Section of California State Bar (1987 - 1990)
Corporate Counseling Committee of Antitrust Section of American Bar Association (1986 to 1990)
Associate Editor, Michigan Law Review (1979-80)
Order of the Coif
California Bar Association (Antitrust & Trade Regulation Section)
American Bar Association (Antitrust Section)
Bar Association of San Francisco

Charitable/Civic Associations

Board of Directors of Legal Aid Society of San Francisco (1992 to present)
Board of Directors of UCSF Foundation (1992 to 1998)
Board of Directors of Family House, Inc. (1986 to present)
Treasurer, Family House, Inc. (1987 to 1997)
President, Family House, Inc. (1997 to 2002)

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