John Lombardo represents plaintiffs and defendants in complex commercial litigation in state and federal courts, as well as in arbitrations. He has experience handling all stages of litigation, including through jury trial as lead trial counsel. His practice has encompassed a broad range of business litigation but focuses on antitrust, consumer protection, unfair competition (including Business and Professions Code section 17200), trade secret, franchise, and contract disputes. He has extensive experience defending class and representative suits and in litigation involving non-US parties. His clients include consumer and pharmaceutical product manufacturers, an international oil company, a national television programming network, insurance companies, and a leading national convenience store chain.
Mr. Lombardo served by appointment a three-year term on the State Bar of California's Committee on Administration of Justice. The Committee studies and reports recommendations on proposed changes in civil procedure, court rules and administration, rules of evidence, and other matters impacting the administration of justice in the civil courts.
Litigation Representative Matters
- Defending a major oil company in mass actions filed by its gas station and convenience store franchisees regarding the performance of a point-of-sale and back-office accounting system, wholesale gasoline pricing, and selection of third-party vendors.
- Representing the seller of a pharmaceutical business in a post-acquisition contract and business tort dispute relating to the payment of earn-outs on the sale.
- Representing a liability insurer in connection with hundreds of concussion-related claims brought by former NFL players against a football helmet manufacturer.
- Represented a live event video production company in trade secret and corporate raiding (of assets and employees) litigation against its former president and his new competing venture.
- Defended a pest management company in arbitration of trade secret and breach of contract claims involving alleged misappropriation of proprietary pest control technology.
- Represented a clinical-trial contract research organization in multijurisdictional litigation with a competitor involving an employee's compliance with a covenant not to compete, alleged trade secret misappropriation, and unfair competition.
- Defended a national convenience store chain in putative consumer class actions alleging it failed to warn about the risks of alcoholic energy drinks.
- Represented a liability insurer in connection with hundreds of childhood sexual abuse claims against a Roman Catholic diocese (see Travelers Cas. & Surety Co. v. Superior Court, 126 Cal. App. 4th 1131 (2005)).
- PharmaRx v. General Electric. As counsel to GE, obtained dismissal under Rule 12 of a putative class action challenging alleged exclusive dealing agreement between GE and one of its distributors of radiopharmaceuticals.
- Defending a national television network against a Sherman Act section 1 case brought by a putative nationwide class of cable and satellite TV subscribers who allege that the sale of programming in bundled "tiers" of channels, rather than a la carte, is an unlawful restraint of trade (see Brantley v. NBC Universal, Inc., 649 F.3d 1078 (9th Cir. 2011)).
- Represented a marketing services company in a "tying" case against its leading competitor under California's Cartwright Act, Unfair Practices Act, and Unfair Competition Law .
- Defended a computer memory chip manufacturer in public and private (including class) actions alleging an industry-wide price-fixing conspiracy under federal and state antitrust laws.