Zachary M. Johns

Zak has experience handling complex class action, multi-plaintiff, and single-plaintiff litigation from inception through trial and appeal. As part of his litigation practice, Zak co-chaired an 11-day trial in which he delivered the opening statement and conducted multiday examinations of two key witnesses. In addition, Zak has experience arguing pretrial and midtrial motions in federal court; briefing numerous pretrial motions, including motions to dismiss, for summary judgment, and opposition to class certification in complex cases; and taking and defending fact and expert depositions. Additionally, Zak has worked on class actions and single-plaintiff cases involving allegations of exclusive dealing, tying, monopolization, price-fixing, discrimination, and violations of state antitrust, consumer protection, and business tort laws.

Zak maintains an active pro bono practice. He volunteers for HIAS Pennsylvania, representing asylum applicants and individuals seeking citizenship. For example, Zak represented an asylum applicant from Eritrea who was persecuted on the basis of religion and secured a grant of asylum for the applicant following a trial. Zak also serves on the board of trustees of the nonprofit PYO Music Institute for gifted, young classical musicians. While in law school, Zak worked as a summer intern for Judge Gene E.K. Pratter of the US District Court for the Eastern District of Pennsylvania and participated in a legal clinic representing low-income individuals in family law matters.

Zak’s current litigation matters include:

• Defending a leading vaccine manufacturer against a putative class action alleging Sherman Act Section 2 violations and related state law claims, and in a related matter against claims by purported whistleblowers alleging violations of the False Claims Act
• Defending a generic pharmaceutical manufacturer in a grand jury investigation and follow-on civil litigation regarding alleged price fixing, market allocation, and bid rigging in violation of Sherman Act Section 1 and related state antitrust, consumer protection, and unjust enrichment claims
• Defending a global leader in licensed sports merchandise against multiple putative class actions alleging that it conspired with sports leagues and monopolized online retail distribution for merchandise from those sports leagues
• Defending an agricultural firm against a putative class action alleging that certain trading of futures and options in commodities markets violated Sherman Act Sections 1 and 2 and the Commodity Exchange Act
• Defending a large healthcare provider against a putative class action alleging that the provider and its clinically integrated network of outpatient providers engaged in exclusive dealing, tying, and price fixing in violation of Sherman Act Sections 1 and 2
• Defending a nonprofit arts organization in antitrust litigation alleging that certain practices violated Sherman Act Sections 2 and 7 

Zak’s representative litigation successes include:

• Defended a large technology platform provider in a challenge to acquisition brought by the Federal Trade Commission (FTC) alleging theories of horizontal and vertical harms; resolved litigation on the eve of preliminary injunction hearing so that the transaction could close
• Defended a generic pharmaceutical manufacturer against putative class actions by direct purchasers and end payors as well as opt-out plaintiffs alleging that it entered into a so-called reverse payment with a branded manufacturer; defeated direct purchaser class certification and obtained dismissal of opt-out litigation brought in state court
• Obtained summary judgment in favor of a leading vaccine manufacturer in False Claims Act litigation brought by two whistleblowers alleging laboratory fraud
• Defended a pharmaceutical manufacturer against allegations by the FTC, state attorneys general, and private end payor class actions that it monopolized the market for a brand medication; favorably resolved all claims prior to trial
• Secured a Rule 12 dismissal with prejudice for a cable television and multimedia company against Sherman Act Section 1 conspiracy claims brought by cable installers; dismissal affirmed by the court of appeals
• Secured a Rule 12 dismissal of exclusive dealing and conspiracy claims under Sherman Act Section 1 against a leading managed care provider in Delaware
• Secured a Rule 12 dismissal with prejudice for a manufacturer of aviation products against Sherman Action Section 2 conspiracy to monopolize and various state law antitrust and state law tort claims
• Favorably resolved a Sherman Act Section 1 conspiracy claim and state law antitrust and consumer protection claims for alleged price fixing by putative classes of direct and indirect purchasers against a manufacturer of automotive components
• Secured a Rule 12 dismissal with prejudice of an attempted monopolization claim under Sherman Act Section 2 against a leading transportation network company arising out of the launch of operations in Philadelphia; defended the decision on appeal
• Secured a Rule 12 dismissal with prejudice of exclusive dealing and conspiracy claims under Sherman Act Section 1 against a leading managed care provider in Pennsylvania
• Secured a favorable resolution to claims under Sherman Act Sections 1 and 2 against a leading hospital system arising out of a supposedly exclusive agreement pertaining to advanced cardiac services
• Obtained a dismissal of state law claims brought against a manufacturer of heavy equipment by a terminated distributor in Pennsylvania state court
• Secured Rule 12 dismissals of claims against a manufacturer of gas piping in numerous consumer fraud and product liability class actions in state and federal courts nationwide
• Favorably resolved failure-to-warn and consumer fraud claims against a manufacturer of herbal products after having class allegations stricken from the complaint
• Defended a bottled water manufacturer against claims that bottled water products failed to warn of risks associated with fluoride; the first complaint was dismissed without leave to amend on the basis of federal preemption under the Nutritional Labeling and Education Act
• Represented an aviation parts manufacturer in the defense of a theft of trade secrets claim and in the prosecution of abuse of process and malicious prosecution counterclaims
• Represented multiple companies before the Judicial Panel on Multidistrict Litigation (JPML)

Zak’s representative counseling includes:

• Counsels healthcare providers on antitrust compliance aspects of contemplated transactions
• Counsels multiple brand and generic pharmaceutical manufacturers on antitrust risks from Hatch-Waxman patent litigation settlements, licensing, and other issues
• Counseled a leading branded pharmaceutical manufacturer on litigation risks posed by portfolio of patent settlement agreements
• Counseled online healthcare provider regarding potential antitrust issues related to licensing arrangements with NDA holders
• Counseled multiple companies across a variety of industries on revisions to arbitration provisions related to the enforceability of class action waivers and mechanisms to mitigate the risks of mass arbitration
• Counseled a global specialty chemicals company on potential antitrust issues related to exclusivity arrangements, including evaluation of potential no-poach considerations
• Counseled a technology firm offering software in the automotive sector on potential antitrust risks related to launch of new products and certain other business practices
• Counseled a medical product manufacturer on potential antitrust risks from potential patent settlement agreement
• Counseled a manufacturer of restoration and remediation machines on potential product liability risks and assisted the company in navigating a product recall
• Counseling a manufacturer of electronic scooters on the design of warning labels for product manuals
• Developed risk assessment guidance and drafted warning labels for various manufacturers of consumer products