Jason McKenney is a senior litigation associate in the Dallas office of Gibson, Dunn & Crutcher. Mr. McKenney has handled a wide assortment of antitrust, intellectual property, securities, and general litigation matters, with particular expertise in managing complex pharmaceutical industry litigation and commercial class actions. He has practiced in federal district and appellate courts across the country.
Mr. McKenney has been involved in a variety of trial proceedings, including arguing in support of a motion for summary judgment seeking dismissal of over $500 million in damages claims in the widely-publicized In re Processed Egg Products Antitrust Litigation. In addition, Mr. McKenney has prepared expert witnesses to provide live testimony at case-dispositive evidentiary hearings in both Eggs and the landmark pharmaceutical False Claim Act case Amphastar Pharmaceuticals, Inc. v. Aventis Pharma S.A.. With respect to his appellate work, Mr. McKenney has practiced before the Third and Federal Circuit courts of appeals, as well as the Supreme Court of Texas.
- Counsel for Allergan in antitrust actions asserting novel “product switching” or “product hopping” theory brought by generic pharmaceutical manufacturer and direct purchaser class in the District of Delaware. Responsible for development and execution of overall case strategy. Managed offensive and defensive fact and expert discovery teams. Took and defended depositions of 10 fact and expert witnesses. Settled generic manufacturer suit on terms favorable to the client before summary judgment.
- Counsel for Cal-Maine Foods, the largest shell egg producer in the United States, in highly complex federal and state multi-district litigation antitrust class actions, involving direct purchaser, indirect purchaser, and direct action plaintiff claims and coordination with a large number of co-defendants. Successfully defeated certification of indirect purchaser class and settled with direct purchaser class on terms favorable to the client before class certification stage. Persuaded court to apply the Rule of Reason to remaining claims at forthcoming trial.
- Counsel for Sanofi Aventis in antitrust and False Claims Act lawsuit alleging misrepresentations to the United States Patent & Trademark Office in connection with the blockbuster drug Lovenox®. Member of trial team for hearing on jurisdiction and responsible for pre and post-hearing merits briefing. Court dismissed case for want of jurisdiction and found that opposing counsel committed sanctionable conduct at trial.
- Counsel for AT&T in connection with the company’s successful $48 billion acquisition of DirecTV and potential acquisition of TimeWarner.
- Counsel for 3M in federal antitrust and patent infringement litigations involving antitrust claims related to 3M’s standard-setting activities. Obtained successful settlement of all claims on the eve of summary judgment.
- Counsel for Mary Kay in class action litigation in California involving allegations of common law fraud and consumer protection law violations. Forced named plaintiff to voluntarily dismiss claims after challenging an improper relationship between the plaintiff and class counsel and potentially fraudulent statements to court.
- Counsel for Belo and members of the board of directors in Texas and Delaware state court litigation asserting breach of fiduciary duty in connection with the sale of the company. Completed preliminary injunction discovery with plaintiff declining to file motion to enjoin merger.
- Counsel for PriceWaterhouseCoopers Canada in federal securities class action brought under the PSLRA in the Southern District of New York. Authored class certification opposition and matter settled on favorable terms prior to issuance of class certification decision.
- Counsel for one of the largest U.S. apparel and home furnishings retailers in federal securities investigation and related class action brought under the PSLRA in the Eastern District of Texas.
- Counsel for Biovail Corp. in federal and state antitrust class action lawsuits alleging patent-related monopolization and conspiracy claims relating to blockbuster drug Wellbutrin XL® in the Eastern District of Pennsylvania.
- Counsel for Novo-Nordisk in federal class action antitrust suit asserting patent-related monopolization claims in federal court in Minnesota and Michigan.
- Successfully obtained asylum on behalf of client fleeing political persecution in Rwanda.
Mr. McKenney earned a Juris Doctorate summa cum laude in 2009 from the University of Houston Law Center, where he was Notes & Comments Editor of the Houston Law Review and was elected to the Order of the Coif. He was awarded the Houston Bar Association Corporate Counsel Section Award. Mr. McKenney served as a judicial intern to the Honorable Jennifer Walker Elrod of the United States Court of Appeals for the Fifth Circuit while in law school. In 2004, he graduated with honors from Wesleyan University with a Bachelor of Arts in History and received the Davenport Fellowship for original research and senior thesis on the history of ethnic nationalism in South Africa.