John Kern Email and Phone Number

Healthcare/Life Sciences Litigation and Government InvestigationsCommercial LitigationFinancial Services LitigationIntellectual Property Lititgation

John is a Partner in the Litigation and Healthcare/Life Sciences Divisions. He is experienced in all aspects of commercial and healthcare litigation and in government investigations. Practice focuses on representing healthcare, financial services and technology companies in commercial litigation matters in federal and state court, as well as in a broad range of formal investigations brought by the U.S. Department of Justice and state Attorneys General. Counsel clients in areas including securities, banking, and commodities regulation; reimbursement/drug price calculation and reporting policies/practices.Significant matters include:Acting as outside general counsel and lead litigation defense counsel for the nation’s largest third-party administrator of self-directed Individual Retirement Accounts. Defended the company in dozens of litigation matters and government investigations, including SEC, DOJ, FBI, and IRS investigations.Representing the nation’s largest publisher of pharmaceutical drugpricing information in dozens of federal and state governmentinvestigations and private payer lawsuits involving allegations fraud and false claims in the reporting of pharmaceutical drug data (e.g., Average Wholesale Price (AWP) and Wholesale Acquisition Cost); Representing and counseling the nation’s second largest chain drug store concerning its use of AWP and its reimbursement policies and practices; Counseling a pharmaceutical manufacturer on the impact of new CMS pricing benchmarks, including AMP, ASP, and Best Price, and advising the Company in the implementation of new government price reporting practices and policies; Defending a drug manufacturer in qui tam litigation and a related DOJ/State Medicaid investigation alleging violation of the Federal False Claims Act,stemming from the Company's self-disclosed, accidental misclassification of an innovator drug under the Medicaid Drug Rebate Program; Negoitated settlement of all claims.

Experienced in all aspects of commercial litigation and government investigations. Practice focuses on representing healthcare, financial services and technology companies—both public and private, from start-ups to Fortune 100 companies—in commercial litigation matters in federal and state court, as well as in a broad range of formal investigations brought by the U.S. Department of Justice and state Attorneys General. Counsel clients in areas including securities, banking, and commodities regulation; reimbursement/drug price calculation and reporting policies/practices; tax reporting; franchise law; business expansion/combination plans; and hiring/firing of senior management.

in the Intellectual Property Litigation and Content Counseling Practice Group. Provided technology and business clients with representation in wide range of commercial and intellectual property litigation matters. Participated in all aspects of litigation, including second-chairing trials, and acting as first chair for arbitrations and mediations. Conducted and defended more than 80 depositions, prepared and examined expert and fact witnesses, drafted and argued dispositive motions, pre-trial and evidentiary motions, and motions for discovery and injunctive relief. Drafted opening and closing statements, participated in jury selection and oversaw complex fact and expert discovery, including managing team of associates in preparing and producing large document productions and coordinating with experts on reports.

Evaluated economic data and reported to Congress on effectiveness of TDA-funded infrastructure development projects in generating exports of goods and job creation for U.S. firms.