Described by clients as “exceptional,” “law god,” and “our go-to legal strategist,” Jon has successfully represented Fortune 500 companies in state and federal courts throughout the country.
Jon handles complex appellate and trial court litigation involving class actions, commercial disputes, products liability, false advertising, trade secrets, business torts, government contracts, patent law, and the APA. Jon has argued dozens of appeals in the U.S. Courts of Appeals for the Second Circuit, Third Circuit, Fourth Circuit, Sixth Circuit, Seventh Circuit, Eighth Circuit, Ninth Circuit, Tenth Circuit, D.C. Circuit, and Federal Circuit. He has also argued six en banc appeals and a case before the Supreme Court, winning all of them.
A former DOJ official, Jon knows how to work with and, if necessary, litigate against the government. In a highly publicized contempt action, Jon represented Bayer Corporation at trial and defeated all the claims brought by the Federal Trade Commission and DOJ. This precedent-setting decision, which earned Jon “Litigator of the Week” honors from the AmLaw Litigation, rejected the government’s efforts to impose a heightened substantiation standard for marketing claims.
Prior to joining the firm, Jon was a senior litigation partner at Sidley Austin LLP and a Deputy Assistant Attorney General at DOJ. He ascended to that position at age 32, and at age 34, he became the youngest head of DOJ’s civil appellate litigation.
Court Admissions
District of Columbia
New York
Arkansas
United States Supreme Court
United States Courts of Appeals for the Second, Third, Fifth, Seventh, Ninth, Tenth, District of Columbia, and Federal Circuits
Representative Experience
Commercial Litigation
Successfully dismissed products liability claims brought by out-of-state plaintiffs asserting injury from Essure contraceptive device. State ex rel. Bayer Corp v. Moriarty (536 S.W.3d 227 (Mo. S. Ct.) (2017). Also developed legal strategy and preemption defenses for nationwide mass action involving over 30,000 plaintiffs challenging device.
Successfully defeated class certification in false advertising claim against Bayer. Brady v. Bayer, Civ. Action No. 30-2016-00839608-CU-MC-CXC (Apr. 23, 2021).
Successfully defended Bayer against a contempt action filed by the United States, seeking hundreds of millions of dollars and alleging that Bayer was unlawfully marketing its probiotic product, Phillips’ Colon Health. United States v. Bayer Corp., Civ. Action No. 07-01(JLL) (D. NJ Sept 24, 2015).
Successfully defeated motion for preliminary injunction in case alleging misappropriation of trade secrets DynCorp Int’l LLC v. AAR Airlift Group, LLC, Case No. 6:15-cv-1454-Orl-31GJK. (M.D. Fl, Oct 9, 2015)
Successfully defeated challenge to government contract awarded to client AAR Airlift Group, Inc DynCorp Int’l LLC v. United States, No. 2018-1209. (Fed. Cir., Dec. 10, 2018)
Successfully defeated motion for a preliminary injunction and TRO under the Lanham Act and state law for alleged false advertising. QVC v. Your Vitamins, 753 F.Supp.2d 428 (D. Del. 2010)
Successfully challenged the district court’s claim construction of several 3M patents. 3M Innovative Properties Co. v. Tredegar Corp., 725 F.3d 1315 (Fed. Cir. 2013)
Successfully defended airline on federal immunity grounds in U.S. Supreme Court against a defamation challenge for a report made to TSA. Air Wisconsin Airlines Corp. v. Hoeper, 571 U.S. 237 (2014).
Successfully defended airline on federal immunity grounds against wrongful death claim. Ilczyszyn v. Southwest Airlines, 80 Cal.App.5th 577 (Cal. SCt. 2022)
Successfully secured holding that Court of International Trade lacked jurisdiction to consider breach-of-contract claims against The Hartford and other surety companies. Sioux Honey Ass’n. v. Hartford Fire Ins. Co., 672 Fed. Cir 1041 (Fed. Cir. 2011).
Constitutional Litigation
Successfully sustained National Football League’s pat-down policy against Fourth Amendment challenge. Johnston v. Tampa Sports Authority, 490 F.3d 820 (11th Cir. 2008).
Successfully defeated constitutional and APA challenge against the Food and Drug Administration. Abigail Alliance v. von Eschenbach, 495 F.3d 695 (D.C. Cir. 2007) (en banc).
Successfully defeated Export Clause challenge to tax on coal. Consolidation Coal Co. v. United States, 528 F.3d 1344 (Fed. Cir. 2008)
Publications
Speaker, “Making It Work: The In-House/Outside Litigation Counsel Dynamic,” New York City Bar Association (Jan 20, 2022).
Co-author, “Consumer Class Actions: 3 Tips for In-House Counsel to Deter Enterprising Plaintiffs' Lawyers,” Westlaw Journal (January 7, 2020)
Co-author, “Lessons for Industry from Bayer’s Victory,” Nutraceuticals World (November 10, 2015)
Co-author, “Reining In The FTC’s Crusade Against Dietary Supplements,” Law360 (October 23, 2015)
Education
J.D., Harvard Law School, 1997, magna cum laude
B.S., University of Pennsylvania, 1994, summa cum laude