Zachary M. Johns

Zak has experience handling complex single plaintiff and class actions from inception through trial and appeal. As part of his litigation practice, Zak recently co-chaired an eleven-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 mid-trial motions in federal court, briefing numerous pretrial motions, including motions to dismiss and for summary judgment in complex cases, and has taken and defended multiple fact and expert depositions. Zak has secured dismissals and achieved favorable settlements in 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 also maintains an active pro bono practice and volunteers for the HIAS division in Philadelphia, representing asylum applicants and individuals seeking citizenship. Zak recently represented an asylum applicant from Eritrea who was persecuted on the basis of religion and secured a grant of asylum following a trial. He also serves on the board of trustees of the nonprofit Philadelphia Youth Orchestra, the area’s premier youth orchestra 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 was recently named a “Lawyer on the Fast Track” by The Legal Intelligencer, which recognizes Philadelphia lawyers under 40 who have demonstrated a commitment to excellence and community service.

Zak also participates in the ABA’s Antitrust Section and has taken a leading role in the ABA Antitrust Section’s Young Lawyer Division. He is also a member of the firm’s Class Action Working Group, and is a contributor to the Morgan Lewis Year-End and Mid-Year Cartel Enforcement Reports.

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.
• Defending a generic pharmaceutical manufacturer in a grand jury investigation and follow-on civil litigation regarding alleged price fixing and market allocation.
• Defending a generic pharmaceutical manufacturer against multiple putative class actions alleging that it entered into a so-called reverse payment with a branded manufacturer.
• 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 as well as the Commodity Exchange Act.

Zak’s representative litigation successes include:

• Secured a Rule 12 dismissal with prejudice for cable television and multimedia company against Sherman Act Section 1 conspiracy claims brought by cable installers. The dismissal was affirmed by the Court of Appeals.
• Secured a Rule 12 dismissal of exclusive dealing and conspiracy claims under Section 1 of the Sherman Act against leading managed care provider in Delaware.
• Secured a Rule 12 dismissal with prejudice for manufacturer of aviation products against Sherman Action Section 2 conspiracy to monopolize and various state law antitrust and state law tort claims.
• Favorably resolved 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 manufacturer of automotive components.
• Secured a Rule 12 dismissal with prejudice of attempted monopolization claim under Section 2 of the Sherman Act against a leading transportation network company arising out of the launch of operations in Philadelphia and successfully defended the decision on appeal.
• Secured a Rule 12 dismissal with prejudice of exclusive dealing and conspiracy claims under Section 1 of the Sherman Act against leading managed care provider in Pennsylvania.
• Secured a favorable resolution to claims under Sections 1 and 2 of the Sherman Act against a leading hospital system arising out of 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 manufacturer of herbal products after having class allegations stricken from the complaint.
• Successfully defended 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 aviation parts manufacturer in defense of theft of trade secrets claim and in prosecution of abuse of process and malicious prosecution counterclaims.
• Represented a pharmaceutical manufacturer before the Judicial Panel on Multidistrict Litigation.

Zak’s representative counseling includes:

• Counseled Technology firm offering software in automotive sector on potential antitrust risks related to launching of new products and certain other business practices.
• Counseled medical product manufacturer on potential antitrust risks from potential patent settlement agreement.
• Counseled leading pharmaceutical manufacturer on litigation risks posed by portfolio of patent settlement agreements.
• Counseled manufacturer of restoration and remediation machines on potential product liability risks and assisted company in navigating a product recall.
• Counsel manufacturer of electronic scooter on design of warning labels for product manual.
• Developed risk assessment guidance and drafted warning labels for various manufacturers of consumer products.