Leslie John
Leslie John

Leslie E. John

Partner

john@ballardspahr.com
Tel 215.864.8212
Fax 215.864.8999
Philadelphia

Leslie E. John is the Practice Leader of Ballard Spahr's Antitrust Group. Ms. John concentrates on antitrust and complex litigation, and she has represented clients—many of them in the pharmaceutical and health care industries—in federal and state courts and before the U.S. Department of Justice and Federal Trade Commission. She also advises on antitrust issues in mergers and acquisitions, including securing pre-merger clearance under the Hart-Scott-Rodino Act.

Ms. John currently represents a provider of pharmaceutical data and analytics in a monopolization complaint filed in the U.S. District Court for the Eastern District of Pennsylvania against IMS Health, the world’s largest pharmaceutical data and analytics company, alleging that IMS Health has engaged in an unlawful scheme to eliminate its only formidable competitor left standing. Ms. John also currently represents a brand-name pharmaceutical manufacturer and is a member of a team that obtained a landmark victory for a global pharmaceutical company when the court granted summary judgment and dismissed claims that the company and a co-defendant filed sham patent cases to extend the period of exclusivity for its antidepressant medication.

Ms. John has substantial class action experience, including the defense of antitrust, product liability, securities, and ERISA class actions, and the litigation of complex commercial cases. She has assisted in the design and implementation of an innovative confidential alternate dispute resolution program in which individual personal injury claims were arbitrated. Ms. John tried numerous individual claims to verdict in this program, obtaining defense verdicts in the majority of the claims.

In the area of transactions, Ms. John secured DOJ approval for an international supplier of aerospace components and systems, to acquire a pump and engine control systems unit of a multinational conglomerate. She also provided antitrust counsel to a contact lens and eyewear retailer in its sale to a private equity firm.  

Representative Matters

  • Scored a landmark victory when the court granted summary judgment in favor of a global pharmaceutical company, dismissing claims that the company and a co-defendant filed sham patent cases to extend the period of exclusivity for its antidepressant medication. Also obtained dismissal on all but six of the 64 state claims originally asserted in the case. 
  • Represented a pharmaceutical company against claims that it unlawfully extended its alleged monopoly by engaging in petitioning activity before the U.S. Food and Drug Administration and succeeded through motions to dismiss, a motion for summary judgment, and in class certification proceedings in narrowing the claims of an indirect purchaser class against a global pharmaceutical company from a nationwide class to four states. 
  • Led a group of defendants in obtaining dismissal of the indirect purchaser actions alleging price-fixing and monopolization in the sale of ductile iron pipe fittings and, after indirect purchasers filed amended complaints, securing the dismissal of the only Sherman Act claim and narrowing the state claims. 
  • Filed an amicus brief on behalf of the country’s most prominent antitrust economists in the FTC v. Actavis case before the U.S. Supreme Court. Successfully advocated against the adoption of a rule of per se illegality in reverse payment antitrust settlements. 
  • Represented a pharmaceutical company in the defense of more than 600 individual claims for personal injury related to a pharmaceutical product; assisted in the design and implementation of an innovative confidential alternate dispute resolution program in which individual personal injury claims are being arbitrated. 
  • Successfully represented a large manufacturer that was injured by an international price-fixing conspiracy of its suppliers, collecting more damages than any other purchaser and, in fact, the entire class combined. 
  • Defended a pharmaceutical company that was accused of conspiring with others in the pharmaceutical industry on the pricing of its products to retail pharmacies, obtaining a favorable resolution of federal and state litigation and a parallel government investigation, and was successful in vastly reducing the claimed damages. 
  • Represented a biotechnology company before the Federal Trade Commission, convincing the agency to allow a proposed merger. 
  • Has provided ongoing counsel to an innovator of minerals for pharmaceutical and agricultural uses on business transactions, including licensing and distribution agreements.

Professional Activities

Philadelphia Bar Foundation, Board of Trustees, 2010-present
Secretary, 2013-present; Co-Chair, 50th Anniversary Gala

Philadelphia Diversity Law Group, Board of Directors

Ballard Spahr's Diversity Council, Member

WOMEN'S WAY (nation's oldest women's funding federation), General Counsel

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, antitrust law, 2014

Recipient, Albert S. Dandridge, III Business Law Section Diversity Award, presented by the Business Law Section of the Philadelphia Bar Association, 2014

Named to the Benchmark "Top 250 Women in Litigation," 2012-2014

Named by Benchmark Litigation as a "local litigation star," commercial litigation, 2011 and 2012

Publications

Co-author, "Court Endorses FTC Authority To Require Special Reporting for Pharmaceutical Licenses," Ballard Spahr alert, June 4, 2014

Co-author, "HSR Act Allows Pharmaceutical Licensing Transactions To Be Subject to Unique Reporting Requirements, FTC Tells Court," Ballard Spahr alert, March 13, 2014

Co-author, "FTC Issues Premerger Notification Review Changes for Pharmaceutical Patent License Transfers," Ballard Spahr alert, November 7, 2013

Co-author, "Little Guidance for Lower Courts in FTC v. Actavis," Today's General Counsel, August/September 2013

Co-author, "Supreme Court Hands FTC Victory on State Action Immunity," Ballard Spahr alert, February 21, 2013

"ZF Meritor, LLC v. Eaton Corporation Case Summary," The Price Point, Newsletter of the ABA Section of Antitrust Law Pricing Conduct Committee, Fall 2012

Co-author, "Price-Cost Test Does Not Apply in Exclusive Dealing Cases Where Pricing Is Not the Exclusionary Tool, Third Circuit Holds, While Circumscribing Prior Holding in LePage's," Ballard Spahr alert, October 3, 2012

Co-author, "Signaling Intention To Pursue Monetary Remedies in Competition Cases, FTC Withdraws Policy Statement," Ballard Spahr alert, August 2, 2012

Co-author, "DOJ and FTC Announce Antitrust Enforcement Policy Regarding Accountable Care Organizations," Ballard Spahr alert, November 1, 2011

Co-author, "Buyer (and Seller) Beware: Changes to Hart-Scott-Rodino Notification Requirements Critical to M&As," Ballard Spahr alert, August 16, 2011

Co-author, "DOJ and FTC Issue New Guidelines for Review of Mergers and Acquisitions," Ballard Spahr alert, August 20, 2010

Co-author, "Justice Department Announcement of $12 Million Settlement Signals Renewed Antitrust Scrutiny on Energy Markets," Ballard Spahr alert, February 23, 2010

Co-author, "Unjust Enrichment: Unjust, Indeed," Law360, December 8, 2008

Speaking Engagements

Panelist, "The New Antitrust Paradigm: Increased Enforcement and Opportunity," DELVACCA Health Biotech & Pharma CLE Institute, King of Prussia, Pa., June 5, 2014

"Antitrust Challenges to Patent Settlements after FTC v. Actavis," Ballard Spahr webinar, June 25, 2013

Panelist, "FDA Citizen Petitions and Noerr Immunity: Policy Questions and Litigation Tactics to Consider," American Bar Association Section of Antitrust Law, Exemptions & Immunities and Health Care & Pharmaceuticals Committees program, November 5, 2012

"Antitrust Briefing – A Look at Current Litigation and Enforcement Trends," Ballard Spahr CLE, Philadelphia, July 18, 2012

Panelist, "With or Without Merit, Class Certification Requires Commonality," American Bar Association Section of Antitrust Law, 59th Antitrust Law Spring Meeting, Washington, D.C., March 30, 2011

Panelist, "New Mood in Antitrust," Ballard Spahr CLE for Free, June 16, 2009

"Antitrust and Intellectual Property: Patents, Pitfalls and Potential Profits," 2007

"Successful Joint Venturing: Avoiding Antitrust Issues," executive briefing on "Current Trends: Successful Joint Venturing with For-Profit and Nonprofit Entities," Fall 2003

"Record Retention Policies, Related Issues, and Ethical Considerations," Ballard Spahr Women's Marketing Group

Panelist, "Defense Symposium for In-House Counsel: Avoiding Litigation Disasters," DuPont Primary Law Firm Network

University of California, Berkeley, School of Law (J.D. 1987)
Associate Editor, California Law Review; Member, Moot Court Board

University of California, Berkeley (A.B. 1984, summa cum laude)

California

Pennsylvania

U.S. Supreme Court