Leslie E. John

Partner

Philadelphia

Tel 215.864.8212
Fax 215.864.8999

Leslie E. John is the Practice Leader of Ballard Spahr's Antitrust and Competition Group and Co-Leader of its False Advertising Litigation Team. Leslie 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, and counsels clients on antitrust compliance and risk management.

Leslie is recognized for her antitrust acumen in Chambers USA and is among Benchmark Litigation’s Top 250 Women in Litigation nationwide. Chambers USA described her as “methodical, very strategic and highly intellectual. She also communicates very effectively.” Leslie has substantial class action experience and was named “Litigator of the Week” by Global Competition Review in July 2015 for securing the decertification of an indirect purchaser class in a pharmaceutical antitrust case. She was honored as the “Best of the Bar” by the Philadelphia Business Journal in 2021 and as a “Top Women in Law” by The Legal Intelligencer in 2016.

Services

Experience

Representative Matters

Successfully represented a real estate company that develops, leases and manages retail, concession and food space in a suit by a leading concessionaire alleging antitrust and related state law violations. Plaintiff alleged that our client’s leases, which purportedly contain a “pouring rights” provision requiring concessionaires to sell certain beverages, was an unlawful tying arrangement. The Eastern District of Pennsylvania granted our motion to dismiss and on appeal, the Third Circuit issued a precedential decision affirming the dismissal of the case.
Successfully defended nonprofit physician-led independent evaluation organization against an antitrust class action lawsuit filed by four physicians. Plaintiffs alleged that the organization’s requirements for continuing certification violated the antitrust laws and the federal civil RICO laws. The Third Circuit affirmed on appeal the dismissal of the case.
Representing one of the largest agricultural companies in the U.S. in nearly two dozen now consolidated class actions alleging a group boycott by agricultural companies, large wholesalers, and large retailers not to do business with on-line retailers of “crop inputs,” specifically seeds and various crop protection products.

Represented a plaintiff pharmaceutical manufacturer in a Lanham Act (unfair competition) claim defeating attempts to dismiss the claims and later securing a settlement for her client on favorable terms.
Representing a regional convenience store chain in an action alleging federal antitrust and state law claims (tortious interference with existing and prospective contract, abuse of process, and civil conspiracy) against the chain and a real estate development company based on zoning challenges that the development company asserted.
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 and entered into an alleged reverse payment settlement. On appeal, the Third Circuit affirmed the dismissal.
Represented a provider of pharmaceutical data and analytics in a monopolization case filed against the world’s largest pharmaceutical data and analytics company, alleging that the defendant engaged in an unlawful scheme to eliminate its only formidable competitor left standing, defeating the efforts of the alleged monopolist to prevent plaintiff from filing a comprehensive amended and supplemental complaint challenging an array of exclusionary conduct, and settling the case on favorable terms.
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 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.
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.
Has provided counsel to an innovator of minerals for pharmaceutical and agricultural uses on business transactions, including licensing and distribution agreements.
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.
Provided antitrust counsel to a provider of healthcare services concerning transactions with other providers.
Counseled on antitrust issues raised by IP licensing and acquisitions.

Professional Highlights

Professional Activities

Fellow, Litigation Counsel of America

Philadelphia Bar Foundation, President, 2019-2020; Vice President, 2007-2018; Board of Trustees, 2010-present; Secretary, 2013-2016; Co-Chair, 50th Anniversary Gala

Philadelphia Diversity Law Group, Co-President, 2019-present; Vice President, 2016-2018; Board of Directors, 2011-present

Forum of Executive Women, 2017-present

WOMEN'S WAY (nation's oldest women's funding federation), General Counsel, 2007-present

Ballard Spahr's Diversity, Equity, and Inclusion Council, Member

Recognition & Accomplishments

Philadelphia Business Journal, "Best of the Bar," 2021

The Legal 500 US, Antitrust - Civil litigation/class action - defense, 2019-2023; Antitrust - Civil litigation/class action - plaintiff, 2019, 2020

Chambers USA, antitrust law (Pennsylvania), 2014-2023

Speaking Engagements

Speaker, Hot Topics in NY Antitrust: Class Certification and Fraud-Based Antitrust Investigations," New York City Bar's Antitrust & Trade Regulation Committee, April 30, 2018

Speaker, "Post-Lamictal, Loestrin & Nexium: What Violates Section One Reverse Payment Law, and What Does Not?" HarrisMartin's Pharmaceutical Antitrust Litigation Conference: Generic Drugs & Emerging Price-Fixing cases, March 3, 2017

Speaker, "Everyday Antitrust Issues: You Don’t Know What You Don't Know," Ballard Spahr CLE Program, October 12, 2017

Panelist, "Recent Issues in Reverse Payment Litigation," Health Care and Pharmaceuticals Committee of the ABA Section of Antitrust Law, September 14, 2017

Panelist, "FTC and DOJ Issue Antitrust Guidance to HR Professionals: What You Need to Know," Ballard Spahr webinar, November 11, 2016

Panelist, "Let’s Make A Deal – Public and Private Antitrust Challenges to Health Care Combinations," Ballard Spahr Health Care Practice Group webinar, May 10, 2016

Panelist, "Where are we on Class Certification? Examples from Health Care and Pharmaceutical Cases," ABA Section of Antitrust Law, March 15, 2016

Panelist, "Back to the Future: A CLE Focused on Antitrust Basics, the Evolution of Antitrust Law, and Ethical Pitfalls," Ballard Spahr CLE Program, November 16, 2015

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

Publications

Co-author, "FTC's Hospital Merger Enforcement Hangs in the Balance," Law360, June 16, 2016

Co-author, "2 Assumptions Shape 3rd Circ. Reverse Payment Case," Law360, November 20, 2014

Co-author, "'Reverse Payment' Realities: Challenging Pervasive Assumptions Underlying Calls for Broad Antitrust Scrutiny of Patent Infringement Settlements," Bloomberg BNA Antitrust & Trade Regulation Report, November 14, 2014

Related Insights

Credentials

Education

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., summa cum laude, 1984)

Admissions

California

Pennsylvania

U.S. Supreme Court

U.S. Court of Appeals for the Fourth Circuit