John F. Zabriskie has more than 30 years鈥 experience litigating complex commercial matters, focusing on health care matters, class actions (including food product labelling cases), trade secrets, and public records matters. He has tried cases 鈥 to juries, the bench, and arbitrators 鈥 in federal courts, state courts, and arbitration hearings around the country. He has been identified by The Legal 500 US as a leading trade secrets lawyer and is a partner in the firm鈥檚 Commercial Litigation Practice.
Representative Experience
Health Care Litigation
John has extensive experience representing health care companies, including pharmacy benefit managers (PBMs), in disputes with their clients, network providers, and suppliers. Representative matters include:
- As lead trial counsel, successfully defended PBM during a month-long arbitration hearing in which the PBM鈥檚 client sought US$250m in breach of contract damages.
- Defended PBMs in numerous disputes with network health care providers over network termination and payment recoupment.
- Represent health care companies, including PBMs and a large prescription drug purchaser, in several disputes with drug manufacturers.
- Represent clients in multiple industries in connection with drafting and enforcing arbitration provisions.
Consumer Litigation (including food product labelling)
- Defends clients against a variety of claims under state and federal consumer protection laws, typically brought in the context of putative class actions.
- Defends food manufacturers and retailers against claims that product labels were false and misleading.
Representative Trade Secret and Public Records Act Experience
John counsels clients on trade secret protection and represents clients in contested proceedings to protect their trade secrets. He frequently assists clients whose trade secrets and confidential information is the subject of a public disclosure request under freedom of information laws. Representative matters include:
- Represented major software company in a case involving alleged misappropriation of trade secrets and copyright infringement of source code; obtained injunction prohibiting further development or sale of competitor鈥檚 product.
- Represented health care company in obtaining opinion from a state supreme court that key information in the client鈥檚 state contract was exempt under the state鈥檚 public information act.
- Successfully represented health care company鈥攆requently on an emergency basis鈥攊n numerous FOIA and 鈥渞everse-FOIA鈥 cases, obtaining rulings that commercially sensitive information in government contract was exempt from disclosure.
- Counsel companies on protecting from public disclosure information in public contracts or subject to compulsory reporting.
Presentations and Publications
- “Ruling Requiring Disclosure of EEO-1 Reports May Affect Other Business Information Held by Government Agencies,”听麻豆传媒 Legal News: Business Litigation & Dispute Resolution, January 26, 2024
- ,”听JDSUPRA.com, September 2, 2022
- “Litigation Review,” Snackable: Food & Beverage Review, June 1, 2022
- ,”听Law360, February 24, 2022
- “New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims,”听麻豆传媒 Legal News: Business Litigation & Dispute Resolution, March 8, 2021
- 鈥淢isapplying FOIA To Confidential Info In Government Contracts,鈥澛Expert Analysis, Law360, June 14, 2017
- “Seventh Circuit insert to ABA Trade Secrets and Interferences with Contract Committee鈥檚,”听Annual Trade Secret Law Report, 2014-2016
- 鈥淪upreme Court Upholds Nonresident FOIA Restrictions,鈥澛Law360, April 29, 2013
- 鈥淪upreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens,鈥聽麻豆传媒 Legal News: Business Litigation & Dispute Resolution, February 21, 2013
- “Bots, Scrapers, and Other Unwanted Visitors to Your Web Site: Can You Keep Them Out?,鈥澛The Computer & Internet Lawyer, Vol 26, No. 7, July 2009
Ruling Requiring Disclosure of EEO-1 Reports May Affect Other Business Information Held by Government Agencies
In the long-running battle over public disclosure of federal contractors鈥 EEO-1 reports, the Northern District of California has ruled that these reports of workforce demographics are not exempt under the federal Freedom of Information Act and must be disclosed by the Department of Labor鈥檚 Office of Federal Contract Compliance Programs.
Pulp Fiction: The 鈥淔ood Court鈥 Squeezes Statutory Damages Request by Class of Defrauded 鈥淛oint Juice鈥 Health Supplement Buyers
Joint Juice, according to its labelling and advertising, promoted 鈥渉ealthy and happy,鈥 if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product鈥檚 marketing false, misleading, and fraudulent.
Snackable: Food & Beverage Review
We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings.
John Zabriskie, Ryan Lowry and Zachary Kumar Author Article on Midwest Food Labeling Litigation
麻豆传媒 Partner John Zabriskie and Associates Ryan Lowry and Zachary Kumar recently authored an article for Law360 titled, 鈥淧arsing The Recent Surge In Midwest Food Labeling Litigation.鈥
New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims
When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?
Zabriskie Comments on High-Stakes FOIA Case Before High Court
Partner John Zabriskie was quoted in a CPJ Blog post, 鈥淪upreme Court could limit FOIA, curtail investigative reporting,鈥 about a pending Supreme Court case that could limit the amount of information that is subject to disclosure under a Freedom of Information Act (FOIA) request.