David C. Kiernan

There's little doubt where Kiernan, a partner-in-charge at Jones Day, stands on the subject of handling antitrust cases.

"I love what I do," Kiernan said. "Whether regulatory or litigation, you really have to understand those three parts. The field is constantly changing."

The outcome of litigation "can impact millions of people, in a particular state, across the county, or around the globe," he added.

Kiernan represents Sutter Health in federal and state class actions. UFCW & Employers Benefit Trust v. Sutter Health, et al., CGC-14-538451 (S.F. Sup. Ct., filed April 7, 2014); People v. Sutter Health, CGC-18-565398 (S.F. Sup. Ct., filed March 29, 2018); Sidibe et al. v. Sutter Health et al., 12-CV04854 (N.D. Cal., filed Sept. 17, 2012).

The state lawsuits alleged Sutter used its market power in Northern California to require insurance carriers to include all its providers in networks, reducing competition and increasing hospital prices.

In October, Sutter Health reached a settlement with the class and the California attorney general, agreeing to pay $575 million and abide by series of restrictions without admitting liability and avoiding the possibility of treble damages that could have awarded plaintiffs more than $2 billion under the Cartwright Act, the state antitrust law.

In the federal case, Kiernan argued Sutter's opposition to the plaintiff's motion for class certification. Plaintiffs have filed a renewed motion for class certification.

The two Sutter cases "are complex and involve novel theories of harm," Kiernan said. "What I've enjoyed in working on these cases is diving in and really understanding the health care markets and industry in California," Kiernan said. "The cases themselves will [affect] health care in California."

A UC Hastings College of the Law graduate, Kiernan said his introduction to antitrust "was dumb luck." Earlier in his career, he represented a software company in Silicon Valley on two products the company sold.

As part of that case, he began working with colleague Craig A. Waldman, who introduced him to more antitrust law. "I was hooked," Kiernan said. "It was very exciting, and I never turned back."

One of Kiernan's other specialties is representing both traditional and sustainable energy companies, which presents its own challenges, he said.

"You really have to dig in and understand the market," he said. You have to understand minute details, the decisions they're making."

-- Karen Weil