Newsletter 03.25.24
Cartel Enforcement Trends and Developments
Monitoring and updating recent key announcements, cases and other developments involving antitrust cartel enforcement (Vol. 1, No. 1)
Jake Sorensen represents institutions and executives in their most sensitive and challenging matters.
His practice includes class actions, high-stakes contract disputes, antitrust litigation and counseling, and other commercial litigation. He has also handled litigation and investigations involving corporate governance and securities matters and fraud allegations. Jake has represented clients in matters throughout North America and in South America, Europe and Asia. His clients range from Fortune 500 companies to startups and span the education, health care, technology, travel, financial services, energy and industrial sectors.
Representative Experience
- Representing institutions of higher education in a wide range of litigation and investigations. Examples include the “Operation Varsity Blues” college admissions federal criminal investigation and follow-on civil litigation, where he defeated class actions on motions to dismiss, and government investigations regarding research and foreign funding.
- Defending international electronics and technology companies in class actions and opt-out litigation relating to alleged price fixing.
- Defending international airlines in various class actions and investigations, including obtaining the first dismissal of a COVID-19-related airline refund class action.
View More
- Antitrust and Unfair Competition
- Representing various hospitals in antitrust litigation relating to insurance and payor agreements and contracting practices.
- Representing American and Japanese electronics company in the defense of class and opt-out actions involving alleged price fixing of capacitors and inductors.
- Defended a Japan-based electronics company in numerous class action, state attorney general and opt-out cases alleging conspiracy to fix LCD prices in violation of the Sherman Act and state laws.
- Represented a leading Japanese electronics company in the defense of class and opt-out claims involving alleged price-fixing of optical disk drives.
- Securities and Financial Institutions
- Represented a bank and its broker-dealer affiliates in securities fraud class action relating to mutual fund marketing practices.
- Represented former chief financial officer of a bank in a securities fraud class action and in actions by the SEC, the Office of the Comptroller of Currency and the Federal Depository Insurance Corporation.
- Represented directors and officers of telecommunications company in a securities fraud class action, resulting in a Ninth Circuit opinion affirming the dismissal.
- Represented a bank in an SEC investigation regarding alleged insider trading.
- Represented an in-house attorney at a public company in a securities fraud class action and related investigation.
- False Claims Act and Breach of Contract
- Represented a leading university in claims relating to alleged failures to disclose foreign research in applications for federal awards.
- Represented a hospital in a False Claims Act action involving alleged false claims to Medicare regarding cardiac devices.
- Represented a hospital in a multimillion-dollar arbitration involving claims for breach of contract and fraud. The arbitration resulted in a substantial award in favor of a firm client, which was challenged and affirmed in federal court.
- Defended at trial one of the world’s leading building materials companies in an action in which the state of California sought over $200 million in damages under the False Claims Act.
- Other Complex Litigation
- Represented AT&T in class actions alleging that telephone companies cooperated in the NSA’s Terrorist Surveillance Program. In re: National Security Agency Telecommunications Records Litigation, MDL No. 1791.
- Obtained dismissal of a defamation case against a university and an award of attorneys’ fees under California’s anti-SLAPP statute, which was affirmed on appeal.
- Successfully handled several cases involving student misconduct. In one such case, he prevailed on demurrer and on the plaintiff’s appeal, extending helpful precedent to the student disciplinary context.
- Handled numerous actions involving complex constitutional and legal issues in a university setting.
- Pro Bono
- Represented a death row inmate in habeus corpus proceedings.
- Represented an applicant for political asylum from Burma in the appeal of the denial of her asylum application. After the presentation of testimony and argument before an immigration judge, the prior decision was overturned and asylum was awarded.
- Represented an immigrant from Guatemala and victim of domestic violence in removal proceedings, obtaining a U-Visa that granted her lawful status in the United States.
- Represented a Guatemalan refugee who was fired from his job and persecuted on account of his political views; after a contested asylum hearing, political asylum was awarded.
Professional Highlights
- Recognized by Chambers USA (2018 – 2023); Best Lawyers in America (published by BL Rankings LLC), Litigation—Antitrust (2018 – 2024), Antitrust Law (2023 – 2024); The Legal 500 U.S. (since 2010); and Super Lawyers (since 2009).
- Past chair and member of the Executive Committee of the Antitrust and Business Regulation Section of the Bar Association of San Francisco.
- Chair of Pillsbury’s San Francisco Litigation Department for six years. Has also served on Pillsbury’s Partner Compensation, Business Intake and Pro Bono committees.
View More
- Associations
- American Bar Association Section of Antitrust Law
- California State Bar Antitrust and Unfair Competition Section
- Bar Association of San Francisco (Antitrust Section Executive Committee)
- Association of Business Trial Lawyers
- Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (Board of Directors and past Board chair)
- YMCA of San Francisco (Board of Managers)
- Speaking Engagements
- “Developments in Antitrust Investigations and Litigation,” Tokyo, Feb. 2, 2018
- “Strategic Dispute Resolution in the United States: A Legal Overview of Procedural Issues,” Tokyo, Oct. 25 – 26, 2017
- “Recent Trends in U.S. International Arbitration Practice,” Tokyo, Oct. 24, 2017
- Guest lecturer, UC Hastings Price-Fixing Course
- Bar Association of San Francisco, October 20, 2016, “Behind the Scenes with In-House Antitrust Counsel”
- Antitrust, UCL and Privacy Section of the California State Bar, March 30, 2016, “Discovery in International Antitrust Litigation – How to Cross the Border”
- Bridgeport Class Action Litigation Conference, September 25, 2015, “Developing Issues Regarding the Use of Experts at Class Certification”
- Bar Association of San Francisco, November 19, 2013, “Antitrust Litigation across Borders: A Discussion of Issues That Arise When Parties Are Spread around the World – From Discovery Challenges to Enforcement of Judgments and Everything in Between”
- Publications
- Supreme Court Strikes Down Race-Conscious Admissions at Harvard and UNC, Authors: Jacob R. Sorensen, Laura C. Hurtado, Jeffrey P. Metzler, Nan McGarry, 06/30/2023
- Affirming Dismissal of AirAsia Lawsuit, D.C. Circuit Court Overrules Prior Decisions Allowing Personal Jurisdiction Based on Internet Presence Alone, Authors: Kevin M. Fong, Jacob R. Sorensen, Josh Romanow, Cynthia Cook Robertson, Rebecca A. Friedemann, 01/29/2021
- Court Dismisses COVID-19 Flight Cancellation and Refund Class Action Lawsuit Brought Against Norwegian Air, Authors: John M. Grenfell, Jacob R. Sorensen, Josh Romanow, Rebecca A. Friedemann, 09/23/2020
- California Supreme Court Holds Law Restricting Employment Non-Competes Also Applies to Businesses Contracts Under Antitrust Rule of Reason Standard, Authors: Roxane A. Polidora, Jacob R. Sorensen, Stacie O. Kinser, Lee Brand, 08/17/2020
- Ninth Circuit Adopts New Standard for Discovery of Grand Jury Evidence, Authors: Jacob R. Sorensen, Fusae Nara, Stephen R. Weingold, 10/13/2015
- Guidance for Companies Developing and Implementing Antitrust Compliance Programs, Authors: Jacob R. Sorensen, Mark R. Hellerer, Fusae Nara, Jessica R. Bogo, 10/23/2014
- California AG Issues New Privacy Policy and "Do Not Track" Compliance Guidelines, Announces Proactive Enforcement, Authors: Roxane A. Polidora, Catherine D. Meyer, Andrew D. Lanphere, Jacob R. Sorensen, 06/05/2014
- Expansion of Antitrust Enforcement Continues with Extradition, Authors: Jacob R. Sorensen, Mark R. Hellerer, Fusae Nara, Jhale Ali, 04/21/2014
- Expanding Reach of Sherman Act Draws Criticism, Law360, Authors: Jacob R. Sorensen, George Chikovani, Jacob R. Sorensen, George Chikovani, 02/20/2013
- Something's Got to Give: Overlapping Antitrust Laws Create Redundant Claims, Daily Journal, Authors: Jacob R. Sorensen, Lindsay A. Lutz, Jacob R. Sorensen, 04/05/2012
- Wal-Mart v. Dukes: Supreme Court Reverses Ninth Circuit, Clarifies Class Certification Standards, Authors: John M. Grenfell, Paula M. Weber, Jacob R. Sorensen, George Chikovani, Karen M. Harkins, George Chikovani, 06/23/2011
- Major Ninth Circuit Decision Sets Out Standards for Class Certification, Authors: John M. Grenfell, Jacob R. Sorensen, George Chikovani, George Chikovani, 06/03/2010
Education
-
J.D., University of California, Berkeley School of Law (Berkeley Law)
Moot Court BoardB.A., University of California, Los Angeles
magna cum laude
Admissions
-
California
Courts
-
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Northern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Southern District of California