Something's Got to Give: Overlapping Antitrust Laws Create Redundant Claims
Jacob R. Sorensen
Mr. Sorensen leads Pillsbury’s San Francisco Litigation Department. He concentrates on complex business litigation, antitrust and securities matters.
Mr. Sorensen’s diverse litigation practice includes the defense of class actions as well as litigation and arbitration of business disputes. He has substantial experience with international cartel investigations and follow on litigation. He is also experienced in litigation and investigations involving corporate governance and securities matters and allegations of fraud. He represents corporate clients and their directors and officers in a wide range of industries, from financial services to technology, energy, telecommunications and construction, as well as a leading private university and teaching hospital.
Mr. Sorensen has successfully tried cases before juries, judges and arbitrators. He has also disposed of many cases prior to trial, either by prevailing in motion practice or by obtaining favorable settlements.
Prior to joining Pillsbury, Mr. Sorensen served as a judicial extern for U.S. District Court Judge Claudia Wilken of the Northern District of California.
Antitrust and Unfair Competition
- Representing a leading electronics company in the defense of class actions and over 20 opt-out cases alleging that defendant manufacturers conspired to fix prices in violation of Section 1 of the Sherman Act, among other things. In Re TFT-LCD (Flat Panel) Antitrust Litigation, MDL No. 1827 (N.D. Cal.).
- Assisted in antitrust compliance in support of a major merger in which he obtained merger approval from antitrust authorities in foreign jurisdictions.
- Represented telecommunications carrier in an action for unfair competition and related torts by a dealer of its mobile phone service.
Securities and Financial Institutions
- Represented a bank and its broker-dealer affiliates in securities fraud class action relating to alleged shelf space agreements with regard to mutual funds. Siemers v. Wells Fargo & Co., No. C-05-4518-WHA (N.D. Cal.).
- 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. Winick v. Pacific Gateway Exchange, Inc., 73 Fed. Appx. 250 (9th Cir. 2003).
- Represented a major 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 at trial one of the world’s leading aggregates companies in an action in which the State of California sought over $200 million in damages under the False Claims Act.
- Represented a hospital in a False Claims Act action involving alleged false claims to Medicare regarding cardiac devices.
- Represented a hospital in a multi-million dollar arbitration involving claims for breach of contract and related torts. The arbitration resulted in a substantial award in favor of a firm client, which was challenged and affirmed in federal court.
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 and an award of attorneys’ fees under California’s anti-SLAPP statute, which was affirmed on appeal. Spirtos v. Stanford University, 2003 WL 1518762 (Cal. App. 6 Dist. March 24, 2003).
- 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. Gupta v. Stanford University, 124 Cal. App. 4th 407 (2004).
- Defended numerous actions involving complex constitutional and legal issues in a university setting.
- 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 in removal proceedings, obtaining a U-Visa that granted her lawful status in the United States.
- Legal 500 US, Antitrust (2010-2013)
- Super Lawyers—Northern California (2013)
- Super Lawyers, Rising Stars—Northern California (2009-2012)
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; Bay Area Lawyers Committee for Civil Rights; East Bay Community Law Center (Advisory Board), YMCA of San Francisco (Board of Managers)
U.S. District Courts for the Northern, Central, Eastern and Southern Districts of California; U.S. Court of Appeals for the Ninth Circuit