Jeffrey R. Johnson

Overview Experience Insights Jeff Johnson has more than a decade of experience handling significant litigation at the trial and appellate levels. While that litigation has crossed many subjects - from pharmaceutical preemption to municipal bankruptcy to constitutional law - he has most recently focused on consumer-related litigation under statutes such as the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and state unfair and deceptive trade practices laws. In this capacity, he has served as lead appellate counsel in a number of matters for a major credit reporting agency and as a principal strategist for a major broadcasting companys consumer-facing litigation. He also has considerable experience with public nuisance litigation, Controlled Substance Act (CSA) litigation, and mass arbitration, among other topics. As part of this wide-ranging work, Jeff has argued roughly a dozen cases in the federal circuit courts, with other arguments in state and federal trial courts across the country as well. He also has been a key part of teams overseeing litigation that spans multiple forums and levels of the judicial process. Experience National retailer defends against False Claims Act allegations related to opioids Jones Day is representing a national retailer against allegations under the False Claims Act in connection with its dispensing of prescription opioids. Disabled Air Force veteran obtains victory in Texas Supreme Court Jones Day represented Ms. Yvondia Johnson in an appeal brought by the Bexar County Appraisal District to the Supreme Court of Texas. Major public company obtains injunction against unconstitutional administrative adjudications within Department of Justice On behalf of a major public company, Jones Day obtained a precedent-setting injunction to stop administrative proceedings within DOJ that were being conducted by an administrative law judge (ALJ) who is unconstitutionally shielded from the Presidents supervision. Experian secures victory in Ninth Circuit, allowing company to arbitrate case Experian Information Solutions, Inc., represented by Jones Day, successfully persuaded the Ninth Circuit to send a putative class action to arbitration. Coal companies prevail in Supreme Court battle over EPAs power In a high-profile and much-awaited decision on the final day of its term, the Supreme Court ruled in favor of Jones Days client, the North American Coal Corporation, by reversing a D. C. Circuit decision that gave the EPA sweeping authority to transform the power sector as a means of reducing greenhouse gas emissions. Organon defeats failure-to-warn claims in Fosamax litigation Organon & Co., represented by Jones Day, recently prevailed against hundreds of plaintiffs claiming that Merck Sharp & Dohme Corp. (Organons predecessor in interest) failed to warn them about the risk of developing so-called atypical femoral fractures when using Fosamax to prevent and treat osteoporosis. Lower MyBills wins appellate victory in arbitration case Jones Day secured a significant appellate victory in the Ninth Circuit for the Firms client Lower MyBills (LMB) Mortgage Services, Inc. Pro bono client secures remand in 7th Circuit appeal raising Administrative Procedure Act and Constitutional claims Jones Day, appointed as pro bono counsel by the U. S. Court of Appeals for the Seventh Circuit, represented a prison inmate in his appeal. U. S. Chamber of Commerce convinces Seventh Circuit to narrow scope of TCPAJones Days client the U. S. Chamber of Commerce, as amicus curiae, successfully convinced the U. S. Court of Appeals for the Seventh Circuit to narrow the scope of the Telephone Consumer Protection Act (TCPA). Hilton Grand Vacations Company secures groundbreaking Eleventh Circuit victory in TCPA litigation Jones Day client Hilton Grand Vacations Company (HGV) secured a groundbreaking Eleventh Circuit victory regarding the scope of the Telephone Consumer Protection Act. Paul Klemm obtains Supreme Court victory in statute-of-limitations case with wide-ranging implications Jones Day represented the Respondent, Paul Klemm, in his recent Supreme Court victory. Sirius XM successfully defends lawsuit relating to trial subscribers information Jones Day successfully defended and obtained affirmance on behalf of Sirius XM Radio Inc. in a putative class action alleging violations of the Drivers Privacy Protection Act (DPPA). Merck obtains unanimous Supreme Court ruling in Fosamax product liability case Jones Day represented Merck Sharp & Dohme Corp. in its unanimous win before the Supreme Court in a product liability case involving Mercks prescription medicine Fosamax . Sirius XM Radio prevails before D. C. Circuit in challenge to TCPA order On March 16, 2018, the D. C. Circuit unanimously ruled in favor of Jones Days client Sirius XM Radio Inc. in its challenge to the Federal Communications Commissions order interpreting the Telephone Consumer Protection Act. Abercrombie & Fitch argues in front of U. S. Supreme Court in Title VII religious accommodation case Jones Day represented Abercrombie & Fitch Co. in a Title VII case before the Supreme Court of the United States involving the standards for religious accommodation claims. City of Detroits chapter 9 plan of adjustment confirmed Jones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts. Business associations file amicus brief in Supreme Court case about notice-and-comment rulemaking On behalf of the Chamber of Commerce of the United States, the American Fuel and Petrochemical Manufacturers, the American Health Care Association, the Business Roundtable, the National Association of Manufacturers, and the Securities Industry and Financial Markets Association, Jones Day filed an amicus brief in the Supreme Court of the United States asking the Court to restrain agencies ability to avoid notice-and-comment rulemaking. DIRECTVs distributors win Federal Circuit appeal affirming their patent-exhaustion victory on summary judgment On behalf of DIRECTV, LLC, Jones Day successfully argued an appeal before the United States Court of Appeals for the Federal Circuit, which affirmed a grant of summary judgment based on the patent-exhaustion doctrine in favor of four distributors of equipment for receiving DIRECTV satellite-television broadcasts. View All December 2023 Alert New FCC Rule Affects Consumer Consent for Robocalls and Robotexts April 2021 Alert U. S. Supreme Court Clarifies TCPAs Definition of Autodialer July 2020 Reprint Hot Topics In TCPA Litigation After Barr v. American Association of Political Consultants (U. S. Chamber Litigation ) January 2020 Commentary Eleventh Circuit Reins in TCPA Liability December 2019 Commentary Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications May 2019 Commentary Supreme Court Sides with Merck in Unanimous Fosamax Product-Liability Decision March 2018 Jones Day Publications Back to the Statute: D. C. Circuit Levels the TCPA Playing Field September 2015 Commentary Phishing for Corporate Dollars: The Emerging Global Threat Posed by Spear Phishing and Business Email Compromise Practices Issues & Appeals Locations Washington Education Harvard University (J. D. summa cum laude 2010; Articles Chair, Harvard Law Review; Sears Prize, 2007-2008); Brigham Young University (B. A. in Philosophy summa cum laude 2006) Bar & Court Admissions District of Columbia Clerkships Law Clerk to: Justice Elena Kagan, U. S. Supreme Court (October Term 2011) and Judge J. Harvie Wilkinson III, U. S. Court of Appeals, Fourth Circuit (2010-2011)