John Rosenthal
Partner
Chair, eDiscovery and Information Governance Practice
With more than 30 years of trial experience, John litigates complex commercial, antitrust, and false advertising cases. He is ranked Band 1 in Chambers USA, and clients say he is “invaluable as a resource” with “extraordinary judgment” and “a lot of practical advice at his fingertips.” Chair of Winston’s eDiscovery & Information Governance Practice, John also has expansive experience in all areas of electronic discovery, privacy, information governance, and data breach.
Key Matters
John’s representative matters include:
Antitrust
- Smokey Alley Farm Partnership vs. Monsanto Company, et al., Case No.: 4:17-cv-2031-JMB—Defending Monsanto in a Section 1 and Section 2 Sherman Act case relating to soybean seeds (E.D. Mo.)
- MLR vs. Dell––Represented Dell in an antitrust counterclaim against a patent troll alleging a Section 1 violation (E.D. Va.)
- In re: Text Messaging Antitrust Litigation––Defended Verizon against claims of price fixing relating to charges for text messaging services, resulting in summary judgment in favor of the defendants (N.D. Ill.)
- Monsanto Company v. Agventure, Inc., Doebler’s Pennsylvania, Hybrids, Inc., Hoegemeyer Hybrids, Inc., Nutech Seed, LLC, Seed Consultants, Inc., and Terral Seed, Inc.––Defended Monsanto against counterclaims brought under Section 1 and 2 of the Sherman Act alleging exclusive dealing and tying (E.D. Mo.)
- Monsanto Company v. E.I. DuPont De Numours and Company––Defended Monsanto in a Section 2 Sherman Act case brought by DuPont relating to genetically modified crops
- In re Vitamins Antitrust Litigation––Represented an opt-out plaintiff against various vitamins suppliers regarding a worldwide price-fixing cartel. The client was one of more than 300 opt-out plaintiffs working jointly in a group representing 70 percent of the potential claims. The claims were settled favorably for the client, with reimbursement for overcharges ranging among the highest percentage recovered in a Sherman Act case. (D.C.)
General Commercial & Products Liability
- In re: Abilify (Aripipriazole) Products Liability Litigation, MDL No. 3:16-md-2734––Defending Otsuka in a products liability litigation relating Abilify (N.D. Fla.)
- In re Takata Airbag Products Liability Litigation––Represent Toyota in a multidistrict litigation (MDL) action regarding claims of alleged product liability defect in airbags (M.D. Fla.)
- In re Genetically Modified Wheat Litigation––Represent Monsanto in an MDL action regarding class claims of the alleged wrongful distribution of genetically modified wheat (D. Kan.)
- In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation––Representing Toyota in an MDL action regarding claims going to Toyota’s electronic accelerator technology (C.D. Ca.)
- In re In The Matter Of The Fort Totten Metrorail Cases Arising Out Of The Events Of June 22, 2009––Defended Alstom Transport in a case involving a collision on the Washington Metropolitan Area Transit Administration’s subway system (D.D.C.)
- Storage Networks, Inc. v. SwapDrive.Com, Inc.––Defended a startup in a commercial contract dispute that was successfully settled (Super. Ct. Mass.)
Wholesaler Relations
- Colorado Pet Supply, Inc v. Nestlé Purina Petcare Company––Currently defending Nestlé Purina Petcare in an action by a former distributor for breach of contract, tortious interference, libel, slander, and civil conspiracy (D. Colo.)
- Maris Distributing Co. v. Anheuser-Busch, Inc.––Defended Anheuser-Busch in a follow-on defamation action by the family of Roger Maris, Sr. in Alachua County State Court (Fla. Cir. Ct.)
- Nestlé Ice Cream Company, LLC v. Westrock Ice Cream Co.––Represented Nestlé in a declaratory judgment action with counterclaims for violation of trade secrets and unfair competition relating to Nestlé’s termination of certain wholesalers in New York. The case was successfully settled (E.D.N.Y.)
- Frozen Express, Inc. v. Ice Cream Partners, USA, LLP––Defended Ice Cream Partners (joint venture of Pillsbury and Nestlé) against claim of wrongful termination of a distributor (Sup. Ct. Cal.)
- Anheuser-Busch, Inc. v. M&M Distributing Corp.––Represented Anheuser-Busch in a dealer termination case involving breach of a written distribution agreement (D.C. Co.)
Intellectual Property, False Advertising and Data Breach
- Rawa, et al. v. Monsanto Company, Case No. 4:17-cv-02300––Representing Monsanto in consolidated putative class actions regarding unfair competition claims concerning the labeling of its Roundup brand (E.D. Mo.)
- Blitz v. Monsanto Co., Case No. 3:17-cv-00473––Representing Monsanto in a putative class action alleging false advertising in association with its Roundup brand (W.D. Wisc.)
- Beyond Pesticides v. Monsanto Company, Case No. 1:17-cv-00941––Representing Monsanto an unfair competition claim brought by a consumer advocacy group alleging false advertising in association with its Roundup brand
- Elvis Miraze v. Monsanto Company––Representing Monsanto against a false advertising claim relating to the marketing of Roundup (C.D. Ca.)
- David Blackmore v. Union Pacific Railroad––Represented Union Pacific in a data breach class action (D. Neb.)
- Boiles v. Union Pacific Railroad––Represented Union Pacific in a data breach class action (D. Neb.)
- In the Matter of Certain Digital Multimeters, and Products with Multimeter Functionality (ITC 337)––Represented Fluke Corporation in an action brought before the International Trade Commission seeking to stop the illegal importation of electronic test equipment violating Fluke’s trade dress. A general exclusion order was issued in favor of Fluke
- J&J Snack Foods Corp. v. The Earthgrains Company, et al.––Successfully represented Nestlé as a defendant in a trademark infringement action concerning the Nestlé Tollhouse brand (D.N.J.)