John Chung
Biography
Overview
An experienced trial and appellate litigator, John focuses on civil and criminal antitrust litigation, complex business disputes, international arbitrations and white-collar investigations.
Working in partnership with his clients, he strives to develop innovative strategies to reach the best possible outcomes. His tenacious and meticulous approach has been honed while working on complex, contentious and high-profile cases.
In 2013, John was trial counsel to the Toshiba Corporation in an antitrust action brought by Best Buy, which sought more than US$2.3 billion in damages. After a six-week trial, the jury unanimously returned a verdict in favor of Toshiba.
In 2012, John defended Toshiba in a trial in the In re: TFT-LCD (Flat Panel) Antitrust Litigation. The class alleged over US$2.7 billion in damages, but the jury returned a verdict resulting in no recoverable damages from Toshiba. John and his team's defense of Toshiba won Litigation of the Year at Global Competition Review Awards 2013.
John also worked on behalf of the Ad Hoc Committee of Arahova Noteholders in the chapter 11 bankruptcy proceedings of Adelphia Communications Corporation. After nearly two years of intense, contentious litigation, John and his team helped the Arahova Noteholders to obtain a nearly full recovery, under the plan of reorganization.
In the rapidly changing regulatory environment, John's practice is multifaceted. He has been called on to conduct a number of internal investigations for global financial institutions and corporations. These matters have related to the Foreign Corrupt Practices Act, mutual fund market timing and CD trading practices.
John's work spans a wide range of industries, including computer software, pharmaceuticals, financial services, stock and derivative exchanges, and satellite systems. His broad sector knowledge is matched by his extensive experience navigating complex multijurisdictional and cross-border issues. His work regularly involves parallel proceedings in jurisdictions including the European Union, Korea, Japan, Taiwan, Singapore, Canada, Mexico and Brazil.
John started his career as a Trial Attorney in the US Department of Justice, Antitrust Division, where he worked on merger, monopolization, collusion, and grand jury investigations. He was also a law clerk to the Honorable Victor Marrero of the United States District Court for the Southern District of New York, and a law clerk to the Honorable Julio M. Fuentes of the United States Court of Appeals for the Third Circuit.
John's commitment to international law issues dates back to his time as a Fulbright Scholar in South Korea, where he conducted research into South Korea's antimonopoly law and international transactions.
Experience
Toshiba Corporation, 2013
Trial counsel in antitrust action brought by consumer electronics retailer Best Buy seeking over US$2.3 billion in damages. After a six-week trial, the jury returned a unanimous verdict in favor of Toshiba, finding that Toshiba had not participated in the alleged antitrust conspiracy in the TFT-LCD market.
Toshiba Corporation, 2007–2012
Trial counsel in civil and criminal antitrust proceedings in the thin-film transistor, liquid crystal display (TFT-LCD) market, including a six-week jury trial in the United States District Court for the Northern District of California. Co-lead author of the petition for writ of certiorari seeking review of In re Grand Jury Subpoenas, 627 F.3d 1143 (9th Cir. 2010), cert. denied, 131 S. Ct. 3061 (June 27, 2011), and challenging the Department of Justice's use of grand jury subpoenas to obtain documents produced in the parallel TFT-LCD civil class actions.
Novartis Pharmaceuticals Corporation, 2003–2012
Counsel in Sherman Act and Robinson-Patman Act cases brought by thousands of opt-out plaintiffs in the Eastern District of New York. Prevailed on summary judgment leading to the dismissal of plaintiffs' Robinson-Patman Act claims, 'Drug Mart Pharmacy Corp. v. American Home Products Corp., 2012 WL 3544771 (E.D.N.Y. Aug. 16, 2012)' (appeal pending).
Ad Hoc Committee of Arahova Noteholders, 2006–2007
Represented the Arahova Noteholders in the chapter 11 bankruptcy proceedings of Adelphia Communications Corporation. After the debtor and other creditor constituencies threatened to materially reduce Arahova Noteholders' recovery and nearly two years of ensuing litigation, positioned client to obtain near full recovery.
"Applying Settlement Offsets to Antitrust Judgments", April 10, 2013: ABA Antitrust Section Spring Meeting, Business Torts and Civil RICO and Trial Practice Committees, (speaker)
"Global Cartel Investigations and Recent Antitrust Law Developments: Japan, the EU, the US, and China", September 13, 2007: Special Presentation to the Japan Machinery Center for Trade and Investment, (speaker)
