John J. Powers

Partner

Overview

John Powers represents Fortune 100 and Fortune 500 clients in product liability, class action, antitrust and commercial litigation matters. He also defends corporations in class actions alleging violations of state consumer privacy statutes, including California's Song-Beverly Credit Card Act and the California Consumer Privacy Act (CCPA).

John is a trial attorney with first- and second-chair trial experience in state and federal courts. He tries cases to verdict in such areas as product liability, antitrust, privacy rights, toxic torts, land use and catastrophic injury/wrongful death. John also acts as national coordinating counsel in mass tort litigations for various pharmaceutical and medical device manufacturers and works extensively on company witness preparation and science matters involving experts in the fields of cardiology, toxicology, epidemiology, pharmacokinetics and similar specialties.

Product Liability

John’s product liability defense work focuses on defending U.S. and foreign medical device, pharmaceutical and automotive manufacturers in nationwide and multidistrict litigation. He defends pharmaceutical manufacturers in actions brought by state attorneys general alleging violations of state deceptive trade practices and unfair business practices. John also defends allegations involving off-label marketing of prescription medications and claims alleging improper sales and promotional activities.

Commercial Litigation

John’s commercial litigation practice involves defending class actions and claims involving unfair competition, false advertising, California Business and Professions Codes § 17200 and § 17500, antitrust, False Claims Act (qui tam actions), misappropriation of trade secrets, breach of fiduciary duty, environmental issues, and insurance coverage disputes. John has first-chair trial experience focused on violations of California's Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, and CCPA. He successfully defends consumer class actions brought under these statutes by private parties and public entities.

Representative Experience

  • National Coordinating Counsel for OTC Manufacturer sued in MDL litigation involving phenylpropanolamine (PPA)
  • National Counsel in defending antipsychotic medicine manufacturer in numerous state attorneys general cases
  • National Counsel role in defending mass tort litigation involving allegations of off-label promotion of antipsychotic medications
  • Regional counsel in defense of latex glove litigation
  • Regional counsel and trial counsel for automotive manufacturer in catastrophic injury and wrongful death cases
  • Regional counsel and trial counsel for industrial product manufacturer in catastrophic injury cases
  • Years of experience defending large insurance carriers in complex environmental coverage matters that involved commercial general liability (CGL) policies. Also served as local counsel in property and casualty insurance cases.

Personal Interests

John and his wife, Beth, live in San Francisco where they have raised three children. They enjoy traveling, hiking and skiing.

Related Industries

Credentials

Bar Admissions

California
Massachusetts

Court Admissions

U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Ninth Circuit
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 District of Massachusetts
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California

Education

Boston College Law School
J.D. cum laude, Order of the Coif, Boston College Law Review (1989)

University of Notre Dame
B.A. in Government and International Studies, magna cum laude (1986)

Insights & Events

Other Perspectives

Firm Blog Contributions

  • Faegre Drinker on Products – a blog addressing all things product liability that covers legal issues and developments of interest to product manufacturers and their employers

Leadership & Community

Pro Bono

John has represented death row inmates in habeas appeals.

Professional Associations

  • Association of Business Trial Lawyers, Northern California Chapter — Board of Directors, 2019-21
  • DRI: The Voice of the Defense Bar — Product Liability Section; Drug/Medical Device Section
  • International Association of Defense Counsel
  • Trial Attorneys of America
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