Paul J. Riehle

Antitrust Litigation and Counseling

Paul is an experienced antitrust litigator on matters involving federal and state laws, including allegations of price-fixing, bid-rigging, monopolization and attempted monopolization. He also counsels clients on state and federal antitrust laws and regulations including in connection with mergers and acquisitions, on minimum advertised pricing for internet sales, and for trade and standard-setting organizations.

Antitrust Litigation Representative Experience

• Summary judgment as to collaboration agreements containing non-compete clauses regarding three of four at-issue fixed-dose combination drugs used to treat HIV. In re HIV Antitrust Litigation, __ F. Supp. 3d __, 2023 WL 3088218 (N.D. Cal. Feb. 17, 2023).
• Dismissal of lead end-payor class plaintiff based on lack of Article III standing. Staley v. Gilead Sciences, Inc., __ F. Supp. 3d __, 2022 WL 17816213 (N.D. Cal. Aug. 5, 2022).
• Dismissal of lead consumer class plaintiff, an activist, based on lack of Article III standing. Staley v. Gilead Sciences, Inc., 2022 WL 1158006 (N.D. Cal. April 19, 2022).
• Permanent injunction regarding anti-steering provisions in developer agreement based on California’s Unfair Competition Law. Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898 (N.D. Cal. 2021).
• Dismissal of Sherman Act and Cartwright Act claims for alleged price-fixing. In re California Bail Bonds Antitrust Litigation, 511 F. Supp. 3d 1031 (N.D. Cal. 2021) and 2020 WL 3041316 (N.D. Cal. Apr. 13, 2020).
• Granting in part motion to dismiss Sherman Act Section 1 and 2 claims regarding collaboration agreements in connection with HIV medicines. Staley v. Gilead Sciences, Inc., 446 F. Supp. 3d 578 (N.D. Cal. 2020) and 2020 WL 5507555 (N.D. Cal. July 29, 2020).
• Dismissal of lawsuit alleging antitrust, RICO and state claims against The Regents of the University of California, sued as University of California, Berkeley School of Law. LLM Bar Exam, LLC v. BarBri, Inc. et al., 16-cv-03770-KPF, Dkt. # 89 (S.D.N.Y. Dec. 1, 2016).
• Dismissal of standard-setting company in nationwide class action asserting violations of federal and state antitrust laws. B & R Supermarket, Inc. v. Visa, Inc., 2016 WL 5725010 (N.D. Cal. Sept. 30, 2016).
• Affirming dismissal of antitrust claims brought by a surgical group and its physicians against two health management and maintenance associations. Boffa Surgical Group LLC v. Managed Healthcare Associates Ltd., Case No. 2015 IL App (1st) 142984 (Dec. 23, 2015).
• Summary judgment regarding claims of industry-wide price-fixing under California’s Cartwright Act and Unfair Competition Law affirmed on appeal. Clayworth v. Pfizer, Inc., 2012 WL 3596452 (Cal. Ct. App. Aug. 22, 2012). See also Clayworth v. Pfizer, Inc., 49 Cal. 4th 758 (2010).
• Affirming dismissal of RICO and all but one antitrust claim, and summary judgment on remaining antitrust claim of attempted monopolization. Tate v. Pacific Gas & Elec. Co., 94 Fed. App. 529 (9th Cir. 2004).

Class Action Defense

Paul frequently obtains dismissal of class actions or cases entirely, on the pleadings and by summary judgment. He successfully opposes certification of classes brought by businesses and consumers, and he settles claims when appropriate. In addition to antitrust class actions, Paul has defended numerous class actions involving California’s Unfair Competition Law (UCL), Consumer Legal Remedies Act (CLRA), and False Advertising Law (FAL), as well as alleged violation of RICO and other state and federal laws. Many of those cases involved federal multidistrict litigation and coordinated proceedings under state law.

Class Action Representative Experience

• Denial of motion for class certification, Nguyen v. Nissan No. Am., Inc., 487 F. Supp. 3d 845 (N.D. Cal. Apr. 11, 2020), following reversal of prior order denying class certification. Nguyen v. Nissan No. Am., Inc., 932 F.3d 811 (9th Cir. 2019) reversing 2018 WL 1831857 (N.D. Cal. Apr. 9, 2018).
• Dismissal with prejudice of UCL and unjust-enrichment claims, as well as CLRA restitution and injunctive relief claims. Nguyen v. Nissan No. Am., Inc., 2017 WL 1330602 (N.D. Cal. Apr. 11, 2017).
• Dismissal, without leave to amend, of initial complaint in putative nationwide class action claiming RICO violations. Shaw v. Nissan No. Am., Inc., 220 F. Supp. 3d 1046 (C.D. Cal. 2016).
• Denial of motion for class certification. Torres v. Nissan No. Am., Inc., 2015 WL 5170539 (C.D. Cal. Sept. 1, 2015).
• Reversal of denial of injunction of restitution claims released as part of nationwide class settlement. The People of the State of California v. IntelliGender, LLC, 771 F.3d 1169 (9th Cir. 2014).
• Dismissal of drug pricing overcharge claims. Astra USA, Inc. v. Santa Clara County, Cal., 563 U.S. 110 (2011).
• Denial of class certification motion. Astra USA, Inc. v. Santa Clara County, Cal., 257 F.R.D. 207 (N.D. Cal. 2009).

Commercial Litigation

Paul represents and advises companies in financial services, manufacturing, pharmaceuticals, media, solar and other industries on a broad range of issues. He has won plaintiff and defense verdicts before juries in state and federal court, and guided clients in responding to subpoenas from the U.S. Department of Justice and Federal Trade Commission. Paul has been brought in to handle the punitive-damages phase of trial and post-trial motions in challenging cases.

Commercial Litigation Representative Experience

• Dismissal based on lack of Article III standing. Insigne Consulting, Inc. v. Freedom Equity Group, LLC, 2023 WL ____ (C.D. Cal. Jan. 12, 2023).
• Defense verdict in a distributor termination case tried in Silicon Valley against a Fortune 500 company.
• Nonsuit affirmed regarding claims for market-share liability and civil conspiracy to defraud through the manipulation of scientific literature.
• Brought in to try punitive-damages phase after the jury returned a $7.5 million verdict and a unanimous finding of fraud, malice and oppression. In the punitive-damages phase of the trial, the jury awarded only 1.3% of the compensatory verdict. The trial court then granted new trial motion, which was affirmed on appeal and followed by favorable settlement.
• Successfully defended manufacturer against claims by competitor for theft of trade secrets following hiring of competitor’s former employee.
• Favorably resolved suit against software development company regarding claims for breach of contract for development of software for a global information services company.
• Successful defense of a national automotive tool manufacturing company in more than 50 cases brought by dealers alleging violation of the Seller Assisted Marketing Plan Act.
• Summary judgment regarding claims under the Independent Wholesale Sales Representative Contractual Relations Act.
• Multimillion-dollar jury award representing the plaintiff in a fraud case.
• Successful jury trial defense of national franchisor regarding exclusive-territory claims.

Personal Interests

Paul is a lifelong surfer and a founding board member of SurfAid, a 20-plus year old international humanitarian aid nonprofit organization. He has biked to work for over 25 years and has been a Golden State Warriors season ticket holder for over 30 years.