John S. Gibson, Partner Orange County
jgibson@crowell.com
Phone: +1 949.798.1330
3 Park Plaza, 20th Floor
Irvine, CA 92614-8505

John S. Gibson is a save-the-company trial lawyer who thrives and succeeds in crisis situations for clients ranging from tech companies to pro sports teams. John partners with clients to help them maximize leverage and become more successful. He has over 25 years of litigation experience. He is a partner in the firm's Antitrust Group, where he focuses on complex litigation involving competition, technology, patents, standard-setting, health care, and a variety of other issues and industries. John has handled some of the most significant cases of the day at the intersection of antitrust and technology. Clients describe John as a "truly gifted orator," a "tremendous value-add," and the "complete package."

Clients for whom he has won major cases are a veritable who's who of Fortune 500 and top international companies. He also represents clients in high-stakes dealings with federal and state antitrust enforcement agencies. And his practice includes successful post-trial rescue missions and appeals for companies facing substantial jury verdicts, adverse court awards, or other high-risk situations. John is rated AV Preeminent 5.0 out of 5.0 by Martindale-Hubbell. This is Martindale's top rating, reflecting practice "at the highest level of professional excellence."* John is also a fellow in The Litigation Counsel of America honorary society for trial lawyers. And he is listed as one of The Best Lawyers in America (2013-2017 editions). John is the co-chair of the firm's Diversity Council and serves the firm on several key management board and practice group leadership committees.

Representative examples of his practice include:

  • Representing a leading technology company in precedent-setting antitrust and contract litigation to determine FRAND (fair, reasonable, and non-discriminatory) licensing terms for a worldwide portfolio of standard-essential mobile-telecommunications patents. Won summary judgment for client on the Unfair Competition Law claim; recently completed trial on the FRAND licensing issues.
  • Served as lead trial counsel for the Los Angeles Clippers basketball franchise in historic litigation against former owner Donald Sterling, whose allegedly racist remarks caused the NBA to ban him from managing the team. Winning the trial helped rescue the team by forcing a widely-acclaimed sale of the team to former Microsoft CEO Steve Ballmer. The crisis management and resolution also avoided a potential walkout of the NBA’s star players.
  • Won motion to dismiss leading mobile-device maker in federal antitrust litigation over company's role in technical standard-setting for 4G-LTE mobile technology — thus defeating a threatened injunction against launch of the company’s 4G devices.
  • Won summary judgment for industry-leading distributor of medical and surgical supplies in federal antitrust litigation over pricing policies.
  • Represented a top healthcare company in federal antitrust litigation over competitive business practices.
  • Represented a top Web-browser maker in IP and standard-setting issues regarding the next-generation hypertext markup language (HTML) for the World Wide Web.
  • Eliminated 95 percent of the largest antitrust jury verdict in the U.S. through a rescue mission by taking over the case after trial.
  • Won judgment N.O.V., eliminating a $10 million jury verdict in a commercial real estate case, by taking over the matter after trial.
  • Defeated $2 billion in federal antitrust claims before trial for a Fortune 10 company in multiple cases brought by a putative class of the company's thousands of domestic distributors/retailers.
  • Won a high-profile trial defending the country's second-largest school district against a claim seeking $26 million in damages regarding development of an historic site in Los Angeles.
  • Turned the tables for one of the top companies in Asia by taking over declaratory relief litigation that another firm had lost for the company. Prevented Plaintiff from using collateral estoppel against the company in a second action for $30 million in damages.
  • Won summary judgment for a major airline in defending against the general contractor's construction-delay and fraud claims in federal court. The lawsuit involved a $40 million project at a major international airport.
  • Defeated a significant lease pass-through liability for a major bank that was the anchor tenant in a downtown office building affected by an assessment for commercial asbestos-abatement and fire-sprinkler retrofit work. Also recovered attorney's fees and costs for the client in the highly-publicized arbitration proceeding.

John also served as in-house counsel and vice president for companies formed by the Robert M. Bass Group while helping to liquidate more than $6 billion in "bad bank" assets formerly held by American Savings & Loan Association.

In addition to private practice, John is very involved in the community. He has served on the Executive Committee and Board of Directors of the Constitutional Rights Foundation. And he has handled significant pro bono matters, including a litigation victory in which he obtained the first federal court order in the U.S. requiring a school district to accommodate the service dog of a student with autism. John has also been a volunteer youth basketball coach.

John holds a J.D. from the University of Michigan Law School, where he was a member of the Law Review, and an A.B. from Harvard College, where he was a John Harvard Scholar (top 5 percent of undergraduate students). After law school, he clerked for the Honorable John Feikens, United States District Judge for the Eastern District of Michigan. John was also a NCAA Division I student-athlete in basketball, and he was a high school teammate of NBA Hall-of-Famer Magic Johnson. He was selected Honorable Mention on the McDonald's High School All-American Basketball Team by a panel that included legendary coach John Wooden.



Affiliations

Admitted to practice: California

(*AV Preeminent is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.)



Highlights, News & Knowledge


Speeches & Presentations

  • "Recent Developments in Patent Laws," U.S. - China Intellectual Property Summit, Los Angeles, CA (October 13, 2017). Speaker: John S. Gibson.
  • "Get Your Swagger On: How to Roll With Style and Quiet Confidence," California Minority Counsel Workshop, Irvine, CA (July 19, 2017). Presenter: John S. Gibson.
  • "SEPs and FRAND: The US Approach," EU Competition Law: Current Issues in a Global Context, Brussels, Belgium (May 20, 2016). Presenter: John S. Gibson.
  • "Winning as a Team!" California Minority Counsel Program 26th Annual Business Conference, Los Angeles, CA (October 22, 2015). Presenter: John S. Gibson.
  • "Standards-Essential Patents and Competition Law," Queen Mary/Crowell & Moring Global Competition Conference, Brussels (May 2014). Speaker: John S. Gibson.
  • "Trying Your First Case: A Practitioner's Guide," American Bar Association Litigation Section Annual Conference (April 10, 2014). Speaker: John S. Gibson.
  • "Litigation Forecast Antitrust Webinar: Litigating SEPs and FRAND Terms," Crowell & Moring Webinar (February 12, 2013). Presenters: John S. Gibson, Mark A. Klapow, Beatrice B. Nguyen, and M. Brinkley Tappan.


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Firm News & Announcements

Oct.31.2017 Super Lawyers Recognizes 79 Crowell & Moring Lawyers Across United States
Oct.31.2017 The Best Lawyers in America 2018 Recognizes 40 Crowell & Moring Lawyers
Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Aug.18.2016 The Best Lawyers in America 2017 Recognizes 38 Crowell & Moring Attorneys
Mar.08.2016 Litigation Note: Crowell & Moring Wins Tying and Exclusive Dealing Case on Summary Judgment
Dec.18.2015 Crowell & Moring Establishes Endowed Diversity Scholarship at the University of California, Irvine School of Law
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Aug.25.2015 The Best Lawyers in America 2016 Recognizes 39 Crowell & Moring Attorneys
Aug.28.2014 The Best Lawyers In America 2015 Recognizes 40 Crowell & Moring Attorneys
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Jan.29.2013 Crowell & Moring Releases Report, "Litigation Forecast 2013"
Sep.04.2012 The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Mar.28.2012 Crowell & Moring Boosts Antitrust Litigation Practice in California