Jack McLean is Of Counsel to the firm. He has extensive experience in class actions and complex litigation as well as in antitrust and Foreign Corrupt Practices Act counseling and compliance. Mr. McLean has participated as defense counsel in numerous antitrust cases and represented individuals in antitrust grand jury investigations and related criminal and civil cases.
Jack was the antitrust instructor at the University of California, Davis, School of Law for the school’s Extension basic program for foreign lawyers, “Orientation in U.S.A. Law” and the masters MCL International Law Program (1995-2009).
Jack was counsel to a corporate defendant in the Paperboard, Corrugated Box, Fine Paper, Paperboard and Milk Carton cases which involved antitrust criminal investigations and class litigation.
Jack was co-counsel for the defense of Gary Swanson, Sr. Vice President for Sales of Hynix America, who was charged with price-fixing of DRAM memory chips in United States v. Gary Swanson (N.D. Cal. 2006, Case No. 06-CR-0692 PJH). After a four-week jury trial, the jury hung at 10 to 2 in favor of Mr. Swanson and the Department of Justice decided not to retry Mr. Swanson.
Jack was part of the trial team that successfully defended a company against federal and state antitrust and commercial bribery charges in a 7 1/2 week civil jury trial which was confirmed on appeal. Advanced Microtherm, Inc. v. Norman Wright Mechanical Equip. Corp. (USDC, N.D. Cal. 2004, Case No. 04-CV-02266-JW); affirmed 525 Fed.Appx. 612, 2013 WL2350469, 2013-1 Trade Cases ¶ 78, 401 (9th Cir. 2013).
A significant portion of Jack’s practice over the years has involved counseling clients in advance of engaging in business activities in order to help them achieve their goals while managing the attendant antitrust risks.
Jack has conducted numerous antitrust compliance programs in many industries, including hi-tech, heavy construction equipment, shipping lines, forest products from the trees to various paper products, food manufacturing, corporate farming, consumer products, and insurance. These programs have included one or more of the following activities: document and plan reviews, management interviews, written analysis of risks and recommended solutions, in-house compliance program materials and presentations (including movie scripts).
Recently, Jack conducted an antitrust litigation risk and compliance review, and prepared a report for a company in the health care industry.
Most recently, Jack prepared an evaluation and report for another company in the health care industry regarding potential litigation risks and prospects.