David Johnson represents clients in antitrust and securities litigation, government investigations, and complex commercial disputes.

In September 2022, AmLaw honored Mr. Johnson and other members of a Latham trial team with the coveted designation of Litigators of the Week for their historic victory against the Federal Trade Commission in a four-week trial over the US$8 billion merger of Illumina, Inc. and GRAIL, Inc., the first victory of its kind before the FTC’s own Chief Administrative Law Judge. 

Mr. Johnson represents companies, individuals, and organizations in a wide range of litigation and regulatory matters, including:

  • Business-to-business antitrust lawsuits
  • Antitrust class actions
  • Antitrust multi-district litigation
  • Securities class actions
  • Deceptive trade practices lawsuits
  • Governmental investigations (DOJ, FTC, state attorneys general)
  • Antitrust counseling

Mr. Johnson’s antitrust litigation work has covered a wide range of conduct and merger challenges, including allegations of price-fixing, group boycotts, conspiracies among buyers (monopsonization), monopolization, and other allegations under Sections 1 and 2 of the Sherman Antitrust Act, and Section 7 of the Clayton Act.

Mr. Johnson’s experience spans many industries, including digital platforms, online media, bio-tech, agribusiness, and automotive, among others. 

Prior to joining Latham, Mr. Johnson served as a law clerk to United States District Judge James C. Cacheris of the Eastern District of Virginia, served as judicial extern to United States Circuit Judge Steven G. Agee of the US Court of Appeals for the Fourth Circuit, and completed internships at the US Department of Justice in Washington, D.C., and the Vermont Attorney General’s Office.

Prior to law school, Mr. Johnson assisted small businesses in Panama as a US Peace Corps Volunteer.

Mr. Johnson’s experience includes representing:

Antitrust and Merger Litigation

  • Union Pacific Railroad, a Class I railroad, in federal court multi-district litigation alleging price-fixing claims In re Rail Freight Fuel Surcharge Antitrust Litigation (No. II) (D.D.C.)
  • United States Sugar Corp., an agricultural products company, in four-day trial against US Department of Justice challenging acquisition of Imperial Sugar by U.S. Sugar
  • GRAIL, Inc., a bio-tech genomics company, in defeating the Federal Trade Commission in a four-week trial challenging the US$8 billion acquisition of GRAIL by Illumina – In the Matter of Illumina, Inc. & GRAIL, Inc. (F.T.C.)
  • Agrium, a chemical and agricultural products company, in winning Federal Trade Commission approval of US$36 billion merger of equals with PotashCorp to form company Nutrien
  • Radio Music License Committee, a commercial radio trade association, in federal court litigation alleging competing monopoly and monopsony cartel claims – RMLC v. Global Music Rights (C.D. Cal.)
  • Dairy Farmers of America, an agricultural cooperative, in federal court litigation alleging conspiracy and monopsony claims – Sitts et al. v. Dairy Farmers of America (D. Vt.)
  • Delphi Automotive, an automotive products company, in one of the largest and most complicated multi-district class action litigations ever filed – In re Auto Parts Antitrust Litigation (E.D. Mich.)
  • CoStar Group, a commercial real estate information and analytics company, in federal bankruptcy court litigation regarding break-up fee from abandoned acquisition of RentPath by CoStar

Securities Litigation

  • Stride, Inc. (f/k/a K12), an education technology company, in winning complete dismissal of securities class action regarding statements related to the company’s ability to meet increased demand following the outbreak of the COVID-19 pandemic

    SandRidge Energy founder and former CEO in winning dismissal of ERISA class action in federal court, as well as partial dismissal of two related securities class actions concerning the company’s oil and gas production projections

Complex Commercial Litigation

  • Charter Communications in litigation against the New York Attorney General regarding allegations of consumer fraud and false advertising relating to internet services

Mr. Johnson’s recent publications include:

  • Review Editor, ABA, Business and Corporate Litigation Committee, Class Action Law, in Recent Developments in Business and Corporate Litigation (2018)
  • “Ninth Circuit Nixes Immediate Appeals of Denials of State Action Immunity,” Latham & Watkins Client Alert (June 2017)

Bar Qualification

  • District of Columbia
  • Virginia

Education

  • JD, Washington & Lee University School of Law
    summa cum laude, Order of the Coif
  • Master’s in Applied Economics, Illinois State University
  • Bachelor of Business Administration, Colorado State University