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  3. | John "Jack" McLean

John "Jack" McLean

Of Counsel

San Francisco

  • 415.956.1900
  • 415.291.4597
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Jack McLean is Of Counsel at Bartko Pavia LLP and member of the Litigation Practice. He specializes in business litigation, antitrust matters, class actions, white-collar crime, government investigations, and international litigation. With over 50 years of experience in practicing antitrust law, Jack has tried three antitrust cases before juries while at Bartko, all resulting in favorable verdicts for the defense. These cases included a class action, a two-party litigation, and a criminal price-fixing case involving a U.S. executive.

In addition to his trial experience, Jack has extensive expertise in antitrust counseling and the development of compliance programs. His core principle is to help clients achieve their business objectives while identifying and managing antitrust risks.

Before attending law school, Jack served four years in the U.S. armed forces where he completed tours in Vietnam as an infantry advisor to the Vietnamese. During law school, Jack gained experience working for a labor law firm, a Wall Street firm, and as the Legal Counsel to the Governor of Wisconsin. Jack joined Pillsbury Madison & Sutro as an associate in June 1972, became a partner in 1980, and left the firm in 1999 to start his own private practice. After successfully defending his client against criminal price-fixing charges as co-counsel with Bartko, Jack joined Bartko as Of Counsel and laid the foundation for Bartko’s growth of its antitrust practice.

Over the years, Jack has conducted numerous antitrust compliance programs in many industries, including high-tech, heavy construction equipment, ocean freight shipping lines, forest products from trees to various wood and paper products, food manufacturing, corporate farming, consumer products, real estate MLSs, and insurance. These programs have included one or more activities: document and business plan reviews, management interviews, written analysis of risks and recommended solutions, in-house compliance program materials, and presentations (including movie scripts for training programs). As an offshoot of an antitrust compliance program for an international equipment manufacturer, Jack also conducted an investigation, prepared a report, and gave training on the dos and don’ts of the Foreign Corrupt Practices Act.

Recently, Jack conducted an antitrust litigation risk and compliance review and prepared a report for a company in the healthcare industry. He also prepared an evaluation and report for another company in the healthcare industry regarding potential litigation risks and prospects. Most recently, Jack has been part of the Bartko antitrust team advising a manufacturer of electric vehicles concerning antitrust issues on proposed conduct.

Jack also has experience in the classroom having served as 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).

Outside of work, Jack is a proud father and grandfather who strongly believes that having a sense of humor and maintaining a positive attitude are essential for happy and long-lasting life. His philosophy is simple: “The alternative to growing older is not very good, so I intend to grow older but not to grow up.” For a contemporary perspective on this philosophy, Jack recommends Toby Keith’s song “Don’t Let the Old Man In,” which is featured in Clint Eastwood’s movie “The Mule.” Keith wrote the song after playing golf with Eastwood, who, at 88, shared that it reflects his approach to staying active as he ages.

Credentials

Education

  • University of Wisconsin, Madison, J.D. (Order of the Coif and Law Review)
  • Dartmouth College, B.A. with Distinction

Bar Admissions

  • State Bar of California

Court Admissions

  • US Supreme Court
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US District Court for the Northern District of California
  • US District Court for the Eastern District of California
  • US District Court for the Central District of California

Recognitions

  • Martindale-Hubbell Peer Review, AV Rating, 5 Stars

Experience

  • While at PM&S, Jack was counsel to a corporate defendant in the Paperboard, Corrugated Box, Fine Paper, and Milk Carton cases which involved antitrust criminal investigations and class litigation. He also represented a Silicon Valley computer manufacturer in an SEC investigation and subsequent class action involving revenue recognition issues–both of which were successfully settled. Along the way, he did the groundwork for a product liability case against an earth-moving heavy equipment manufacturer which settled favorably. He represented the owner of several cemeteries and funeral homes and convinced five Bay Area District Attorneys to drop potential criminal and civil charges relating to the management of related trust accounts. Later, he convinced the California AG’s office, and then the Marin County and City of San Rafael, to drop proposed actions involving the cemeteries and trust accounts.
  • Jack collaborated as co-counsel with John Bartko and Rob Bunzel for the defense of his client Gary Swanson, the 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, with Rob Bunzel and Michael Abraham, was part of the Bartko trial team that successfully defended an HVAC company against federal and state antitrust and commercial bribery claims 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); certiorari den. 571 U.S. 1127 (Jan. 13, 2014).
  • Jack was a member of the Bartko team that successfully defended a significant California healthcare system defendant in a 5-week antitrust class action jury trial in the Northern District of California, at the close of which the nine-member jury returned a unanimous defense verdict, finding that the firm’s client did not tie its hospital services together and did not force insurance companies to contract with the system on allegedly anticompetitive terms.
  • In 2019, Jack was part of the Bartko team who represented a large Northern California healthcare system in an antitrust case brought by the California AG and a certified class, which settled just after a San Francisco jury was seated.

Insights

Press Release

05, June 2023

Hospitals Score Another Massive Victory Against the Blues as Court Rejects Insurance Companies’ Second Attempt to Dismiss Healthcare Providers’ Antitrust Claims

San Francisco, CA – In a June 5, 2023 Order, only made available on the public docket late June 6, 2023, the Honorable Evelio Grillo of the Alameda Superior Court, in VHS Liquidating Trust, et al. v. Blue Cross Blue Shield Association, et al., Case Number RG21106600, issued a comprehensive Order resoundingly rejecting the Defendant Blues’ second attempt to dismiss the Plaintiffs’ claims.

Press Release

01, June 2022

Court Rejects Insurance Companies’ Effort to Dismiss Antitrust Claims and Limit Damages of Healthcare Providers

San Francisco, CA – On June 1, 2022, the Honorable Evelio Grillo of the Alameda Superior Court, in VHS Liquidating Trust, et al. v. Blue Cross Blue Shield Association, et al., Case Number RG21106600, issued two comprehensive orders that emphatically rejected the Defendants’ attempts to dismiss the Plaintiffs’ claims and limit their potential damages.

Publications

11, February 2021

John McLean and Patrick O’Shaughnessy Publish Article in the Daily Journal on Criminal Antitrust Offenses in the Labor Market

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the Los Angeles and San Francisco Daily Journal highlighting how the U.S. Department of Justice is following through on its warning to proceed criminally against wage-fixing and no poaching agreements.As quoted in a 2017 Daily Journal article, the federal antitrust agencies were serious when they warned: “DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements [in the labor markets]. These types of agreements eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct.” View the pdf article in its entirety.

Publications

04, February 2021

Labor market criminal antitrust offenses in the crosshairs

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the Los Angeles and San Francisco Daily Journal highlighting how the U.S. Department of Justice is following through on its warning to proceed criminally against wage-fixing and no poaching agreements.As quoted in a 2017 Daily Journal article, the federal antitrust agencies were serious when they warned: “DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements [in the labor markets]. These types of agreements eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct.” View the pdf article in its entirety.

Publications

10, August 2020

Analyzing Ixchel v. Biogen’s new rules

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the San Francisco and Los Angeles Daily Journal analyzing two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc. Last week, the California Supreme Court established two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc., 2020 DJ-DAR 8084 (Aug. 3, 2020). For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant’s conduct was itself illegal, apart from the “interference.” For claims that certain non‑compete contracts between businesses violate Business and Professions Code Section 16600, plaintiffs must plead facts suggesting the contracts were anticompetitive under the “rule of reason” standard. Read the PDF article in its entirety.

Publications

24, June 2020

John McLean and Patrick O’Shaughnessy Publish Article in the Daily Journal on Analyzing Ixchel v. Biogen’s New Rules

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the San Francisco and Los Angeles Daily Journal analyzing two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc.Last week, the California Supreme Court established two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc., 2020 DJ-DAR 8084 (Aug. 3, 2020). For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant’s conduct was itself illegal, apart from the “interference.” For claims that certain non‑compete contracts between businesses violate Business and Professions Code Section 16600, plaintiffs must plead facts suggesting the contracts were anticompetitive under the “rule of reason” standard. Please view pdf article in its entirety.

Press Release

13, January 2014

Antitrust Victory Secured in SCOTUS

January 13, 2014 – The United States Supreme Court denied a writ of certiorari today, ending an 11-year legal fight that resulted in an 8-week jury trial win for the firm and its client Norman Wright Mechanical of Brisbane, CA.  Plaintiffs sought the last resort of Supreme Court review to overturn the jury’s unanimous finding for our client that it did not violate competition laws in the California HVAC markets. The team of Rob Bunzel, Jack McLean, Michael Abraham and Bill Edlund all contributed to the win.

Press Release

04, June 2013

Ninth Circuit Victory Obtained in Advanced Microtherm, et al v. Norman S. Wright Mechanical Equipment Antitrust Case

On May 30, 2013, the team of Robert Bunzel, Michael Abraham, John McLean and William Edlund obtained confirmation of their prior federal district court verdict in an antitrust decision issued by the Ninth Circuit Court of Appeals. View a PDF copy of the decision.

Publications

  • Labor market criminal antitrust offenses in the crosshairs
    Co-Author of article published in the Los Angeles & San Francisco Daily Journal (February 2, 2021)
  • Analyzing Ixchel v. Biogen’s new rules
    Co-Author of article published in the Los Angeles & San Francisco Daily Journal (August 11, 2020)
  • Antitrust Agencies’ “Guidance for Human Resource Professionals” Threatens Criminal Prosecution
    Author of original article published in the San Francisco Daily Journal (February 13, 2017) titled “HR should heed DOJ antitrust guidance.”
  • Participating Editor, Update of Premerger Notification Practice Manual published by the Section of Antitrust Law of the American Bar Association (3rd ed. 2003).
  • Author, “Raising the Threshold,” San Francisco Daily Journal (March 2001).
  • Author, “Tricky Transactions,” San Francisco Daily Journal (October 1999).
  • Co-Author, “Maximum Resale Price Maintenance Under the Cartwright Act,” Competition, The Journal of the Antitrust and Trade Regulation Section of the State Bar of California (8 Competition 57 (Spring 1999)).
  • Author, “Antitrust and Business Tort Claims,” 1 California Antitrust Law (Second) 166 (J.M. Shohet and A.F. Hasse eds. 1997).
  • Co-Author, “Implications of U.S. Supreme Court Decision That Vertically Imposed Maximum Resale Price Restrictions Should Be Tested Under the Rule of Reason, Not Per Se Rule,” Pillsbury Madison & Sutro LLP (http://www.pillsburylaw.com/articles/index.html, November 1997).
  • Author, “Price Discrimination and Secret Rebates Under California Law After ABC Traders International, Inc. v. Matsushita Electric Corporation of America,” Pillsbury Madison & Sutro LLP (http://www.pillsburylaw.com/articles/index.html, July 1997).
  • Co-Author, “Safe from Antitrust Claims? Don’t Bet on It,” Reinsurance Reporter 12 (No. 144, 3d Quarter 1995).
  • Author, “Antitrust Violations and Compliance Programs,” Crimes Against Business (Jules B. Kroll ed. 1979).

Areas of Focus

Practices

  • Litigation

Industries

  • Healthcare
  • Technology

Insights & News

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

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Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Honors and Awards

26, November 2025

Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

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Media Mentions

30, May 2025

Zest Labs $222M Verdict Gains Widespread Media Coverage

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Honors and Awards

01, January 2025

Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings

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Press Release

31, May 2019

Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.

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Press Release

01, August 2025

Bartko Pavia Continues Strategic Expansion with Addition of Antitrust Partner Ian Papendick

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Media Mentions

05, February 2024

Bartko Pavia Obtains Defense Win in Uber Trade Secret Case

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Honors and Awards

24, January 2024

Patrick M. Ryan Named Leading Commercial Litigator

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Press Release

14, May 2025

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

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Honors and Awards

08, November 2023

Bartko Pavia Ranked Top Litigation Boutique

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Press Release

11, March 2022

Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action

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Press Release

07, February 2023

Bartko Pavia Clients Win $680 Million Francesca Naify Case

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Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Honors and Awards

26, November 2025

Patrick M. Ryan Named to Daily Journal’s 2025 “Top Antitrust Lawyers” List

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

Learn more

Media Mentions

30, May 2025

Zest Labs $222M Verdict Gains Widespread Media Coverage

Learn more

Honors and Awards

01, January 2025

Bartko Pavia Earns Recognition in 2025 Best Law Firms® Rankings

Learn more

Press Release

31, May 2019

Bartko Pavia Firm Obtains $845,114,000 Judgment for ASML Against XTAL, Inc.

Learn more

Press Release

01, August 2025

Bartko Pavia Continues Strategic Expansion with Addition of Antitrust Partner Ian Papendick

Learn more

Media Mentions

05, February 2024

Bartko Pavia Obtains Defense Win in Uber Trade Secret Case

Learn more

Honors and Awards

24, January 2024

Patrick M. Ryan Named Leading Commercial Litigator

Learn more

Press Release

14, May 2025

Bartko Pavia’s Patrick M. Ryan obtains $222 million jury verdict against Walmart

Learn more

Honors and Awards

08, November 2023

Bartko Pavia Ranked Top Litigation Boutique

Learn more

Press Release

11, March 2022

Bartko Pavia Scores Huge Defense Jury Verdict in $411 Million Sutter Health Antitrust Class Action

Learn more

Press Release

07, February 2023

Bartko Pavia Clients Win $680 Million Francesca Naify Case

Learn more

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Honors and Awards

17, May 2023

Patrick M. Ryan Ranked Top IP Lawyer

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

View all Insights

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