John (Jack) F. McLean
University of Wisconsin, Madison, J.D., 1972 (Order of the Coif; Law Review)
Dartmouth College, Hanover, NH, B.A., 1965 (Economics with Distinction)
Jack McLean is counsel with Bartko Zankel Bunzel & Miller with extensive experience in class actions and complex litigation, and antitrust and Foreign Corrupt Practices Act counseling and compliance since 1973. Earlier in his career, he 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. Since then he has participated as defense counsel in numerous antitrust cases, defended individuals in antitrust grand jury investigations and related civil cases.
Recently notable: Mr. McLean 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., Case No. CR-06-0692 PJH). After a four-week jury trial, the jury hung at 10 to 2 in favor of Mr. Swanson, and the DOJ decided that it would not retry Swanson. Jack was also part of the trial team that successfully defended a company in a 7.5 week civil jury trial in Federal Court before Judge Ware (N.D. Cal., Case No. 04-CV-02266 JW) against federal and state antitrust and commercial bribery charges. More recently, Jack conducted an antitrust litigation risk and compliance review and prepared a report for a company in the health care industry.
Mr. McLean 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).
Participating editor of update of the “Premerger Notification Practice Manual” by Section of Antitrust Law of the American Bar Association (3 ed. 2003).
“Maximum Resale Price Maintenance Under the Cartwright Act” (B.C. Burr and F.W. Huang, co-authors) in Competition, The Journal of the Antitrust and Trade Regulation Section of the State Bar of California (8 Competition 57 (Spring 1999)).
“Antitrust and Business Tort Claims,” 1 California Antitrust Law (Second) 166 (J.M. Shohet and A.F. Hasse eds. 1997).
“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,” (F.W. Huang, co-author) Pillsbury Madison & Sutro LLP (http://www.pillsburylaw.com/articles/index.html, November 1997).
“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).
“Safe from antitrust claims? Don’t bet on it,” Reinsurance Reporter 12 (Melisa M. Pineiro co-author) (No. 144, 3d Quarter 1995).
“Antitrust Violations and Compliance Programs” in Crimes Against Business (Jules B. Kroll ed. 1979).