Jess M. Krannich

Commercial Litigation

• Litigation counsel to international electronic funds transfer network in antitrust suit against competitor related to competitor’s monopolization of the debit card network services market. Secured landmark appellate decision reversing adverse ruling by the district court.
• Litigation counsel to international publicly-traded pharmaceutical company and defense lead in largest consolidated lawsuit in state history defending claims arising from alleged product, labeling, branding, and advertising defects of prescription pharmaceutical.
• Plaintiff's counsel to portfolio company in lawsuit alleging tens of millions in damages arising from fraud claims and various business torts. Obtained injunctive and receivership orders and full judgment and fee award following successful motion for terminating sanctions.*
• Litigation counsel to globally-traded professional services and insurance company defending claims including breach of contract, fraud, construction defect, and insurance disputes and allegations of 9-figure damages. Successful defense resulted in dismissal of all claims with prejudice and zero liability.*
• Defense counsel for BP plc in case alleging regulatory and tort claims and 9-figure damages. Obtained summary judgment and dismissal of entire lawsuit following close of discovery.
• Plaintiff’s counsel to global payment solutions company in case involving violations of restrictive covenants and breach of contract. Successfully prosecuted claims seeking hundreds of millions in damages and obtained temporary restraining order and preliminary injunction, followed by favorable settlement.*
• Litigation counsel to biotechnology company in commercial litigation dispute involving failed development of large-scale, state-of-the-art industrial chemistry and laboratory facility.
• Plaintiff’s counsel to CEO, founder, and director of high-profile technology company in action arising from corporate takeover by minority directors and shareholders. Obtained injunctive order, followed by favorable settlement.
• Plaintiff’s counsel to Sotheby’s International Realty in breach of contract action arising from development of Utah’s premier luxury golf community. Won declaratory judgment on all claims, dismissal of all counterclaims, and fee award.
• Litigation counsel to multistate healthcare provider and hospital system, including the successful prosecution of two contentious, 8-figure payor contracting disputes, each resulting in a full recovery of both damages and fees and costs and a strategically beneficial reworking of payor contracting relationships.*
• Trial counsel for largest international fast-food franchising corporation in 9-figure lawsuit involving business disputes and tort claims. Obtained directed verdict following five-week jury trial, including on trademark infringement counterclaims.
• Defense counsel for Big Four accounting firm in 9-figure case involving alleged improper valuation of healthcare conglomerate purchased by plaintiff. Successfully moved for summary judgment on some claims and prevailed on remaining claims following jury trial, resulting in verdict finding no liability or damages.
• Defense counsel for international consumer goods company in case involving allegations of breach of contract and corporate disparagement and tens of millions in damages. Obtained dismissal with prejudice of all claims following summary judgment proceedings.*
• Trial counsel to BDO USA, LLP in 9-figure lawsuit alleging professional malpractice and breach of contract brought by former client involved in international jewelry manufacturing and sales. Obtained award of no liability and zero damages following four-week arbitration.
• Lead litigation counsel for international automotive parts manufacturer in various post-bankruptcy actions. Successfully obtained dismissal of multiple actions in state and federal court against both pre- and post-bankruptcy entities.

Intellectual Property

• Plaintiff’s counsel to Route App, Inc. in cases involving breaches of restrictive covenants, tortious interference, and Lanham Act violations and alleging tens of millions in damages. Obtained ruling enforcing all restrictive covenants; litigation remains ongoing.
• Plaintiff's counsel to California-based genomics company in trade secret and licensing dispute against Boston-based competitor involving cutting-edge genomics technology. Obtained favorable monetary settlement and long-term licensing deal following favorable early rulings and discovery.*
• Defense counsel to international medical products company in action for trade secret misappropriation, non-disclosure and non-compete violations. Obtained highly favorable settlement and long-term licensing agreement following post-discovery mediation.*
• Lead litigation counsel to international software and telecommunications company, in lawsuit for trade secret misappropriation, tortious interference, and violations of restrictive covenants. Obtained temporary restraining order and preliminary and permanent injunction followed by favorable settlement.*
• Lead litigation counsel to Ivanti, Inc. in litigation brought against competitor alleging patent infringement and trade secret violations and tens of millions in damages. Favorable settlement obtained following favorable early rulings and discovery.
• Defense counsel for international, Fortune 500 telecommunications corporation in consolidated lawsuit involving claims of patent infringement, to correct inventorship, breach of contract, and fraud and hundreds of millions in damages. Obtained summary judgment and dismissal of entire lawsuit following five years of litigation, including two appellate victories in the Federal Circuit.
• Litigation counsel to Silicon Valley-based biotechnology company in high-profile consolidated multidistrict action for alleged infringement of cancer screening patents. Successfully defended motion for preliminary injunction and appeal of order denying same and obtained dismissal of all claims following order from Federal Circuit finding sister patents invalid.*
• Defense counsel to New York-based technology company in high-profile copyright infringement case brought by Utah broadcasters concerning cutting edge live-streaming software.*
• Litigation counsel to New York-based financial services and securities company in copyright infringement action, resulting in favorable resolution and long-term licensing agreement.*
• Plaintiff's counsel to software company prosecuting patent infringement claims relating to aerial mapping technology and multiple method patents in lawsuit seeking recovery of 9-figure damages.
• Defense counsel to Silicon Valley-based software and consumer products company in lawsuit alleging claims of patent infringement. Favorable settlement obtained following favorable early rulings and discovery.*
• Defense counsel to portfolio company in patent infringement matter brought against oil and gas distributor alleging infringement of multiple patents. Obtained dismissal following favorable Supreme Court decision in related case.*
• Plaintiff’s counsel to educational technology company in actions involving breaches of licensing agreements and trade secret violations by competitors, resulting in highly favorable settlements and long-term licensing deals.*

Class Action and Multi-District Litigation

• Litigation counsel to JUUL Labs, Inc. in multidistrict litigation involving alleged deceptive marketing and products liability claims and billions in alleged damages. Oversaw preparation of lead bellwether case for trial; obtained favorable settlement on eve of trial.
• Defense counsel to an international, Fortune 500 telecommunications company in multiple class action securities fraud and related shareholder derivative actions. Representation included ongoing advice and counseling of multiple executives and the Board of Directors concerning SEC regulatory and compliance matters and favorable judgments and dismissals with prejudice in multiple securities fraud and shareholder derivative lawsuits alleging in excess of $1.3 billion in damages.
• Defense counsel to international consumer products company in "bet-the-company" class action lawsuit involving claims for alleged violations of pyramid scheme laws and various torts and hundreds of millions in damages. Successfully defended class allegations and obtained denial of class status, resulting in savings of hundreds of millions of dollars.
• Trial counsel for international nutritional supplement manufacturer and distributor in class action consumer fraud and false advertising lawsuit seeking hundreds of millions in damages. Obtained ruling limiting class and highly favorable class settlement shortly before trial.*
• Litigation counsel to Owlet Baby Care, Inc. in "bet-the-company" class action lawsuit alleging product defects, false advertising, and 9-figure damages. Obtained dismissal with prejudice following motion practice, resulting in zero liability.*

Regulatory

• Litigation counsel to international technology company in matter involving regulatory disputes and alleged violations of FTC Act and prior consent decree. Matter resolved favorably and with no damages or penalties paid following months-long investigation and negotiation while in a litigation posture.
• Litigation counsel to global payment solutions company on matters involving regulatory disputes and alleged violations of the FTC Act. Successfully prosecuted declaratory judgment action brought by the company against the FTC, resulting in favorable settlement and dismissal of the FTC's claims.*
• Outside and litigation counsel to international, publicly-traded nutrigenomics company providing counsel and strategic advice to executives and Board of Directors on various regulatory matters including securities, the FTC Act, and various international matters involving FCPA compliance.*
• Outside and litigation counsel to employee recognition software company on various regulatory matters including FTC and competition issues.
• Outside and litigation counsel to multistate healthcare provider and hospital systems on various matters involving regulatory compliance, including Sunshine Act and privacy disputes.*
• Outside and litigation counsel to Utah-based medical products company providing advice and strategy to executives and Board of Directors on various regulatory and litigation matters, including compliance with EPA regulations and the FTC Act, internal investigations, and unfair competition claims.*
• Outside and litigation counsel for international, Utah-based sports and entertainment company in securities investigation and various related regulatory matters.*
• Outside counsel to international software company providing advice and representation on various regulatory and compliance matters including FCPA compliance and unfair competition issues.*

*Matters prior to joining Kirkland

Appointed by Seventh Circuit Court of Appeals as lead counsel to represent pro bono clients in two appeals involving significant, first-impression issues of constitutional and criminal law.

Appointed by Ninth Circuit Court of Appeals as lead counsel to represent pro bono client in civil rights lawsuit. Secured reversal of adverse district court decision and remand to district court.