Jess M. Krannich
Practices
- Litigation
- Intellectual Property
- Advertising, Marketing & Promotions
- Copyright Litigation & Counseling
- Patent Infringement Litigation
- Trade Secrets Litigation
- Trademark Litigation & Counseling
- Class Action Litigation
- Consumer Protection
- Crisis Response
- Government, Regulatory & Internal Investigations
- Product Liability
- Securities Litigation
- Trials
Overview
Jess M. Krannich is a partner in the Salt Lake City office of Kirkland & Ellis LLP. Jess is a litigator, trial lawyer, and trusted advisor who has significant experience representing clients in many types of complex civil disputes. His matters often involve high-stakes litigation, the management of acute legal crises, and the implementation of interconnected business and legal strategies to advance clients' goals through the legal system.
Jess regularly represents clients from a variety of industries and technological sectors, including life sciences, medical products and devices, pharmaceuticals, health care, computer sciences, consumer products, investment and financial services, and sports and entertainment. His clients include Fortune 500 companies, international businesses, middle-market and closely held companies, start-ups, and executives and other individuals. He also regularly represents pro bono clients and has accepted appointments from several federal courts to provide pro bono counsel in both civil and criminal matters.
Jess’ practice spans multiple types of complex civil litigation, including commercial disputes, intellectual property (patent, trademark, and copyright litigation as well as trade secret and other technology-based litigation), products liability, securities, regulatory compliance and enforcement, and various types of federal and state tort litigation. He regularly represents companies in class action lawsuits and various other forms of complex multi-party and multi-district litigation.
Following his law school graduation and judicial clerkships, Jess began his legal career in Kirkland & Ellis's Chicago office, where he became a litigation partner. Jess then returned to his home state of Utah, where he continued his legal career as a managing partner of Utah's preeminent litigation boutique. In 2021, Jess returned to Kirkland & Ellis as a litigation partner to help establish and build the firm's newly created Salt Lake City office. In addition to his litigation practice, Jess serves as an Adjunct Professor of Law at the S.J. Quinney College of Law at the University of Utah, where he has taught trial advocacy for nearly a decade.
Experience
Representative Matters
- Litigation and outside counsel to publicly-traded medical device and consumer products manufacturer. Engagements have included ongoing advice and counseling on matters including compliance with securities regulations and reporting obligations and successful defense of "bet-the-company" class action lawsuit alleging product defects, false advertising, and 9-figure damages, resulting in the dismissal of the case with prejudice and zero liability.
- Outside and litigation counsel to global payment solutions company on matters including regulatory compliance, the FTC Act, and litigation. Litigation matters have included the successful prosecution of a $200 M action in which a preliminary injunction was awarded and settlement rapidly followed, and the successful prosecution of a declaratory judgment action brought by the company against the FTC, resulting in a favorable settlement and dismissal of the FTC's claims.
- Defense counsel for international, Fortune 500 telecommunications corporation in consolidated lawsuit involving claims of patent infringement, to correct inventorship, breach of contract, and fraud. Obtained summary judgment and dismissal of entire lawsuit following five years of litigation, including two appeals to the Federal Circuit.
- Litigation counsel to Silicon Valley-based biotechnology company in high-profile consolidated multidistrict action against Utah-based genetics company involving alleged infringement of cancer screening patents. Successfully defended motion for preliminary injunction and appeal of order denying same; opponent dismissed all claims following order from Federal Circuit upholding denial of preliminary injunction and finding sister patents invalid.
- Outside and litigation counsel to international software and telecommunications company providing representation in various regulatory and litigation matters. Representations include prosecution of patent infringement and trade secret matter against competitor and successful motion for preliminary injunction related to misappropriation, tortious interference, and non-solicitation claims.
- Defense counsel defending 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.
- Arbitration counsel to international Big Four accounting firm in 8-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.
- Outside and litigation counsel to international, publicly-traded nutrigenomics company providing counsel and strategy to executives and Board of Directors on various regulatory matters including securities, the FTC Act, and various international matters including FCPA compliance, and representation in various lawsuits including products liability, trademark infringement, and trade secret litigation.
- Outside and litigation counsel to regional healthcare provider and hospital system on matters including regulatory compliance (such as Sunshine Act obligations), payor contracting, and litigation of high-value commercial disputes (including the successful prosecution of two contentious, 8-figure business disputes, each resulting in a full recovery of both damages and fees and costs and a strategically beneficial reworking of payor contracting relationships).
- 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 the successful defense of several lawsuits arising from advertising claims, resulting in dismissals with prejudice and judgments in the client's favor.
- 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.
- Litigation counsel to international, publicly-traded pharmaceutical company in largest consolidated lawsuit in state history, defending claims arising from alleged product, labeling, branding, and advertising defects.
- Litigation counsel to largest international, publicly-traded oil and gas company. defending regulatory and tort claims and allegations of 9-figure damages. Obtained summary judgment and dismissal of entire lawsuit following the close of discovery.
- Defense counsel to Silicon Valley-based software and consumer products company in lawsuit alleging claims of patent infringement, in which favorable settlement was obtained following institution of inter partes review proceeding challenging the validity of the subject patents.
- Plaintiff's counsel to California-based genomics company in trade secret and licensing dispute involving cutting-edge genomics technology brought against Boston-based competitor. Obtained favorable monetary settlement and long-term licensing deal following early discovery in arbitration proceedings.
- Defense counsel for Big Four accounting firm in action 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.
- Trial counsel for international nutritional supplement manufacturer and distributor in class action consumer fraud and false advertising lawsuit. Obtained highly favorable class settlement shortly before trial.
- Outside and defense counsel to Fortune 500 technology company in multiple class action securities fraud and related shareholder derivative actions. Representation included ongoing advice and counseling of multiple executives and 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 B in damages.
- Trial counsel for international consumer goods company in case involving allegations of breach of contract and defamation. Obtained dismissal with prejudice of all claims following summary judgment proceedings.
- Outside and litigation counsel for international, Utah-based sports and entertainment company. Representations have included successful prosecution of case involving breaches of non-disclosure, non-compete and trade secret obligations, resulting in preliminary and permanent injunctions; successful defense of products and design and warning defect cases; successful defense of securities investigation; and ongoing counseling concerning various regulatory matters.
- Defense counsel to international medical products company in action including claims of 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 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.
- Outside counsel to international software company providing advice and representation on various regulatory and compliance matters and successful prosecution of trade secret and licensing disputes, resulting in favorable long-term licensing agreements.
- Plaintiff's counsel to private equity company in lawsuit alleging 8-figures in damages arising from fraud claims and various business torts. Obtained injunction and receive ship, followed by judgment and an award of all litigation costs and fees following a successful motion for terminating sanctions.
- Outside counsel to private equity company in various litigation matters concerning wholly owned entities, including regulatory matters and successful defense of patent infringement matter brought against oil and gas distributor alleging infringement of multiple patents.
- Litigation counsel to global, publicly-traded professional services and insurance company defending claims including breach of contract, fraud, construction defect, and insurance disputes and allegations of 9-figure damages. Successfully defense resulted in dismissal of all claims with prejudice and zero liability.
- 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.
- Litigation counsel to international consumer products company in "bet-the-company" class action lawsuit involving claims alleging violations of pyramid scheme laws and various torts, resulting in successful defense of class allegations and denial of class status.
Clerk & Government Experience
Law ClerkHonorable Joan B. GottschallUnited States District Court for the Northern District of Illinois
Law ClerkChief Justice Christine M. DurhamUtah Supreme Court
Pro Bono
More
Thought Leadership
Speaking Engagements
Trial Advocacy, S.J. Quinney College of Law, University of Utah, 2014–Present
Advanced Negotiation Skills/ABA Negotiation Competition, S.J. Quinney College of Law, University of Utah, 2012–2019
Corporate Theory and Constitutional Rights, Loyola University Chicago School of Law, Spring 2006
Publications
Author, “In Dedication to Chief Justice Christine M. Durham,” 75 U. Albany L. Rev. 101, 2012
Co-Author with James R. Holbrook & Julie McAdams, “Beyond ‘Thinking Like a Lawyer’ and the Traditional Legal Paradigm: Toward a Comprehensive View of Legal Education,” 86 Den. U. L. Rev. 381, 2009
Author, “A Modern Disaster: Agricultural Land, Urban Growth, and the Need for a Federally Organized Comprehensive Land Use Planning Model,” 16 Cornell J. L. & Pub. Pol'y 57, 2006
Author, “The Corporate ‘Person’: A New Analytical Approach to a Flawed Method of Constitutional Interpretation,” 37 Loyola Univ. Chicago L. J. 61, 2005
Author, “A Defendant Has a Right to Seek Capital Punishment,” Utah L. Rev. 173, 2004
Recognition
Super Lawyers Top 100, Mountain States Super Lawyers, 2022
Commercial Litigation, The Best Lawyers in America, 2015–2023
Utah's Legal Elite, Commercial Litigation, Utah Business Magazine, 2016–2021
Business Litigation, Mountain States Super Lawyers, 2015–2022
Rising Star, Mountain States Super Lawyers, 2014
Pro Bono Service Award, Kirkland & Ellis LLP, 2009–2011
Memberships & Affiliations
Adjunct Professor of Law, S.J. Quinney College of Law, University of Utah, 2012–Present
Member & Officer, Executive Committee of the Litigation Section of the Utah State Bar, 2013–Present
David K. Watkiss, Sutherland II Inn of Court, 2013–Present
Credentials
Admissions & Qualifications
- 2013Utah
- 2005Illinois
Courts
- United States Court of Appeals for the Seventh Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the Tenth Circuit
- United States Court of Appeals for the Federal Circuit
- United States District Court for the District of Utah
- United States District Court for the Eastern District of Michigan
- United States District Court for the Northern District of Illinois
- Illinois Supreme Court
- Utah Supreme Court
Education
- University of Utah, S.J. Quinney College of LawJ.D.2005
Order of the Coif
Articles Editor, Utah Law Review
National Moot Court Team
- University of UtahB.S., Political Sciencewith Honors2002