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John C. Peirce

Partner

, Bryan Cave LLP
Washington

Tel

1 202 508 6087

Fax

1 202 220 7387
john.peirce@bryancave.com
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John C. Peirce

Partner


Washington



1155 F Street, N.W.
Suite 500
Washington, District of Columbia 20004-1357

Phone:

1 202 508 6087

Fax:

1 202 220 7387

email:

john.peirce@bryancave.com
John Peirce practices in the fields of antitrust and trade regulation law, class actions, complex commercial litigation and alternative dispute resolution. His antitrust experience encompasses civil trials and appellate work, merger regulation, and administrative practice, with particular emphasis on regulated industries (electric power, natural gas, insurance, health care, and financial services). He has represented electric utilities and utility organizations in connection with federal and state restructuring. He represents a multibillion dollar consumer products company on a wide range of consumer protection and competition issues, and has designed and enforced that firm’s innovative and successful arbitration and dispute resolution program. Mr. Peirce is active in the leadership of the American Bar Association Section of Public Utility, Communications and Transportation Law, where he currently chairs the Antitrust Committee and serves as Vice-Chair of the ADR Committee. He is a frequent speaker and writer on antitrust issues affecting regulated industries.

Professional Affiliations

  • ABA Section of Public Utility, Communications and Transportation Law–Chair, Antitrust Committee and Vice-Chair, ADR Committee (current); Secretary (2009-2012); Council Member (2003-2009)

  • ABA Section of Antitrust Law – Chair, Fuel and Energy Industry Committee, 1997-2000

John Peirce practices in the fields of antitrust and trade regulation law, class actions, complex commercial litigation and alternative dispute resolution. His antitrust experience encompasses civil trials and appellate work, merger regulation, and administrative practice, with particular emphasis on regulated industries (electric power, natural gas, insurance, health care, and financial services). He has represented electric utilities and utility organizations in connection with federal and state restructuring. He represents a multibillion dollar consumer products company on a wide range of consumer protection and competition issues, and has designed and enforced that firm’s innovative and successful arbitration and dispute resolution program. Mr. Peirce is active in the leadership of the American Bar Association Section of Public Utility, Communications and Transportation Law, where he currently chairs the Antitrust Committee and serves as Vice-Chair of the ADR Committee. He is a frequent speaker and writer on antitrust issues affecting regulated industries.

Select Representations

  • Represent multibillion dollar international consumer products company in several complex commercial arbitration cases and in ancillary court cases where the substantive legal claims and counterclaims have included antitrust, civil RICO, fraud, civil conspiracy, theft of trade secrets, tortious interference with contract and with business relationships, and breach of contract. Issues in the ancillary court proceedings included enforceability of predispute arbitration agreement, interaction of arbitration and bankruptcy proceedings, multiple state and federal court TRO and preliminary injunction cases, and challenges to final award, including “evident partiality” charges against an arbitrator. Mr. Peirce was lead counsel in three arbitrations that each completed a full evidentiary hearing ranging between one and four weeks each and was co-counsel in a fourth such case where the hearing lasted five weeks. Due to confidentiality of the arbitration process  the identity of the parties and the specifics of the claims, counterclaims and awards are confidential.
  • Counsel to New England Power Pool ("NEPOOL") on antitrust and market power issues before the Federal Energy Regulatory Commission in a restructuring docket. He advised on complex market power issues and supervised economic witnesses and their filed testimony, and worked closely with NEPOOL committees and state regulators in designing a comprehensive plan for monitoring, deterring and mitigating the potential abuse of market power in competitive New England wholesale electricity markets. The monitoring and mitigation proposal had support from all sectors of the industry and was approved by the FERC.
  • Represented the principal defendant in a nationwide antitrust and RICO class action filed on behalf of a class of 2.7 million current and former distributors. After two years’ litigation the case was settled on largely non-cash basis highly favorable to defendants. Hanrahan v. Britt, 174 F.R.D. 356 (E.D. Pa. 1997).

Bar and Court Admissions

District of Columbia, 1980

United States Supreme Court

United States Courts of Appeals for the District of Columbia, Fourth, Seventh, Ninth and Federal Circuits

United States District Court for the District of Columbia

United States Court of International Trade

Education

Cornell University, J.D., cum laude, 1980

Yale University, B.A., 1975

Publications

  • Contributing author to Best of Infrastructure” (ABA Section of Public Utility, Communications and Transportation Law, to be published 2013)
  • “Can Arbitration Agreements Really Bar Class Actions? How Will Lower Courts Interpret AT&T Mobility v. Concepcion?” 50 Infrastructure No. 3 (ABA Section of Public Utility, Communications and Transportation Law) Spring 2011 (co-author with Mark C. Darrell)
  • “Telecom: The  Future Meets the Past” 49 Infrastructure No. 1, Fall 2009 (co-author with Gerald A. Connell and Michael D. McNeely)
  • Contributing author to Antitrust Law Developments (Fourth) 1998 Supplement and 1999 Supplement (ABA Section of Antitrust Law 1999, 2000)
  • "Antitrust Law Regulation: A New Focus For a Competitive Energy Industry," 21 Energy L.J. 79, 2000 (co-author with Ray S. Bolze and Linda L. Walsh)

Speeches and Seminars

  • Delivered Antitrust Committee report and led panel discussion at Spring and Fall Council Group meetings of ABA Section of Public Utility, Communications and Transportation Law (March and October 2012)
  • Moderator, "Antitrust Issues in the Deregulated Electricity Industry," Program at ABA Antitrust Section Spring Meeting, April 5, 2000, Washington, D.C.
  • "Antitrust Issues in Today’s Energy Market" speech to Houston Chapter of Energy Bar Association, Jan. 28, 2000
  • Panelist, "Dealing With Antitrust Issues in Today’s Electric and Gas Markets," Howrey & Simon, Washington D.C. Sept. 23, 1999
  • "Generation ‘Mix,’ Market Power and Generation Portfolio Planning," presentation in "The Impact of Market Power in Competitive Energy Markets" program, Infocast, July 15, 1999
  • "Recognizing and Managing Antitrust Risks, Conference Workshop at "Wholesale Power in the West" (IBC), Nov. 11-13, 1998, Las Vegas, Nev.
  • Chair, "Emerging Competition Issues in U.S.-Canadian Cross Border Electric and Gas Markets" Program, ABA Section of Antitrust Law, Annual Meeting, Aug. 4, 1998, Toronto, Ont.
  • Wrote course materials and developed program for "Electric/Gas Antitrust Issues" Mock Trial program, ABA Section of Public Utility Law, Annual Meeting, Aug. 4, 1998, Toronto, Ont.
  • "Network Transactions; Power Pools and Power Exchanges; Independent System Operators; Issues Involving Reliability Councils" at "Telecommunications and Electric Mergers and Acquisitions" Conference (PLI) July 13-14, 1998, New York, N.Y.
  • "Antitrust Compliance for Utilities and Marketers," Presentation at "Winning With Retail Competition" (Pub. Util. Reports, Inc. Annual Conf.), June 22-23, 1998, Arlington, V.A.
  • Chair, "Real-Life Antitrust Problems in the Electric and Gas Industry," Program at ABA Antitrust Section Spring Meeting, April 1, 1998, Washington, D.C.
  • "Antitrust Considerations in the New Regulatory Environment," Presentation at "Electrical Utility Mergers, Acquisitions and Strategic Alliances" Conference (Law Seminars Int’l), Sept. 11-12, 1997, Portland, Ore.
  • Co-Chair and Panelist, "Power Struggle, Antitrust and the Changing Rules of Electric Competition" Conference, ABA Sections of Antitrust and Public Utility Law, Sept. 19-20, 1996, Chicago, Ill.

Professional Affiliations

  • ABA Section of Public Utility, Communications and Transportation Law–Chair, Antitrust Committee and Vice-Chair, ADR Committee (current); Secretary (2009-2012); Council Member (2003-2009)
  • ABA Section of Antitrust Law – Chair, Fuel and Energy Industry Committee, 1997-2000

Education

  • Cornell University, J.D., cum laude, 1980
  • Yale University, B.A., 1975

Admissions

  • District of Columbia, 1980
  • United States Supreme Court
  • United States Courts of Appeals for the District of Columbia, Fourth, Seventh, Ninth and Federal Circuits
  • United States District Court for the District of Columbia
  • United States Court of International Trade