John Kern is a partner in Holland & Knight's San Francisco office, where his practice focuses on representing healthcare, financial services and technology companies — from startups to Fortune 100 companies — in commercial, healthcare and intellectual property litigation matters in federal and state court. Mr. Kern also has significant experience representing companies in a broad range of government investigations brought by the U.S. Department of Justice, State Attorneys General, and regulators in a wide range of practice areas, including securities/banking, healthcare fraud and abuse, and drug price calculation and reporting. He has been responsible for managing teams of associates and paralegals through the full scope of government investigations and all phases of litigation, such as mediations, arbitrations, and state and federal court jury trials.
Mr. Kern has developed vast knowledge in the healthcare industry with two decades of experience representing large healthcare organizations, individual hospitals and hospital systems, pharmaceutical companies, and healthcare data and publishing companies. Mr. Kern is an experienced litigator who has litigated pricing disputes, rate cases, managed care contract disputes, privacy breaches, unfair competition cases, False Claims Act litigations, data/privacy and Health Insurance Portability and Accountability Act (HIPAA) cases, government investigations and other complex healthcare disputes.
Mr. Kern represents clients in copyright, trademark and trade secret disputes as well as various related contractual matters and state law unfair competition claims. Mr. Kern has represented and counseled clients in a variety of industries regarding their intellectual property (IP) rights, including healthcare, financial services, technology and music. Mr. Kern has extensive experience counseling clients on IP matters, including negotiating, drafting and litigating IP licensing and nondisclosure agreements.
Mr. Kern's recent representative matters include:
Prevailed in a federal jury trial representing the nation’s largest publisher of continuing education materials for healthcare professionals in a copyright and trade secrets dispute
Prevailed in a federal court jury trial representing software company in copyright infringement dispute
Successfully defended financial services company in multiple state court trade secret trials
During law school, Mr. Kern was the general editor of the Cornell International Law Journal. Prior to attending law school, he was an international trade analyst for the Department of State's U.S. Trade and Development Agency in Washington, D.C.
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