Consumer & Class Actions,
Contract & Commercial,
Dan Jackson specializes in legal writing, analysis, and oral argument for every stage of litigation - from the initial pleadings, through summary judgment, motions in limine, post-trial briefings, and all stages of appeals. Mr. Jackson also has extensive experience briefing and arguing claim-construction issues in patent cases.
Mr. Jackson received his J.D. from Yale Law School, where he was editor-in-chief of the Yale Journal on Regulation. Mr. Jackson received a B.A. in philosophy and an M.A. in linguistics from the University of Southern California, spending a year studying in Zimbabwe and Kenya. Mr. Jackson then served in the Peace Corps in Sri Lanka, returning to study cognitive science and linguistics at the University of California, San Diego, where he was a National Institutes of Health fellow.
We defended our clients Netflix, Inc. and Roku Corporation in a U.S. International Trade Commission complaint filed by Rovi Corporation. The complaint accused our clients, along with Mitsubishi Electric Corp., LG Electronics Inc., and Vizio Inc., of infringing several patents related to interactive program guides. The complaint sought an order banning television and media-player makers from entering the U.S. By the time of the trial, the other defendants had settled and our clients faced four patents. We successfully defended our clients at trial, with the ALJ finding one of the patents invalid and none of the patents infringed, as well as no actionable importation or available remedy. The ITC confirmed there was no violation. Rovi then pursued the matter in District Court with three of the same patents used in the ITC investigation as well as two additional patents. We won summary judgment of invalidity under Alice on all five asserted patents, which the Federal Circuit affirmed summarily.
On behalf of a real estate brokerage firm and several of its subsidiaries, we successfully moved to dismiss RICO claims relating to the valuation and sale of real estate, and successfully defended that victory before the Ninth Circuit, which upheld the dismissal without leave to amend in a published opinion.
In 2015, we won the largest plaintiff's award of the year in California for the San Diego County Water Authority in its long-running fight with the Metropolitan Water District of Southern California (MWD). MWD is the regional water wholesaler for most of Southern California. San Diego sued MWD for charging San Diego inflated and illegal water transportation rates, and breaching a contract between the parties. After a three-week bench trial that played out in two phases over the course of fifteen months, the court found that MWD’s rates violated numerous California statutory and constitutional provisions, and awarded our client $188 million in contract damages, plus $43 million in prejudgment interest, and other declaratory relief, including a forward-looking writ of mandate directing MWD to set future rates in compliance with the court’s order.
We defended Comcast Cable Communications, LLC as part of a large joint-defense group handling patent infringement claims related to video-on-demand services. The plaintiff, Acacia Media Technology, sought hundreds of millions in royalties from more than 40 cable TV, satellite TV, and Internet streaming companies, alleging its patents covered virtually all transmission of compressed digital video or audio files. After extensive claim-construction proceedings, U.S. District Judge James Ware held that the patents were invalid and granted summary judgment for our client and the other defendants. The U.S. Circuit Court of Appeals for the Federal Circuit affirmed that judgment.
In a suit raising novel issues of franchise law, we represented a national fashion retailer in a breach of contract suit filed by our client's former Middle East distributor. A federal San Francisco judge granted our summary judgment motion. The U.S. Circuit Court of Appeals for the Ninth Circuit affirmed the district court’s order, dismissing the case in our client’s favor.
The U.S. Court of Appeals for the Ninth Circuit appointed our firm to represent a sexual-harassment victim whose case was dismissed on summary judgment. We were able to obtain a reversal.
We represented a semiconductor company in a landmark trade secret misappropriation case. Our client sought more than $100 million in damages and an injunction. We won an interlocutory appeal at an early stage of the case, making this the first appellate case in California to address the circumstances in which a trade secret plaintiff may obtain pretrial discovery. We settled the case for a confidential amount while a jury trial was underway. This case remains one of the leading California precedents on this issue.
We successfully defended the Alameda County District Attorney and the District Attorney's Office from accusations of gender discrimination. Working with top female attorneys in the D.A.’s office, we proved the plaintiff’s allegations were unfounded and secured summary judgment.
We represented TSMC against China's then-leading semiconductor manufacturer, SMIC, in the largest trade secret misuse case tried to date. SMIC owed its very existence to technology stolen from our client. Following a jury verdict on liability in favor of TSMC, SMIC agreed to pay $200 million in cash and approximately $130 million of its company stock. The case serves as precedent for the strong protection afforded by California's trade secret statute, even where the actual theft occurred in Asia.
In an amicus brief filed by Keker, Van Nest & Peters, a group of two-dozen former federal judges are defending Judge Emmet Sullivan’s refusal to immediately approve the Justice Department’s bid to drop the prosecution of Michael Flynn. Read more
Arbitrators adjudicating Google’s claims that two former employees launched a startup with stolen self-driving car trade secrets should be able to look at a due diligence report Uber commissioned before buying the startup, Google told a California appeals panel Wednesday, arguing the report was publicly available and not privileged material. Read more
Thirty-six distinguished economists and professors of law and economics including three Nobel laureates, two recipients of the American Economic Association’s prestigious John Bates Clark Medal, and two past presidents of the American Economic Association filed an amici curiae brief to assist the Supreme Court in understanding the free-rider problem at issue in Janus v. AFSCME. Read more
Manning, a former Army intelligence analyst, was sentenced in a military court for leaking about half a million classified documents to the secret-spilling WikiLeaks site. Read more
The awards recognize California litigation practices that delivered exceptional results on their clients' most critical and challenging matters. Read more
John Keker and his team brought in nearly $235 million for the San Diego County Water Authority. The big win was a key installment in California's ongoing water wars, made increasingly urgent by four dry years. Read more
Bob Van Nest, David Silbert, Dan Jackson, and Michelle Ybarra used a 2014 U.S. Supreme Court decision to prove that patents in lawsuits against Facebook Inc. and LinkedIn Corp. were invalid based on subject matter ineligibility. Read more
John Keker, Dan Purcell and their team secured another victory for the San Diego County Water Authority. Read more
John Keker and his team win a major victory for the San Diego region. Read more
Ashok Ramani and his team won summary judgment of invalidity on all five patents. Read more
Keker & Van Nest helped the San Diego County Water Authority triumph in its long-standing battle with the Metropolitan Water District of Southern California over millions in water transportation fees. Read more
The suit, the first of its kind in the nation, alleged UCLA violated the copyrights of educational-video makers when it implemented a system for streaming videos online to students and faculty. Read more