Paul J. Riehle

Partner

Paul J. Riehle

Partner
Overview Overview Experience Credentials

Paul Riehle chairs Sedgwick’s Antitrust and Unfair Competition Practice Group, co-chairs Sedgwick’s Class Action Task Force and is a member of the firm’s Healthcare Task Force. He is the dean of Sedgwick University, which provides accredited CLEs and is a faculty member for Sedgwick U’s Trial Academy.  

Mr. Riehle recently completed his term of as the 2015-2016 Chair of the Executive Committee of the California State Bar’s Antitrust, Unfair Competition Law & Privacy Section. He has been selected as a Northern California Super Lawyer for Antitrust Litigation in annually since 2013. He has served as a judicial arbitrator for over 20 years.

Mr. Riehle was student body president at the University of Notre Dame and editor-in-chief of the Hastings Constitutional Law Quarterly. He also is a founding board member of a 14-year-old international humanitarian nonprofit organization.

Litigation Matters

  • Dismissal of nationwide class action claiming RICO violations. Shaw v. Nissan No. Am., Inc., --- F.Supp.3d ---- 2016 WL 6205752 (C.D. Cal. Oct. 24, 2016).
  • Dismissal of standard setting company in nationwide class action asserting violation of federal and state antitrust laws. B & R Supermarket, Inc. v. Visa, Inc., 2016 WL 5725010 (N.D. Cal. Sept. 30, 2016).
  • Dismissal of public entity on Eleventh Amendment grounds in case involving claims for violation of federal antitrust laws. Toranto v. Jaffurs, Case No.: 3:16-cv-01709-JAH-NLS, Dkt. # 48 (S.D. Oct. 24, 2016).
  • Denial of motion for preliminary injunction claiming violation of federal and New York state antitrust laws. Park Irmat Drug Corp. v. OpumRx, Inc., 2016 WL 153094 (S.D.N.Y.  Jan. 12, 2016).
  • Affirming dismissal of antitrust claims brought by a surgical group and its physicians against two health management/maintenance associations. Boffa Surgical Group LLC v. Managed Healthcare Associates Ltd., Case No. 2015 IL App (1st) 142984. (Dec. 23, 2015).
  • Denial of class certification motion. Torres v. Nissan No. Am., Inc., 2015 WL 5170539 (C.D. Cal. Sept. 1, 2015).
  • Final approval of class action settlement. Klee v. Nissan No. Am., Inc., 2015 WL 4538426 (C.D. Cal. July 7, 2015).
  • Reversal of denial of injunction of restitution claims released as part of nationwide class settlement. The People of the State of California v. Intelligender, LLC, 771 F.3d 1169 (9th Cir. Nov. 7, 2014).
  • Dismissal of drug pricing overcharge claims. Astra USA, Inc. v. Santa Clara County, Cal., 563 U.S. 110 (2011) (rejecting third party beneficiary contract claims) reversing County of Santa Clara v. Astra USA, Inc., 588 F.3rd 1237 (9th Cir. 2009) modifying 540 F.3d 1094 (9th Cir. 2008); see also 257 F.R.D. 207 (N.D.Cal. 2009) (denying class certification); 428 F. Supp. 2d 1029 (N.D. Cal. 2006) (dismissing breach of third party contract, unfair competition, False Claims Act and other causes of action); and 401 F. Supp. 2d 1022 (N.D. Cal. 2005) (finding federal question jurisdiction though plaintiff pled only state law claims).
  • Summary judgment regarding claims of industry wide price-fixing under California antitrust and unfair competition laws. Clayworth v. Pfizer, Inc., A131804 (August 22, 2012) petition for review denied, S205726 (November 28, 2012) cert denied, No. 12-1241 (June 3, 2013). In 2010, the California Supreme Court reversed summary judgment based on the pass-on defense, an issue of first impression under California antitrust and unfair competition law. Clayworth v. Pfizer, Inc., 49 Cal.4th 758 (2010) reversing 165 Cal.App.4th 209 (2008). In 2011, after remand, the trial court again granted summary judgment, this time ruling that defendants’ evidence showed that prices were independently determined and plaintiffs failed to raise a triable issue of fact regarding the existence of the alleged conspiracy, and the Court of Appeal affirmed.
  • Dismissal of Lanham Act claim with prejudice. Off Lease Only, Inc. v. Carfax, Inc., 2012 WL 1966372 (S.D. Fla. May 31, 2012).
  • After full briefing, hearings and the court’s tentative rulings on motions to dismiss plaintiff’s claims against an automobile manufacturer under the CLRA, UCL, federal and state warranty law and for fraudulent concealment, and for lack of personal jurisdiction over the foreign parent, the plaintiff voluntarily dismissed his nationwide class action before the court could issue its final opinions on the motions.
  • Defense verdict in a distributor termination case tried in Silicon Valley where the plaintiff asserted tens of millions of dollars in compensatory damages and punitive damages against a Fortune 500 company.
  • Summary adjudication of antitrust and other claims brought by a distributor against an office furniture manufacturer followed by settlement of the remaining claims for a small fraction of the alleged damages.
  • Successful defense of an insurer in three cases alleging bid rigging and illegal payments to an insurance broker. A putative class action in federal court alleging antitrust and RICO violations and a state court case alleging unfair competition were each dismissed without payment. A third case brought on behalf of the California Insurance Commissioner was settled on favorable terms.
  • Menjivar v. TP, LLC, 2006 WL 2884396 (N.D. Cal. 2006) (dismissing RICO and fraud claims).
  • Tate v. Pacific Gas & Elec. Co., 94 Fed. App. 529 (9th Cir. 2004), 2004 WL 626551 (C.A.9(Cal.)) affirming 230 F. Supp. 2d 1072 (N.D. Cal. 2002) (dismissing all but one antitrust claim and all RICO claims) and 230 F. Supp. 2d 1086 (summary judgment on remaining antitrust claim of attempted monopolization).
  • Hyper Corporation v. TUV Rhineland of North America, Inc., 2004 WL 5494878. Mr. Riehle and Sedgwick were brought in to try the punitive damages phase of an unfair competition and antitrust case involving Bluetooth technology after the jury returned a $7.5 million verdict and a unanimous finding of fraud, malice and oppression. In the second phase of the trial, the jury awarded only 1.3 percent of the compensatory verdict. The trial court then granted Mr. Riehle’s new trial motion and the Court of Appeal affirmed, thereby wiping out the verdict in its entirety.
  • Ferris v. Gatke Corp., 107 Cal. App. 4th 1211 (2003) (affirming nonsuit regarding claims for market share liability and civil conspiracy to defraud through the manipulation of scientific literature).
  • Coast Marine and Industrial Supply, Inc. v. DBC Marine Safety Systems, Inc., 2003 WL 23874049 (dismissing dealer’s Robinson-Patman Act, contract, implied covenant of good faith and fair dealing, tortious interference with contractual relations, intentional interference with business expectancy, equitable estoppel and tortious termination of contract claims).
  • In re Methionine Antitrust Litigation, MDL 1311. Mr. Riehle was part of a team that defended a leading amino acid manufacturer in a consolidated multidistrict class action litigation alleging that defendants conspired to fix the prices for methionine-based products in the United States and internationally.
  • Successful defense of a national automotive tool manufacturing company in more than 50 cases brought by dealers alleging violation of the Seller Assisted Marketing Plan Act and other claims.
  • Summary judgment in favor of a distributor sued by a sales agent under the Independent Wholesale Sales Representative Contractual Relations Act. Mr. Riehle also obtained reimbursement of his client’s attorneys’ fees from the plaintiff.
  • In re Sorbates Antitrust Litigation. Dismissal without payment of a defendant in consolidated class actions involving claims of an international price fixing conspiracy.
  • Pharmaceutical Cases I, II and III, J.C.C.P. Nos. 2969, 2971 & 2972 (San Francisco Superior Court). Defense of a pharmaceutical company that, along with many other pharmaceutical manufacturers, was sued for alleged antitrust violations with respect to the price of brand name prescription drugs. California consumer class cy pres settlement.
  • Obtained and collected on a $6.5 million Arizona federal court jury award in a fraud case transferred as a tag-along action to In re Washington Public Power Supply System Securities Litigation, MDL 551.
  • Successful state court jury trial representing national franchisor in claims brought by franchisee relating to territorial exclusivity.
  • Counseling with respect to antitrust issues and claims in the healthcare arena.
  • Advice in connection with responding to subpoenas by the Department of Justice and the Federal Trade Commission.
  • In difficult cases under adverse circumstances, Mr. Riehle has been brought to handle post-trial motions (e.g., Hyper v. TUV, 2004 WL 5494878 (discussed above) and Chavers v. Gatke, 2000 WL 35545379)) or the appeal (e.g., Bierlich v. BW, Inc., 2003 WL 22022030 (Cal.App. 2 Dist.)).

Presentations and Publications

  • Author, “Why We Should Keep a Unified Bar,” Daily Journal (June 21, 2016).
  • Co-author, “Settlement Negotiation Tactics, Considerations and Settlement Agreement Provisions in Antitrust and UCL Class Actions,” Competition, The Journal of The Antitrust, Unfair Competition Law and Privacy Section of the State Bar of California, Vol. 25, No.1 (2016).
  • Chair, 25th Annual Golden State Antitrust and Unfair Competition Law Institute, the State Bar of California, Antitrust and Unfair Competition Section (October 29, 2015).
  • Moderator, “Antitrust and UCL Class Action Settlement Issues,” the 25th Annual Golden State Institute, San Francisco (October 29, 2015).
  • Co-author, “Settlement Negotiation Tactics, Considerations and Settlement Agreement Provisions in Antitrust and UCL Class Actions,” Competition, The Journal of The Antitrust, Unfair Competition Law and Privacy Section of the State Bar of California, Vol. 25, No.1 (2016). 
  • Co-author, “FTC v. St. Luke’s Health System Ltd.: A Discussion with Trial Counsel,” The Journal of the Antitrust & Unfair Competition Law Section of the State Bar of California, Vol. 24, No. 1 (2015).
  • Chair, 24th Annual Golden State Antitrust and Unfair Competition Law Institute, the State Bar of California, Antitrust and Unfair Competition Section (October 16, 2014).
  • Moderator, “Big Stakes” Antitrust Trials, St. Alphonsus Medical Center-Nampa and FTC v. St. Luke’s Health System Ltd., 24th Annual Golden State Institute, the State Bar of California, Antitrust and Unfair Competition Section (October 16, 2014).
  • Editor, Competition, The Journal of the Antitrust & Unfair Competition Law Section, State Bar of California, (Spring and Fall issues 2012, 2013 and 2014). 
  • Co-author, “Standing, Damages and Injunctive Relief Under the Cartwright Act,” California Antitrust and Unfair Competition Law, The State Bar of California, (Cheryl Lee Johnson, ed., Matthew Bender & Co., 2012), as well as the 2013, 2014 and 2015 updates.
  • Author, “Litigation Issues in Antitrust and Managed Care,” ABA Health Law Section, Managed Care Litigation, Second Edition, (David M. Humiston, ed. 2014, 2015 and 2016 updates).
  • Co-author, “California Antitrust and Unfair Competition Law regarding the  Insurance Industry,” California Antitrust and Unfair Competition Law, the State Bar of California, (Cheryl Lee Johnson, ed., Matthew Bender & Co., 2012) as well as the 2013, 2014, 2015 and 2016 updates.
  • Presenter, “Antitrust and Unfair Competition Law 101,” State Bar of California Antitrust and Unfair Competition Law Section Webinar (December 12, 2013).
  • Co-chair, 23rd Annual Golden State Antitrust and Unfair Competition Law Institute, the State Bar of California, Antitrust and Unfair Competition Law Section (October 24, 2013).
  • Presenter, “Antitrust and UCL Pleadings and Defense,” the 86th Annual Meeting of the State Bar of California, San Jose (October 12, 2013). 
  • Panelist, “Sports and the Antitrust Playing Field,” the 22nd Annual Golden State Institute, San Francisco (October 25, 2012).
  • Presenter, “The ABC’s of Antitrust and California’s Unfair Competition Law and Consumers Legal Remedies Act,” the 85th Annual Meeting of the State Bar of California, Monterey (October 13, 2012).
  • Co-author, “‘Revisiting Materiality’ Is Revisionist History: An Express Warranty Defines Materiality Under the UCL and CLRA Absent and Unreasonable Safety Hazard,” Competition, The Journal of the Antitrust & Unfair Competition Law Section, State Bar of California, Vol. 21, No. 2 (2012).
  • Author, “Summary of Recent Antitrust and Unfair Competition Law Decisions,” E-Briefs for the Antitrust and Unfair Competition Law Section of the State Bar of California (2011-2012).
  • Presenter, “Punitive Damages,” Perrin Conference, San Francisco (September 19, 2011).
    Presenter, “A Primer on California Competition Law,” the 84th Annual Meeting of the State Bar of California, San Francisco (September 17, 2011).
  • Co-author, “Kwikset: Labels Matter, But No Reset to Pre-Prop. 64,” Daily Journal (March 28, 2011).
  • Panelist, “Advanced Principles: UCL Remedies and Defenses,” 21st Annual Golden State Antitrust and Unfair Competition Law Institute, the State Bar of California (October 21, 2010).  
  • Co-author, “NFL Sacked by the Sherman Antitrust Act,” Media Law Letter, Media Law Resource Center (September 2010).
  • Co-author, “The Other Drug War,” discussing the Obama Administration’s plans for antitrust challenges of reverse settlements between brand name and generic drug manufacturers, Daily Journal (March 4, 2009).
  • Co-author, “Exemption Exceptions,” discussing the Obama Administration’s support of the elimination of the McCarran-Ferguson Act’s antitrust exemption for insurance companies, Daily Journal (March 3, 2009).
  • Author, “Negotiating for the Most Successful Settlement,” Antitrust Dispute Resolution: Leading Lawyers on Best Practices for Resolving Antitrust Matters Through Negotiations, Aspatore Books (2007). 
  • Panelist and Co-chair, “The Impact of Proposition 64 and the Class Action Fairness Act on California Unfair Competition Claims,” Practicing Law Institute (2005).
  • Featured, Daily Journal, article on Mr. Riehle’s humanitarian work (July 6, 2007).
  • Featured, in three publications, The Recorder, the Daily Journal and the San Francisco Chronicle regarding SurfAid’s tsunami relief effort (January 2005).

Admissions

  • California
  • U.S. District Court (C.D. Cal.)
  • U.S. District Court (E.D. Cal.)
  • U.S. District Court (N.D. Cal.)
  • U.S. District Court (S.D. Cal.)
  • 9th U.S. Circuit Court of Appeals
  • U.S. Supreme Court

Education

  • J.D. (1984) University of California, Hastings College of the Law
  • editor-in-chief of the Hastings Constitutional Law Quarterly
  • B.A. (1981) University of Notre Dame, cum laude

Awards

  • AV Preeminent® certified by the Martindale-Hubbell peer review rating system  
  • Northern California Super Lawyer for Antitrust Litigation, Super Lawyers, 2013−2016
  • Top Attorneys in Northern California, San Francisco Magazine, 2013−2016

Memberships and Affiliations

  • California State Bar’s Antitrust, Unfair Competition Law and Privacy Section, Executive Committee — 2015−2016 chair and member 2010-2016
  • American Bar Association, Antitrust and Litigation Sections
  • Association of Business Trial Lawyers of Northern California
  • Bar Association of San Francisco  
  • SurfAid International, International Board of Directors — founding member of humanitarian relief organization that is the parent of SurfAid entities in the United States, Australia, New Zealand and Indonesia  
  • SurfAid International, USA, Board of Directors — founding member of this federal non-profit corporation, a community development organization that runs health, malaria eradication, disaster preparedness, and water and sanitation programs in the Mentawai Islands, Nias Island and Sumbawa.
  • Judicial Arbitrator for over 20 years

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