John A. Herfort

Partner at Gibson, Dunn & Crutcher LLP

John A. Herfort

John A. Herfort

Partner at Gibson, Dunn & Crutcher LLP

Biography

John A. Herfort is a partner in the New York office of Gibson, Dunn & Crutcher. Mr. Herfort is a member of the Gibson Dunn Litigation Practice Group and focuses on antitrust litigation and counseling and complex commercial litigation.

Mr. Herfort has a significant practice in the area of antitrust and complex litigation, antitrust investigations, including merger investigations and grand jury investigations.

Mr. Herfort has represented and counseled such clients as Schlumberger Limited; CCC Holdings, Inc.; Aetna; Unilever; Northrop Grumman Corp.; BLDG Management Co., Inc.; the Peninsula Hotel; Fidelity National Financial; First American Title Insurance; Star Markets; Random House, Inc.; Merrill Lynch; Bear Stearns; Chase Manhattan Bank; Money Station Inc.; First Interstate Bank of Hawaii; Central-National Gottesman Inc.; Union Carbide; Veeco Instruments, Inc.; the Title Insurance Rate Service Association (New York); St. Paul Travelers; Madison Avenue Leasehold LLC; MortgageIT, Inc.; 3D Systems Corp.; Yankee Candle; and CRH plc.

He is co-author of the ABA’s Antitrust Section Monograph, “Merger Standards under U.S. Antitrust Laws” (1981), a contributor to the ABA volume “Antitrust Law Developments” published in 1984, and co-author of articles on merger enforcement, predatory pricing and patent antitrust issues published in the 1990s and 2003. Mr. Herfort has lectured on various antitrust issues at American Bar Association Antitrust Section annual meetings (on mergers and Robinson-Patman Act issues) and at the Practising Law Institute (on vertical restraints). He has also spoken at the National CLE Antitrust program in Steamboat Springs on the Microsoft litigation. Mr. Herfort is routinely ranked as one of New York’s leading antitrust lawyers by Chambers USA: America’s Leading Lawyers for Business, and by The Best Lawyers in America© and Best Lawyers© New York. In Chambers, Mr. Herfort is described as a “tremendous lawyer” who is “brilliant both substantively and strategically” and “thinks several steps ahead – a very talented individual.” Mr. Herfort is a member of the American and New York State Bar Associations, and the Association of the Bar of the City of New York.

Mr. Herfort joined Gibson Dunn in 1984 as a partner. He had previously practiced law in New York for 10 years, and prior to that he clerked for the U.S. Circuit Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia Circuit. Mr. Herfort also served as an assistant to U.S. Attorney General Elliot Richardson.

Mr. Herfort graduated from Harvard College, magna cum laude, in 1968 and from Harvard Law School, cum laude, in 1972, and he served as the Supreme Court Note and Note Editor for the Harvard Law Review in 1971–72.

Representative cases or matters on which Mr. Herfort was lead counsel, trial counsel, or in which he argued the appeal include:

* Northrop Grumman: A lengthy class action trial in 1997-98 on securities law and ERISA issues on behalf of Northrop Grumman arising out of Northrop’s takeover of Grumman that settled after trial on favorable terms.
* Schlumberger: A complex antitrust case in the Northern District of California for Schlumberger that was won in 1997 before trial.
* Pacific Resources, Inc.: Antitrust merger preliminary injunction trials on behalf of Pacific Resources, Inc. (now owned by Broken Hill Proprietary), Union Carbide, and in 2009, on behalf of CCC Holdings, Inc.
* K&F Industries: Represented K&F Industries in Department of Justice and U.K. Office of Fair Trading investigations and decisions not to challenge aerospace acquisition by Meggitt PLC in 2007.
* Schlumberger: Represented Schlumberger in the antitrust reviews of the Schlumberger-Smith International proposed merger (2010).
* Schlumberger: Represented Schlumberger in Department of Justice investigation and decision not to challenge WesternGeco seismic joint venture.
* Consent decrees: Consent decrees with the U.S. Department of Justice and the Federal Trade Commission resolving on favorable terms merger investigations of the First Interstate Bank of Hawaii/First Hawaiian Bank merger, the Pacific Resources/Shell acquisition, the Oldcastle/Northeast Tilcon acquisition, the Shaws/Star Markets supermarket acquisition, the Fidelity National Financial/Chicago Title acquisition, the 3D Systems/DTM Corp. acquisition and the Itron/Schlumberger Electricity acquisition.
* BLDG Management Co., Inc.: Two successful appeals (in 2001 and 2003) for BLDG Management in the Appellate Division, First Department and United States Court of Appeals for the Second Circuit on real estate contract and federal fair housing issues, respectively.
* Madison Avenue Leasehold LLC: Represented Madison Avenue Leasehold in environmental-law federal litigation that led to requested changes in Metropolitan Transportation Authority’s East Side Access Project building on East 50th Street.
* Six major publishers: The Federal Trade Commission price-discrimination case in the 1990s against six major publishers (including his client Random House, Inc.), which the Commission dropped before trial.
* Veeco Instruments, Inc.: Represented Veeco Instruments in defense and favorable settlement in 2007 of securities law class action in Southern District of New York.
* Unilever: Consent decree with New York State resolving allegations of antitrust violations including “couponing” against Unilever.
* Northrop Grumman: Represented Northrop Grumman in Department of Justice investigation of subsequently abandoned Lockheed Martin/Northrop Grumman merger.
* Peninsula Hotel: Represented the Peninsula Hotel in two trials on real estate contract and fraud issues in the 1990s for the Peninsula Hotel in New York State Supreme Court, New York County.
* Money Station: Represented Money Station in challenge in Federal Reserve Board and D.C. Circuit to Electronic Payment System’s acquisition of National City Corporation’s ATM business.
* Merrill Lynch: Represented Merrill Lynch in recent successful defense of Friedman v. Salomon Smith Barney antitrust case (involving “flipping”) in the Southern District of New York and the Second Circuit.
* Bear Stearns: Represented Bear Stearns in successful defense of Credit Suisse Securities (USA) LLC v. Billing antitrust case decided in the Supreme Court in 2007.
* Texaco: Trial counsel for Texaco in successful Robinson-Patman Act jury trial in U.S. District Court for District of New Jersey.
* Cooperative Theatres: Trial counsel for defendants in United States v. Cooperative Theatres, a Section 1 criminal antitrust case in the Northern District of Ohio in which the lead client was acquitted.
* Aetna Inc.: Represented Aetna in investigations of insurance industry.
* Title Insurance Rate Service Association, Inc.: Represented Title Insurance Rate Service Association in investigations of title insurance industry in New York.
* MortgageIT, Inc.: Counsel at arbitration hearings for MortgageIT, Inc. involving intellectual property and corporate law contractual issues, in which the opposing party’s claims were dismissed after trial-type hearings.

Overview
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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Redgrave LLP

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Co-Chair, Real Estate Investment Trust Practice at Gibson, Dunn & Crutcher LLP

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Co-Chair, Litigation Practice Group at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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Partner at Gibson, Dunn & Crutcher LLP

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John A. Herfort
Partner at Gibson, Dunn & Crutcher LLP
Education
Juris Doctor, cum laude
Class of 1972

Harvard Law School offers an energetic and creative learning environment, a diverse and dedicated faculty—whose expertise spans a broad array of legal subjects—and a student body that comes from every state in the U.S. and more than 70 countries around the world. Approximately 1,900 students attend HLS each year: 1,680 J.D. students, 160 LL.M. students, and 50 S.J.D. candidates. The faculty includes more than 100 full-time professors and more than 150 visiting professors, lecturers on law, and instructors. The curriculum features more than 260 courses and seminars that cover a broad range of traditional and emerging legal fields. A Harvard Law education prepares students for success in law practice, business, public service, teaching, and more. Most HLS students are pursuing a J.D. (Juris Doctor) degree, while many others are earning an LL.M. (Master of Laws) or the S.J.D. (Doctor of Juridical Science). Harvard Law School also offers many joint degree programs, coordinated programs, and concurrent degree opportunities with other schools within Harvard University. The Law School community is also home to numerous research programs and engaging publications, including books, scholarly periodicals, newsletters, and a weekly student newspaper.

Bachelor of Arts, magna cum laude
Class of 1968

The oldest corporation in the Western Hemisphere is the Harvard Corporation, known formally as the President and Fellows of Harvard College. It is the smaller of Harvard’s two governing boards; the other is the Board of Overseers. Following are the members of the Harvard Corporation.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. NYSBA was founded in 1877 with the stated goal to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice, and to elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. Its first President was David B. Hill. Among the reforms in the legislation signed into law creating the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration in The Hague.

Member
Current

The Association of the Bar of the City of New York is a voluntary association of lawyers and law students. The organization was founded in 1870 and it is headquartered in New York, NY.

Career History
Partner
1984 - Current

Gibson, Dunn & Crutcher LLP provides legal services. The firm provides services in areas such as labor, employment, entertainment & media law, toxic torts and other environmental matters. Its clients include commercial & investment banks, government entities, individuals and startups. The company was founded in 1890 and is headquartered in Los Angeles, CA.

Clerk
Prior

The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a discretionary basis by the Supreme Court. It should not be confused with the United States Court of Appeals for the Federal Circuit, which is limited in jurisdiction by subject matter rather than geography, or with the District of Columbia Court of Appeals, which is roughly equivalent to a state supreme court in the District of Columbia, established in 1970 to relieve the D.C. Circuit from having to take appeals from the local D.C. trial court.

Assistant to Attorney General
Prior

The Department of Justice enforces the law and defends the interests of the United States according to the law; ensures public safety against threats foreign and domestic; provides federal leadership in preventing and controlling crime; seeks just punishment for those guilty of unlawful behavior; and ensures fair and impartial administration of justice for all Americans.

Political Donations
$500
2013

Representative from Massachusetts's 7th Congressional District

$1,000
2012

Future Professional at Cornell University - Institute of Politics and Global Affairs (Effective 09/2019)

Transactions
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Schlumberger Ltd. purchases Cameron International Corp.

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Bally Technologies, Inc. purchases SHFL entertainment, Inc.

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Schlumberger Ltd. purchases Smith International, Inc.

Awards & Honors
Admitted to the New York Bar
Best Lawyers - Best Lawyers in America
Chambers USA - America’s Leading Lawyers for Business, Antitrust
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