Bartko Pavia LLP
  • About
    • Locations
  • Services
    • Practices
    • Industries
  • Professionals
  • Insights & News
    • Events
    • Honors & Awards
    • Media Mentions
    • News
    • Press Releases
    • Publications
    • Speaking Engagements
  • Careers
  1. | Home
  2. | Professionals
  3. | John "Jack" McLean

John "Jack" McLean

Of Counsel

San Francisco

  • 415.956.1900
  • 415.291.4597
  • Email
  • Overview
  • Credentials
  • Experience
  • Insights
  • Publications
  • Print
  • PDF
    Share this page

Jack McLean is Of Counsel at Bartko Pavia LLP and member of the Litigation Practice. He specializes in business litigation, antitrust matters, class actions, white-collar crime, government investigations, and international litigation. With over 50 years of experience in practicing antitrust law, Jack has tried three antitrust cases before juries while at Bartko, all resulting in favorable verdicts for the defense. These cases included a class action, a two-party litigation, and a criminal price-fixing case involving a U.S. executive.

In addition to his trial experience, Jack has extensive expertise in antitrust counseling and the development of compliance programs. His core principle is to help clients achieve their business objectives while identifying and managing antitrust risks.

Before attending law school, Jack served four years in the U.S. armed forces where he completed tours in Vietnam as an infantry advisor to the Vietnamese. During law school, Jack gained experience working for a labor law firm, a Wall Street firm, and as the Legal Counsel to the Governor of Wisconsin. Jack joined Pillsbury Madison & Sutro as an associate in June 1972, became a partner in 1980, and left the firm in 1999 to start his own private practice. After successfully defending his client against criminal price-fixing charges as co-counsel with Bartko, Jack joined Bartko as Of Counsel and laid the foundation for Bartko’s growth of its antitrust practice.

Over the years, Jack has conducted numerous antitrust compliance programs in many industries, including high-tech, heavy construction equipment, ocean freight shipping lines, forest products from trees to various wood and paper products, food manufacturing, corporate farming, consumer products, real estate MLSs, and insurance. These programs have included one or more activities: document and business plan reviews, management interviews, written analysis of risks and recommended solutions, in-house compliance program materials, and presentations (including movie scripts for training programs). As an offshoot of an antitrust compliance program for an international equipment manufacturer, Jack also conducted an investigation, prepared a report, and gave training on the dos and don’ts of the Foreign Corrupt Practices Act.

Recently, Jack conducted an antitrust litigation risk and compliance review and prepared a report for a company in the healthcare industry. He also prepared an evaluation and report for another company in the healthcare industry regarding potential litigation risks and prospects. Most recently, Jack has been part of the Bartko antitrust team advising a manufacturer of electric vehicles concerning antitrust issues on proposed conduct.

Jack also has experience in the classroom having served as the antitrust instructor at the University of California, Davis, School of Law for the school’s Extension basic program for foreign lawyers, “Orientation in U.S.A. Law,” and the masters MCL International Law Program (1995-2009).

Outside of work, Jack is a proud father and grandfather who strongly believes that having a sense of humor and maintaining a positive attitude are essential for happy and long-lasting life. His philosophy is simple: “The alternative to growing older is not very good, so I intend to grow older but not to grow up.” For a contemporary perspective on this philosophy, Jack recommends Toby Keith’s song “Don’t Let the Old Man In,” which is featured in Clint Eastwood’s movie “The Mule.” Keith wrote the song after playing golf with Eastwood, who, at 88, shared that it reflects his approach to staying active as he ages.

Credentials

Education

  • University of Wisconsin, Madison, J.D. (Order of the Coif and Law Review)
  • Dartmouth College, B.A. with Distinction

Bar Admissions

  • State Bar of California

Court Admissions

  • US Supreme Court
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US District Court for the Northern District of California
  • US District Court for the Eastern District of California
  • US District Court for the Central District of California

Recognitions

  • Martindale-Hubbell Peer Review, AV Rating, 5 Stars

Experience

  • While at PM&S, Jack was counsel to a corporate defendant in the Paperboard, Corrugated Box, Fine Paper, and Milk Carton cases which involved antitrust criminal investigations and class litigation. He also represented a Silicon Valley computer manufacturer in an SEC investigation and subsequent class action involving revenue recognition issues–both of which were successfully settled. Along the way, he did the groundwork for a product liability case against an earth-moving heavy equipment manufacturer which settled favorably. He represented the owner of several cemeteries and funeral homes and convinced five Bay Area District Attorneys to drop potential criminal and civil charges relating to the management of related trust accounts. Later, he convinced the California AG’s office, and then the Marin County and City of San Rafael, to drop proposed actions involving the cemeteries and trust accounts.
  • Jack collaborated as co-counsel with John Bartko and Rob Bunzel for the defense of his client Gary Swanson, the Sr. Vice President for Sales of Hynix America, who was charged with price-fixing of DRAM memory chips in United States v. Gary Swanson (N.D. Cal. 2006, Case No. 06-CR-0692 PJH). After a four-week jury trial, the jury hung at 10 to 2 in favor of Mr. Swanson, and the Department of Justice decided not to retry Mr. Swanson.
  • Jack, with Rob Bunzel and Michael Abraham, was part of the Bartko trial team that successfully defended an HVAC company against federal and state antitrust and commercial bribery claims in a 7-1/2 week civil jury trial which was confirmed on appeal. Advanced Microtherm, Inc. v. Norman Wright Mechanical Equip. Corp. (USDC, N.D. Cal. 2004, Case No. 04-CV-02266-JW); affirmed 525 Fed.Appx. 612, 2013 WL2350469, 2013-1 Trade Cases ¶ 78, 401 (9th Cir. 2013); certiorari den. 571 U.S. 1127 (Jan. 13, 2014).
  • Jack was a member of the Bartko team that successfully defended a significant California healthcare system defendant in a 5-week antitrust class action jury trial in the Northern District of California, at the close of which the nine-member jury returned a unanimous defense verdict, finding that the firm’s client did not tie its hospital services together and did not force insurance companies to contract with the system on allegedly anticompetitive terms.
  • In 2019, Jack was part of the Bartko team who represented a large Northern California healthcare system in an antitrust case brought by the California AG and a certified class, which settled just after a San Francisco jury was seated.

Insights

Press Release

05, June 2023

Hospitals Score Another Massive Victory Against the Blues as Court Rejects Insurance Companies’ Second Attempt to Dismiss Healthcare Providers’ Antitrust Claims

San Francisco, CA – In a June 5, 2023 Order, only made available on the public docket late June 6, 2023, the Honorable Evelio Grillo of the Alameda Superior Court, in VHS Liquidating Trust, et al. v. Blue Cross Blue Shield Association, et al., Case Number RG21106600, issued a comprehensive Order resoundingly rejecting the Defendant Blues’ second attempt to dismiss the Plaintiffs’ claims.

Press Release

01, June 2022

Court Rejects Insurance Companies’ Effort to Dismiss Antitrust Claims and Limit Damages of Healthcare Providers

San Francisco, CA – On June 1, 2022, the Honorable Evelio Grillo of the Alameda Superior Court, in VHS Liquidating Trust, et al. v. Blue Cross Blue Shield Association, et al., Case Number RG21106600, issued two comprehensive orders that emphatically rejected the Defendants’ attempts to dismiss the Plaintiffs’ claims and limit their potential damages.

Publications

11, February 2021

John McLean and Patrick O’Shaughnessy Publish Article in the Daily Journal on Criminal Antitrust Offenses in the Labor Market

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the Los Angeles and San Francisco Daily Journal highlighting how the U.S. Department of Justice is following through on its warning to proceed criminally against wage-fixing and no poaching agreements.As quoted in a 2017 Daily Journal article, the federal antitrust agencies were serious when they warned: “DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements [in the labor markets]. These types of agreements eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct.” View the pdf article in its entirety.

Publications

04, February 2021

Labor market criminal antitrust offenses in the crosshairs

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the Los Angeles and San Francisco Daily Journal highlighting how the U.S. Department of Justice is following through on its warning to proceed criminally against wage-fixing and no poaching agreements.As quoted in a 2017 Daily Journal article, the federal antitrust agencies were serious when they warned: “DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements [in the labor markets]. These types of agreements eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been criminally investigated and prosecuted as hardcore cartel conduct.” View the pdf article in its entirety.

Publications

10, August 2020

Analyzing Ixchel v. Biogen’s new rules

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the San Francisco and Los Angeles Daily Journal analyzing two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc. Last week, the California Supreme Court established two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc., 2020 DJ-DAR 8084 (Aug. 3, 2020). For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant’s conduct was itself illegal, apart from the “interference.” For claims that certain non‑compete contracts between businesses violate Business and Professions Code Section 16600, plaintiffs must plead facts suggesting the contracts were anticompetitive under the “rule of reason” standard. Read the PDF article in its entirety.

Publications

24, June 2020

John McLean and Patrick O’Shaughnessy Publish Article in the Daily Journal on Analyzing Ixchel v. Biogen’s New Rules

John “Jack” McLean, Of Counsel to the firm, and Patrick O’Shaughnessy, a Principal of Bartko Bunzel & Miller, have published an article in the San Francisco and Los Angeles Daily Journal analyzing two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc.Last week, the California Supreme Court established two new pleading rules in Ixchel Pharma, LLC v. Biogen, Inc., 2020 DJ-DAR 8084 (Aug. 3, 2020). For claims of tortious interference with at-will contracts, plaintiffs now must plead facts showing the defendant’s conduct was itself illegal, apart from the “interference.” For claims that certain non‑compete contracts between businesses violate Business and Professions Code Section 16600, plaintiffs must plead facts suggesting the contracts were anticompetitive under the “rule of reason” standard. Please view pdf article in its entirety.

Press Release

13, January 2014

Antitrust Victory Secured in SCOTUS

January 13, 2014 – The United States Supreme Court denied a writ of certiorari today, ending an 11-year legal fight that resulted in an 8-week jury trial win for the firm and its client Norman Wright Mechanical of Brisbane, CA.  Plaintiffs sought the last resort of Supreme Court review to overturn the jury’s unanimous finding for our client that it did not violate competition laws in the California HVAC markets. The team of Rob Bunzel, Jack McLean, Michael Abraham and Bill Edlund all contributed to the win.

Press Release

04, June 2013

Ninth Circuit Victory Obtained in Advanced Microtherm, et al v. Norman S. Wright Mechanical Equipment Antitrust Case

On May 30, 2013, the team of Robert Bunzel, Michael Abraham, John McLean and William Edlund obtained confirmation of their prior federal district court verdict in an antitrust decision issued by the Ninth Circuit Court of Appeals. View a PDF copy of the decision.

Publications

  • Labor market criminal antitrust offenses in the crosshairs
    Co-Author of article published in the Los Angeles & San Francisco Daily Journal (February 2, 2021)
  • Analyzing Ixchel v. Biogen’s new rules
    Co-Author of article published in the Los Angeles & San Francisco Daily Journal (August 11, 2020)
  • Antitrust Agencies’ “Guidance for Human Resource Professionals” Threatens Criminal Prosecution
    Author of original article published in the San Francisco Daily Journal (February 13, 2017) titled “HR should heed DOJ antitrust guidance.”
  • Participating Editor, Update of Premerger Notification Practice Manual published by the Section of Antitrust Law of the American Bar Association (3rd ed. 2003).
  • Author, “Raising the Threshold,” San Francisco Daily Journal (March 2001).
  • Author, “Tricky Transactions,” San Francisco Daily Journal (October 1999).
  • Co-Author, “Maximum Resale Price Maintenance Under the Cartwright Act,” Competition, The Journal of the Antitrust and Trade Regulation Section of the State Bar of California (8 Competition 57 (Spring 1999)).
  • Author, “Antitrust and Business Tort Claims,” 1 California Antitrust Law (Second) 166 (J.M. Shohet and A.F. Hasse eds. 1997).
  • Co-Author, “Implications of U.S. Supreme Court Decision That Vertically Imposed Maximum Resale Price Restrictions Should Be Tested Under the Rule of Reason, Not Per Se Rule,” Pillsbury Madison & Sutro LLP (http://www.pillsburylaw.com/articles/index.html, November 1997).
  • Author, “Price Discrimination and Secret Rebates Under California Law After ABC Traders International, Inc. v. Matsushita Electric Corporation of America,” Pillsbury Madison & Sutro LLP (http://www.pillsburylaw.com/articles/index.html, July 1997).
  • Co-Author, “Safe from Antitrust Claims? Don’t Bet on It,” Reinsurance Reporter 12 (No. 144, 3d Quarter 1995).
  • Author, “Antitrust Violations and Compliance Programs,” Crimes Against Business (Jules B. Kroll ed. 1979).

Areas of Focus

Practices

  • Litigation

Insights & News

Publications

05, September 2025

Client Alert: Texas Telemarketing Law Expands To Texts - Key Requirements

Effective September 1, 2025, SB 140 expands Texas’ telemarketing law to cover SMS/MMS and image messages. Businesses who send marketing texts from Texas or to persons located in Texas must register with the Texas Secretary of State ($200 filing fee; $10,000 security deposit).

Learn more

Speaking Engagements

04, September 2025

An Nguyen Ruda and Josiah Jenkins Present for the San Francisco Employer Advisory Council

Bartko Pavia's CEO & Co-Managing partner An Nguyen Ruda and associate Josiah Jenkins will present for the (SF EAC) California Employer Advisory Council on DEI: A New Four-Letter Bad Word and What It Means in this New Environment on September 11th, in San Francisco. This seminar features discussions on the latest legal changes impacting DEI programs, compliance strategies and risk-reduction tacticsand how to design DEI initiatives that align with today’s shifting landscape

Learn more

Media Mentions

07, August 2025

Law360 Spotlights Ian Papendick’s Arrival at Bartko Pavia

Ian Papendick, a seasoned antitrust attorney and former enforcer with the Colorado Attorney General’s Office, was recently featured in Law360 following his arrival at Bartko Pavia LLP as a litigation and antitrust partner.

Learn more

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Press Release

09, October 2025

Steve Vieux to Chair the California Lawyers Association’s Golden State Institute

Learn more

Press Release

08, October 2025

Melissa Harvey to Present at ICSC on Non-Retail Development in Shopping Centers

Learn more

Publications

06, October 2025

Meredith Vanderbilt Publishes Article in AHLA Health Law Weekly on FDA Drug Shortage Tracking

Learn more

Press Release

03, October 2025

Howland Gordon to Participate in ICSC Mock Negotiation on Anchor Exclusives

Learn more

Press Release

29, September 2025

ABA Antitrust Plaintiffs’ Roundtable Will Feature Insights from Ian Papendick

Learn more

Press Release

24, September 2025

David Graham to Speak at NRTA Conference

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

Learn more

Publications

05, September 2025

Client Alert: Texas Telemarketing Law Expands To Texts - Key Requirements

Effective September 1, 2025, SB 140 expands Texas’ telemarketing law to cover SMS/MMS and image messages. Businesses who send marketing texts from Texas or to persons located in Texas must register with the Texas Secretary of State ($200 filing fee; $10,000 security deposit).

Learn more

Speaking Engagements

04, September 2025

An Nguyen Ruda and Josiah Jenkins Present for the San Francisco Employer Advisory Council

Bartko Pavia's CEO & Co-Managing partner An Nguyen Ruda and associate Josiah Jenkins will present for the (SF EAC) California Employer Advisory Council on DEI: A New Four-Letter Bad Word and What It Means in this New Environment on September 11th, in San Francisco. This seminar features discussions on the latest legal changes impacting DEI programs, compliance strategies and risk-reduction tacticsand how to design DEI initiatives that align with today’s shifting landscape

Learn more

Media Mentions

07, August 2025

Law360 Spotlights Ian Papendick’s Arrival at Bartko Pavia

Ian Papendick, a seasoned antitrust attorney and former enforcer with the Colorado Attorney General’s Office, was recently featured in Law360 following his arrival at Bartko Pavia LLP as a litigation and antitrust partner.

Learn more

Press Release

30, October 2025

An Ruda Serves as Judge at the Berkeley Female Founders & Funders Summit

Learn more

Media Mentions

27, October 2025

Steve Vieux Featured in Law360 Coverage of the California Lawyers Association’s Golden State Institute

Learn more

Press Release

09, October 2025

Steve Vieux to Chair the California Lawyers Association’s Golden State Institute

Learn more

Press Release

08, October 2025

Melissa Harvey to Present at ICSC on Non-Retail Development in Shopping Centers

Learn more

Publications

06, October 2025

Meredith Vanderbilt Publishes Article in AHLA Health Law Weekly on FDA Drug Shortage Tracking

Learn more

Press Release

03, October 2025

Howland Gordon to Participate in ICSC Mock Negotiation on Anchor Exclusives

Learn more

Press Release

29, September 2025

ABA Antitrust Plaintiffs’ Roundtable Will Feature Insights from Ian Papendick

Learn more

Press Release

24, September 2025

David Graham to Speak at NRTA Conference

Learn more

Honors and Awards

23, September 2025

Patrick M. Ryan Earns Repeat Recognition as 2025 Top 100 Lawyer

Learn more

Publications

05, September 2025

Client Alert: Texas Telemarketing Law Expands To Texts - Key Requirements

Effective September 1, 2025, SB 140 expands Texas’ telemarketing law to cover SMS/MMS and image messages. Businesses who send marketing texts from Texas or to persons located in Texas must register with the Texas Secretary of State ($200 filing fee; $10,000 security deposit).

Learn more

Speaking Engagements

04, September 2025

An Nguyen Ruda and Josiah Jenkins Present for the San Francisco Employer Advisory Council

Bartko Pavia's CEO & Co-Managing partner An Nguyen Ruda and associate Josiah Jenkins will present for the (SF EAC) California Employer Advisory Council on DEI: A New Four-Letter Bad Word and What It Means in this New Environment on September 11th, in San Francisco. This seminar features discussions on the latest legal changes impacting DEI programs, compliance strategies and risk-reduction tacticsand how to design DEI initiatives that align with today’s shifting landscape

Learn more

Media Mentions

07, August 2025

Law360 Spotlights Ian Papendick’s Arrival at Bartko Pavia

Ian Papendick, a seasoned antitrust attorney and former enforcer with the Colorado Attorney General’s Office, was recently featured in Law360 following his arrival at Bartko Pavia LLP as a litigation and antitrust partner.

Learn more

View all Insights

Bartko Pavia LLP
  • About
  • Services
  • Professionals
  • Insights & News
  • Careers

© 2025 Bartko Pavia LLP | All Rights Reserved

  • Make Payment: LawPay
  • Disclaimers
  • Privacy Policy
  • Attorney Advertising
  • Cookie Settings