Jarod M. Bona
Jarod M. Bona is a Harvard Law School graduate and former federal appellate clerk that practiced at DLA Piper and Gibson, Dunn & Crutcher before starting his own law firm. He concentrates on the following areas (1) antitrust and competition law; (2) appeals; (3) business litigation; (4) real-estate litigation, and (5) challenges to government conduct.
Mr. Bona resides in the San Diego, California area, but is also has inactive licenses in Minnesota and Virginia, and has a national and global practice. Mr. Bona resided in Minnesota for several years. He also commonly works with local counsel for clients with matters in other jurisdictions. For example, attorneys often bring him into existing cases in various roles throughout the country for his antitrust expertise.
Mr. Bona has represented global clients in a wide variety of antitrust and competition matters, including issues arising from intellectual property disputes or settlements, agreements among competitors (i.e. price fixing, market allocation, and group boycotts), exclusionary conduct (i.e. loyalty discounts, bundling, exclusive dealing, refusal-to-deal), merger and acquisition transactions, resale-price maintenance programs, Noerr-Pennington, state-action immunity, labor-exemption, Robinson-Patman Act, McCarran-Ferguson Act, real estate, and government investigations. Mr. Bona has also developed global antitrust policies for international trade associations and corporations, and has advised standard-setting organizations on antitrust and competition issues.
Mr. Bona has also represented clients in many business and real-estate litigation disputes, including, for example cases involving trade secrets and intellectual property, breach-of-contract, fraud and misrepresentation, tortious interference, malicious prosecution, RICO, unfair and deceptive trade practices, securities, procurement disputes, constitutional law, Lanham Act, and other state and federal claims.
Mr. Bona won a bench trial, as first chair, for a client involving fraud claims and real-estate properties and partnerships with exposure of up to $2.5 Million. In 2012, Mr. Bona played a substantial role in achieving summary judgment and a Federal Trade Commission dismissal with no action for his client in antitrust challenges to the client’s loyalty-discount programs.
Mr. Bona also has substantial appellate experience. After graduating from Harvard Law School, Mr. Bona clerked for Judge James B. Loken in Minneapolis, Minnesota of the United States Federal Court of Appeals for the Eighth Circuit. He then began his law-firm career with Gibson, Dunn & Crutcher’s appellate and constitutional law practice in Washington, DC. Since then, he has maintained an active appellate practice, and has argued in both state and federal courts. He also recently filed amicus briefs in two separate United States Supreme Court antitrust cases, in FTC v. Phoebe Putney Health System, Inc. and The North Carolina State Board of Dental Examiners v. Federal Trade Commission.
Mr. Bona frequently publishes and speaks on antitrust and competition developments, and is the author of The Antitrust Attorney Blog. He is also a Non-Governmental Advisor for the Unilateral Conduct Working Group of the International Competition Network, which is an international body devoted exclusively to competition law enforcement with members representing national and multi-national competition authorities. As part of that role, Mr. Bona was an author of the Exclusive Dealing chapter of the group’s Unilateral Conduct Workbook for competition authorities, and debated the legality of loyalty discounts at a webinar to educate its members.
In 2010, his article, “The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court” was honored with the Burton Award for Legal Writing Achievement. The Burton Award is dedicated to the enrichment and refinement of writing in the legal profession and is presented by the Burton Foundation, a nonprofit cultural and academic organization devoted to promoting the legal profession. This article was also cited by Chief District Judge B. Lynn Winmill of the Federal District of Idaho in In re Micron Technology, Inc. Securities Litigation.
In 2015 and 2016, San Diego Super Lawyers Magazine named Jarod Bona to its San Diego Rising Stars list. In 2014, the San Diego Daily Transcript named Mr. Bona a Top Attorney Finalist for Corporate Litigation in San Diego. In 2013, Mr. Bona was named a Rising Star by Minnesota Super Lawyers.
Mr. Bona is a member of International Referral, a group of global attorneys in several practice areas that were invited based upon their select qualifications. This membership allows Mr. Bona to work with some of the top attorneys in jurisdictions around the world, across many practice areas.
Mr. Bona and his wife Mary reside in Rancho Santa Fe, California with their son. Mary is a third-generation real-estate investor and the couple actively invest in real-estate projects in Minnesota and California. Mr. Bona has his California real-estate license.
J.D., Harvard Law School, 2001
Honors and Activities: John M. Olin Law and Economics Fellow
Senior Editor of the Harvard Journal on Legislation
Research Assistant for Professor Einer Elhauge
B.A., Illinois Wesleyan University, 1998
Minor in Economics
Editor of Res Publica, Political Science Journal
Minnesota (inactive), 2008
Virginia (inactive), 2001
Supreme Court of the United States
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Third Circuit
United States District Court for the District of Minnesota
United States District Court for the Northern District of California
United States District Court for the Southern District of California
United States Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Tenth Circuit
- Represent client in a dozen antitrust lawsuits against Orange County municipalities and private company for monopolizing the ambulance industry.
- Advise many clients on resale-price-maintenance issues, Colgate policies, and vertical-pricing issues.
- Defend one of the nation's largest online contact lens retailers against class action antitrust claims in federal Multi-District Litigation. (In re Disposable Contact Lens Antitrust Litigation).
- Defend Japanese capacitor manufacturer against class action antitrust claims in federal Multi-District Litigation. (In re Capacitors Antitrust Litigation).
- Represent one of the nation's largest online contact lens retailers as amicus curiae in the Federal Court of Appeals for the Tenth Circuit relating to challenge to Utah law prohibiting enforcement of Uniform Pricing Policies against contact lens retailers. (Johnson & Johnson et al. v. Reyes).
- Represent plaintiff in Lanham Act action.
- Represent nonprofit complementary and alternative healthcare advocacy group as amicus curiae in federal antitrust case before the U.S. Supreme Court (N.C. State Board of Dental Examiners v. FTC).
- Filed an amicus brief advocating a market-participant exception to state-action immunity to the US Supreme Court in an antitrust challenge to a hospital merger involving a sub-state entity (FTC v. Phoebe Putney Health System, Inc. ).
- Represent client in case challenging anticompetitive conduct by state licensing board. (Petrie v. Virginia Board of Medicine)
- Represent association of rental property owners as amicus curiae in challenge to municipal rental ban. (Dean et al. v. City of Winona)
- Represent clients in several cases before state appellate courts relating to issues involving real-estate, property law, and land-use restrictions.
- Represent client in case relating to alleged antitrust conspiracies in markets for processed egg products. (In re Processed Egg Products Antitrust Litigation)
- Represent client in disputes with various local governments relating to procurement contracts.
- Represent client at trial in case involving real-estate and banking and issues of fraud and agency.
- Represent client in case alleging vertical and horizontal antitrust conspiracy by union and hospital to eliminate or weaken non-union hospital competitor (Prime Healthcare Services, Inc. v. Service Employees International Union, et al.)
- Represent client in private and FTC antitrust challenges to loyalty-discount programs (Church & Dwight v. Mayer Laboratories)
- Represent client in dispute with former employee with issues involving fraud, stock agreements, and trade-secrets.
- Represent major producer of packaged ice in state court and federal multidistrict litigation involving allegations of market allocation and price-fixing (In re Packaged Ice Litigation)
- Represent financial brokerage company in federal multidistrict litigation involving alleged conspiracy in municipal derivatives industry (In re Municipal Derivatives Antitrust Litigation)
- Represent company in multi-district class action antitrust and RICO lawsuit challenging the insurance and insurance brokerage industries in both district court and the Third Circuit (In re Insurance Brokerage Antitrust Litigation)
- Represent company in various state attorney general unfair competition and antitrust actions throughout the country involving the insurance brokerage industry
- Represent company in class action antitrust and unfair competition suit involving the energy industry (In re Wholesale Electricity Antitrust Litigation)