John Potter is a nationally renowned trial lawyer with a practice focused on civil litigation and white collar criminal defense. Mr. Potter has been repeatedly recognized as one of the best lawyers in the United States by Chambers, USA, The International Who's Who of Business Lawyers, Who's Who Legal Investigations, The Legal 500, The Expert's Guide to the World's Leading Lawyers, and The Best Lawyers in America. The authoritative professional resource, Chambers, USA, has given Mr. Potter its highest ranking and described him as “extraordinarily talented,” a "great strategic thinker,” and “an outstanding trial lawyer." Lawdragon named Mr. Potter to its list of the 500 leading lawyers in America. Other peer-reviewed, legal publications have characterized Mr. Potter as a "high powered trial lawyer," an "A-List" defense counsel, and “the best in the business.” Mr. Potter is a Fellow in the American College of Trial Lawyers, an honor attainable by no more than 1% of the attorneys practicing in each state.
Mr. Potter serves as the Co-Chair of the Firm's White Collar and Corporate Investigations Practice Group and Chair of the Antitrust Investigations and Government Enforcement Practice Group. He previously served as Co-Chair of the American Bar Association's White Collar Committee for the Northern District of California and as the National Co-Chair of the ABA's Criminal Antitrust Committee. A former federal prosecutor, Mr. Potter has conducted numerous internal investigations at the request of corporations, boards of directors, audit committees and special committees.
Mr. Potter has also represented corporations, directors and officers in a wide array of civil matters including healthcare, securities, and false claims actions, as well as unfair competition, libel, breach of contract and employment cases. An experienced trial lawyer, Mr. Potter has tried over 50 cases. Mr. Potter taught trial advocacy to federal prosecutors as part of the Attorney General's Trial Institute Program.
Mr. Potter has given presentations throughout the world including Asia, Europe, and the United States on a variety of topics including internal investigations, health care fraud, the False Claims Act, securities fraud and the Economic Espionage Act.
Mr. Potter previously held a number of high-ranking positions within the United States Attorney's Office, where he received professional commendations from the Department of Justice, the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Defense and the United States Customs Service. The Attorney General of the United States personally presented Mr. Potter with a Director's Award for his successful prosecution of a United States Congressman. Mr. Potter also received a Department of Justice commendation for the successful civil rights prosecution of the Los Angeles Police Officers involved in the Rodney King beating.
- Obtained dismissal, and affirmance on appeal, of a False Claims Act case brought against Gilead Sciences, Inc.
- Obtained dismissal of $700 million lawsuit filed against MBDA and Soitec and their officers.
- Obtained DOJ Deferred Prosecution Agreement for Cruise LLC, an autonomous vehicle company owned by General Motors, in connection with statements to NHTSA reporting a pedestrian involved accident.
- Obtained DOJ Non-Prosecution Agreement for real estate development company implicated in federal bribery investigation.
- Successfully defended US News & World Report against enforcement investigation conducted by the San Francisco City Attorney’s Office.
- Represented pharmaceutical company under investigation by the California Department of Insurance for alleged submission of fraudulent claims; obtained declination of enforcement action.
- Selected by former Vice President Al Gore to represent the Special Committee of Apple, Inc. in an internal investigation and ensuing litigation related to Steve Job’s receipt of backdated stock options allegedly in violation of the securities laws.
- Defended Henry Nicholas, founder and former CEO of Broadcom Corporation, in a federal criminal prosecution; obtained dismissal of all charges.
- Represented Jeff Luhnow adverse to the Houston Astros following his termination in the aftermath of the sign stealing scandal.
- Won jury trial on behalf of C3 AI.
- Won jury trial on behalf of former Broadcom founder and CEO.
- Won bench trial on behalf of billionaire tech company founder.
- Won arbitration on behalf of public figure in defamation action.
- Represented Johnson & Johnson in a criminal investigation and civil litigation involving the alleged off-label promotion of the drug Natrecor through successful resolution.
- Represented publicly traded company in SEC fraud investigation related to company’s $800 million restatement; obtained declination of enforcement action.
- Represented Actelion Pharmaceuticals in a three-year Department of Justice investigation into allegedly illegal marketing activities; obtained declination and dismissal of qui tam action.
- Represented company in False Claims Act investigation conducted by Boston US Attorney’s Office through successful resolution.
- Represented telecommunications company in an investigation conducted by Washington State Attorney General’s Office; obtained declination of enforcement action.
- Represented the Founder and CEO of a Fortune 10 company who had been designated as a target of a federal grand jury investigation; obtained declination of prosecution.
- Obtained dismissal of shareholder derivative action on behalf of directors and officers of Public Storage, Inc. and successfully defended the ruling on appeal, resulting in a published 9th Circuit opinion.
- Represented the president of a Fortune 500 pharmaceutical company in DOJ off label investigation; obtained declination of prosecution.
- Successfully represented CEO of Marvell Technology Group in class action, shareholder derivative lawsuit, and related SEC investigation.
- Obtained dismissal of Securities Exchange Act claim on behalf of corporate president and successfully defended the ruling on appeal, resulting in a published 9th Circuit opinion.
- Successfully represented the directors and officers of Maxim Integrated Products in shareholder derivative actions.
- Obtained dismissal of securities fraud lawsuit brought against Brocade's former President.
- Represented technology company that was named a target of a criminal antitrust investigation; obtained declination of prosecution.
- Represented Kaiser Permanente in an internal investigation into fraud allegations.
- Won defense verdict after bench trial for employer accused of wrongfully denying employee overtime pay.
- Successfully represented Beverly Enterprises in false claims action.
- Successfully represented Fortune 500 health care company in connection with the alleged submission of false 510(K) applications to FDA; obtained declination of prosecution.
- Represented the president of a French bank in a criminal investigation related to the takeover of MGM/United Artist by Giancarlo Paretti.
- Represented elected officials in various government investigations.
- Antitrust & Competition
- Crisis Law & Strategy Group
- Environmental Litigation
- False Claims Act
- Health Care Litigation
- Investigations, Government Enforcement & White Collar Criminal Defense Practice
- Lender Liability & Other Banking Financial Institution Litigation
- Securities Litigation
- Trade Secret Litigation
- Georgetown University Law Center
(J.D., cum laude, 1986) - Georgetown University
(B.A., 1983)