John F. Zabriskie


John F. Zabriskie


John F. Zabriskie has more than 30 years’ experience litigating complex commercial matters, focusing on health care matters, class actions (including food product labelling cases), trade secrets, and public records matters. He has tried cases — to juries, the bench, and arbitrators — in federal courts, state courts, and arbitration hearings around the country. He has been identified by The Legal 500 US as a leading trade secrets lawyer and is a partner in the firm’s Business Litigation & Dispute Resolution Practice.

Representative Experience

Health Care Litigation

John has extensive experience representing health care companies, including pharmacy benefit managers (PBMs), in disputes with their clients, network providers, and suppliers. Representative matters include:

  • As lead trial counsel, successfully defended PBM during a month-long arbitration hearing in which the PBM’s client sought US$250m in breach of contract damages.
  • Defended PBMs in numerous disputes with network health care providers over network termination and payment recoupment.
  • Represent health care companies, including PBMs and a large prescription drug purchaser, in several disputes with drug manufacturers.
  • Represent clients in multiple industries in connection with drafting and enforcing arbitration provisions.

Consumer Litigation (including food product labelling)

  • Defends clients against a variety of claims under state and federal consumer protection laws, typically brought in the context of putative class actions.
  • Defends food manufacturers and retailers against claims that product labels were false and misleading.

Representative Trade Secret and Public Records Act Experience

John counsels clients on trade secret protection and represents clients in contested proceedings to protect their trade secrets. He frequently assists clients whose trade secrets and confidential information is the subject of a public disclosure request under freedom of information laws. Representative matters include:

  • Represented major software company in a case involving alleged misappropriation of trade secrets and copyright infringement of source code; obtained injunction prohibiting further development or sale of competitor’s product.
  • Represented health care company in obtaining opinion from a state supreme court that key information in the client’s state contract was exempt under the state’s public information act.
  • Successfully represented health care company—frequently on an emergency basis—in numerous FOIA and “reverse-FOIA” cases, obtaining rulings that commercially sensitive information in government contract was exempt from disclosure.
  • Counsel companies on protecting from public disclosure information in public contracts or subject to compulsory reporting.

Presentations and Publications

26 January 2024 Article

Ruling Requiring Disclosure of EEO-1 Reports May Affect Other Business Information Held by Government Agencies

In the long-running battle over public disclosure of federal contractors’ EEO-1 reports, the Northern District of California has ruled that these reports of workforce demographics are not exempt under the federal Freedom of Information Act and must be disclosed by the Department of Labor’s Office of Federal Contract Compliance Programs.
02 September 2022 Consumer Class Defense Counsel

Pulp Fiction: The “Food Court” Squeezes Statutory Damages Request by Class of Defrauded “Joint Juice” Health Supplement Buyers

Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and fraudulent.
01 June 2022 White Papers

Snackable: Food & Beverage Review

We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings.
24 February 2022 In the News

John Zabriskie, Ryan Lowry and Zachary Kumar Author Article on Midwest Food Labeling Litigation

Foley & Lardner LLP Partner John Zabriskie and Associates Ryan Lowry and Zachary Kumar recently authored an article for Law360 titled, “Parsing The Recent Surge In Midwest Food Labeling Litigation.”
08 March 2021 Blogs

New Decision Continues Trend Rejecting Deceptive Vanilla Food Labeling Claims

When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored?
18 April 2019 In the News

Zabriskie Comments on High-Stakes FOIA Case Before High Court

Partner John Zabriskie was quoted in a <EM>CPJ Blog</EM> post, “Supreme Court could limit FOIA, curtail investigative reporting,” about a pending Supreme Court case that could limit the amount of information that is subject to disclosure under a Freedom of Information Act (FOIA) request.