Picture of John C. Guadnola

John C. Guadnola

Partner

Primary Areas of Practice

Antitrust Litigation and Counseling, Copyright and Trademark Litigation, Complex Litigation, Beverage Alcohol Regulations

Education

J.D., University of Colorado School of Law, 1971

B.A., Yale University, 1968

Jurisdictions Admitted to Practice

Washington State Courts
Colorado State Courts
U.S. District Court, District of Colorado
United States Court of Appeals, Tenth Circuit
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
United States Court of Appeals, Ninth Circuit
United States Supreme Court

Professional & Bar Association Memberships

American Bar Association

Washington State Bar Association
Board of Trustees, Antitrust Section 1982-85, 1990-2000; Section Chair, 1997-99; Co-Chairman, 1984, 1989, 1994 and 1998 Annual Antitrust Update Seminars

Tacoma-Pierce County Bar Association
CLE Committee, 1992-99

Federal Bar Association of Washington

Federal Bar Association for the Western District of Washington
Board of Trustees, 1998-2000

Federal Bar Association
CLE Committee, 1986-2001; Local Rules Committee, 1987-99

Professional History

  • Executive Director and General Counsel of Washington Beer & Wine Distributors Association, 2008-present
  • General Counsel to Optometric Physicians of Washington, 1994-present
  • Lead counsel for defendant-intervenor Washington Beer & Wine Distributors Association in case of national significance involving challenges to state laws governing beer and wine distribution. Successfully persuaded the Ninth Circuit Court of Appeals to reject substantially all of the antitrust challenges.  This case involved numerous antitrust issues, including analysis of differences between hybrid and unilateral restraints imposed by state law, applicability and extent of state action immunity doctrine, applicability of federal preemption doctrines, and numerous 21st Amendment issues, including social and economic history and impact of alcohol regulation, analysis of legislative actions, and analysis of relationship between state goals and core 21st Amendment powers of states. The case was tried to the court in May 2006 and the Ninth Circuit Court of Appeals ruled in January 2008.
  • Lead counsel for RFD Publications in predatory pricing case against Oregonian Publishing Company. This case involved extensive analysis of monopolization issues, extensive analysis of economic issues such as marginal and variable costs, and exhaustive discovery conducted in several states. The case was tried to a jury for six weeks and is one of the few cases ever tried to a jury on predatory pricing claims. It was settled during the appeal.
  • General Counsel to Connecticut Electric & Switch Manufacturing Company, Tacoma Electric Supply, Inc., and Unique Breakers, Inc., related companies involved in the manufacture and distribution of electrical products; responsible for litigation and supervise all non-litigation legal activities.
  • Represented Washington Optometric Association in pursuing antitrust claims against all Blue Shield plans in Washington; represented Idaho Optometric Association in pursuing antitrust claims against Blue Cross Blue Shield of Idaho; represented Montana Optometric Association in pursuing antitrust claims against Blue Cross Blue Shield of Montana; represented North Dakota Optometric Association in pursuing antitrust claims against Blue Cross and Blue Shield of North Dakota — all of these claims were resolved in favor of the optometrists.

Representative Cases/Transactions

  • Lead trial counsel for defendant-intervenor Washington Beer & Wine Distributors Association in successful defense of challenges to the validity of Washington laws governing the distribution and sale of beer and wine under the federal antitrust laws and the Commerce Clause of the United States Constitution; favorable result obtained from the Ninth Circuit Court of Appeals. Costco v. Hoen, 522 F.3rd 874 (9th Cir. 2008).
  • Counsel for plaintiff in $9 million antitrust suit for predatory pricing; conducted extensive discovery in Washington, Oregon, and California; conducted four-week jury trial; case settled pending appeal. Community Press v. Portland Oregonian, USDC Oregon.
  • Defense counsel in trademark infringement suits, and plaintiff’s counsel in related breach of contract, antitrust and trademark infringement case. First case filed by ACBC settled during discovery; second suit by ACBC and related suit against ACBC settled just prior to trial. American Circuit Breaker Corp. v. Tacoma Electric Supply, Inc., USDC, Central District of North Carolina; Tacoma Electric Supply, Inc., v. American Circuit Breaker Corp., USDC, Western District of Washington.
  • Represented individual defendant in suit alleging monopolization and attempted monopolization, conspiracy in restraint of trade, group boycott, tortious interference with contract, and related claims. Won summary judgment dismissal, with prejudice, of all claims against my client. Cull v. St. Clare Hospital, et al., Pierce County Superior Court, Pierce County, Washington.
  • Represented plaintiff in monopolization case; settled in advance of trial; Community Press v. Gannett, USDC Oregon.
  • Represented plaintiff in suit for fraud and breach of contract; secured judgment for $540,000, including specific finding that $410,000 was attributable to fraud by the individual defendant. Regal West Corporation v. ALIS-USA, LLC, et. al, USDC, Western District of Washington.
  • Defense counsel for individual defendant in securities litigation. Case settled prior to trial. Chisum v. Lehman Brothers, Inc., et. al, USDC, Northern District of Texas.
  • Counsel for plaintiff in $5-10 million suit for RICO violations, breach of employment contract; case settled after extensive discovery in California and New York. Barker v. E.F. Hutton, USDC, Northern District of California.
  • Counsel for plaintiff in antitrust suit for monopolization and restraint of trade; conducted extensive discovery in Washington, Oregon, California and Pennsylvania; case settled on eve of trial. Pacific Mack, Inc. v. Mack Trucks, Inc., U.S. Bankruptcy Court, Western District of Washington.
  • Lead defense counsel for ten intervenor-defendant HMOs in suit alleging discrimination against chiropractors; obtained summary judgment dismissing all claims. Washington Chiropractic Association v. State of Washington, et al., Thurston County Superior Court.
  • Defense counsel in suit alleging breach of provider contracts by health care service contractor; adverse jury verdict set aside on appeal. Aflatooni v. Kitsap Physicians Service, Kitsap County Superior Court.
  • Lead counsel for plaintiff in complex litigation involving breach of telecommunications consulting contract; case settled on eve of trial. RP Teletrends v. U.S. Intelco, USDC, Western District of Washington.

Community Activities

  • Tacoma Zoological Society: Member, Board of Directors, 1991-2003; President, 1993-95 and 2000-02; Member, Executive Committee, 1991-2003
  • Tacoma Symphony: Member, Board of Directors, 1989-2010; President, 1995-98 and 2005-06; Member, Executive Committee, 1991-present; Member, Search Committee (New Conductor), 1992-94; Chair, Search Committee (New Executive Director), 2000-01; Chair, Board Development Committee, 2003-05
  • Sexual Assault Center of Pierce County: Member, Board of Directors, 1997-2003; Member, Executive Committee, 1998-2003;
  • Tacoma/Pierce County Corporate Council for the Arts: Member, Board of Directors, 1988-92; Chairman, 1990; Member, Executive Committee, 1989-92
  • KEYS Course Lecturer on Antitrust for Realtors
  • Tacoma Pierce County Board of Realtors, 1988-91

Honors, Publications & Presentations

  • Editor-in-Chief, UNIVERSITY OF COLORADO LAW REVIEW, 1970-71
  • Law Clerk, The Honorable Alfred A. Arraj, United States District Court for the District of Colorado, 1971-72
  • AV Rated by Martindale Hubbell

Speaker

  • "Antitrust and Alcohol Laws -- The Meaning of Costco v. Hoen," 2008 Symposium on Alcohol Law & Regulation, Center for Alcohol Policy
  • "The 21st Amendment in the 21st Century," 2007 Annual Legal Issues Seminar, National Alcohol Beverage Control Association
  • “The Supplier/Distributor Relationship,” 1999 Annual Antitrust Update Seminar, WSBA
  • "Finding and Proving Damages," 1988 Annual Antitrust Update Seminar, WSBA
  • "Washington Consumer Protection Act Developments," 1987 Annual Antitrust Update Seminar, WSBA
  • "Recognized Trends in Antitrust Litigation," 1981 Antitrust and Commercial Litigation Seminar, WSTLA
  • "Rights of Subjects and Witnesses," 1980 Antitrust Enforcement Seminar, WSBA