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John Longstreth

Fax +1.202.778.9100
Mr. Longstreth’s practice concentrates in antitrust and regulated industries, primarily in the transportation and energy sectors, including administrative and federal court litigation, counseling, and obtaining and challenging regulatory approvals. He has argued in numerous appellate courts, including multiple times in the D.C., Fourth, and Ninth Circuits, and has been counsel in a number of U.S. Supreme Court and court of appeals proceedings for petitioners, respondents, intervenors, and amicus participants.

Mr. Longstreth has successfully represented clients in matters before the Department of Transportation, the Federal Maritime Commission, the Federal Energy Regulatory Commission, the Department of Labor, and the Federal Communications Commission. His antitrust experience includes obtaining approval, without conditions, of the largest ocean carrier merger in history, approval of airline code sharing and alliance agreements, and premerger counseling and successful representation in conduct investigations at the antitrust agencies and in litigation. Recent successful representations include defense at the agency level and on appeal of electricity refund claims in excess of $100 million, and successful challenges and defenses of agency rules and orders in the district courts, including multiple recoveries of attorney’s fees under the Equal Access to Justice Act. Mr. Longstreth was lead counsel for the City of Charlottesville in its successful defense of a First Amendment challenge to the City’s denial of a permit to the organizer of the “Unite the Right” events.

Mr. Longstreth’s professional activities include service by appointment of the District of Columbia Court of Appeals on its Committee on Unauthorized Practice of Law. He has written for several American Bar Association publications, including the ocean shipping chapter of the ABA’s Transportation Antitrust Handbook, and the ocean shipping section of all of the recent editions of the ABA’s Antitrust Law Developments treatise. He also serves on the legal committee of the American Association of Port Authorities.

Before joining K&L Gates, Mr. Longstreth clerked for U.S. District Judge Raymond J. Broderick of the Eastern District of Pennsylvania. He received a master’s degree in public policy along with his law degree from Harvard, where he helped teach courses in economics and policy analysis.

Additional Information

  • “3 Tricky Questions To Ask Before Selling Discounted Bundles,'” Law360, April 2015
  • Perez v. MBA Shines A Light On 'Shadow Regulations,'” Law360, March 2015
  • “Antitrust Issues In The Ocean Shipping Industry,” American Bar Association - Transportation Antitrust Handbook, 2014
  • “The Continuing Vitality of the Filed Rate Doctrine: A Setback for the Whig Interpretation of Antitrust?” ABA Transp., Energy & Antitrust Bull., pp 7–14, Spring 2010
  • American Great Lakes Ports Association v. Zukunft -- successful defense of Coast Guard rule setting pilotage rates (296 F. Supp. 3d 27; 301 F. Supp. 3d 99).
  • Avis Budget Group v. City of Newark — Challenge to municipality’s airport car rental tax under the dormant commerce clause and the federal Anti-Head Tax Act (427 N.J. Super. 326, 48 A.3d 1113)
  • Bluewater Network v. EPA — Amicus in support of EPA vessel emissions regulations (372 F. 3d 404)
  • California ex rel. Harris v. FERC — Affirmance of agency order applying Mobile-Sierra doctrine to spot electricity sales in the Pacific Northwest; case settled thereafter for a nominal amount (809 F.3d 491)
  • Castegneto v. Corporate Express, Inc. — Defense of antitrust class action alleging illegal tying. Claims dismissed (13 F. Supp. 2d 114; 1998-1 Trade Cas. 72,083)
  • City of Cape Coral v. FWS — Representation of municipality with respect to rulemaking and permitting decisions under Endangered Species Act
  • CMA CGM S.A v. Inchcape Shipping Services Ltd.  — Prosecution of breach of contract, conspiracy and alter ego claims, obtained temporary restraining order leading to settlement
  • Crowley’s Yacht Yard, Inc. v. Pena — Prosecution of two Administrative Procedure Act challenges to rule threatening client’s business; rules vacated and government also paid client’s attorney’s fees in both actions (863 F. Supp. 18; 886 F. Supp. 98)
  • Daras et al. v. Texaco, Inc. — Prosecution of Robinson-Patman Act claims; matter settled after defeat of summary judgment motions
  • Digicon Corp. v. United States — Obtained settlement of government contract claim following ruling that contract was valid (56 Fed. Cl. 425)
  • Glen Holly Entertainment, Inc. v. Tektronix, Inc. — Successful defense of antitrust and fraud claims; antitrust claims dismissed initially and after repleading; fraud claims dismissed on summary judgment (100 F. Supp. 2d 1073, 100 F Supp. 2d 1086)
  • Grove, Inc. v. DOT — Challenge to agency’s refusal to recertify disadvantaged business enterprise for airport concession; primary basis of agency’s disallowance reversed and business then recertified (578 F. Supp. 2d. 37)
  • Halverson v. Pena — Challenge to agency transfer of regulatory authority; agency rule vacated by federal court of appeals; client also received award of attorney’s fees under Equal Access to Justice Act (129 F.3d 180, 206 F.3d 1205)
  • Johnson v. Ponton — Representation of habeas petitioner seeking retroactive application of Supreme Court decision on juvenile sentencing; petition for certiorari granted and case remanded for further proceedings (136.S Ct.  2443); also argued the matter in the court of appeals (780 F.3d 219)
  • Kessler v. City of Charlottesville — Successful defense of a First Amendment challenge to the City’s denial of a permit to “Unite the Right” organizer (No. 18-15, W.D. Va)
  • La. Pub. Serv. Comm'n v. FERC  — Representation of electricity consumers group  on appeal in challenge to agency jurisdiction to shift costs between utilities (522 F.3d 378)
  • Lakes Pilots Ass’n v. U. S. Coast Guard, obtained vacatur and remand of agency order requiring repayment of alleged overcharges; on remand agency abandoned request for repayment. (2013 U.S. Dist. LEXIS 140029, 2013 WL 5435048)
  • Long Island Care at Home Ltd. v. Coke — Amicus in FLSA case raising agency deference issues (125 S. Ct. 2537)
  • Menkes v. St. Lawrence Seaway Pilots Association — Obtained dismissal and affirmance on appeal of antitrust and First Amendment claims (269 Fed. App’x 54)
  • Montana Consumer Counsel v. FERC — defense of first appellate challenge nationwide to grant of market-based rate authority for electricity seller under triennial market power reviews (326 Fed. App’x 990)
  • National Credit Union Administration v. First National Bank & Trust Co. — Representation of amicus curiae in Supreme Court challenge to credit union membership policy (118 S. Ct. 927)
  • Port of New York and New Jersey v. DOT — Representation of airlines in appeals of DOT decision on airport fees (479 F.3d 21)
  • PPL Wallingford Energy LLP v. FERC — Obtained D.C. Circuit vacatur of agency decision rejecting a cost-based energy contract valued at $30.7 million annually (419 F.3d 1194)
  • Premier Automotive  Supply v. MPA — Successful defense of port against  Shipping Act and constitutional claims (492 F.3d 274)
  • Puget Sound Energy v. Sellers of Energy/ San Diego Gas & Electric Co. v. Sellers of Energy — Defense of electricity seller in agency and appellate proceedings to recreate “competitive” rate levels and award refunds for sales into allegedly “dysfunctional” California and Pacific Northwest electricity markets;  claims dismissed in full at agency and settled for a nominal amount during second appeal (151 FERC ¶ 61,173; 153 FERC ¶ 61,386)
  • R.O. White & Co. v. Port of Miami Terminal Operating Co,  — Successful defense of port at Federal Maritime Commission in challenge to enforcement of joint venture restrictions at terminal (31 S.R.R. 783)
  • Seacon Terminals v. Port of Seattle — Successful defense at Federal Maritime Commission of refusal to deal and breach of lease claims (26 S.R.R. 886)
  • Sea-Land Service, Inc. v. Danzig — Amicus in support of appellant in discrimination and overcharge claims under military cargo preference act; decision vacated (211 F.3d 1373)
  • St. Lawrence Seaway Pilots Ass’n v. U.S. Coast Guard — APA action invalidating rate rule; agency then instituted higher rate on emergency basis on remand and paid attorney’s fees under EAJA (85 F. Supp. 3d 197); successful challenge to attorney’s fee expense rule (357 F. Supp. 3d 30).
  • Thomas More Law Center v. Obama — Amicus for major health groups in litigation concerning the Affordable Care Act (651 F.3d  529)
  • Southeast Shipyard Assn. v. United States — Amicus in defense of Coast Guard regulatory rulings (979 F.2d 1541)
  • Tunison v. Continental Air Lines — Defense of civil rights claim. Injunctive claims dismissed, jury verdict of zero for plaintiff, costs awarded to defendant on appeal (26 Avi. (CCH) 15,814, 162 F.3d 1187)
  • United States v. New Mexico Supreme Court of New Mexico — Amicus representation of American Bar Association in support of application of New Mexico ethical rule to federal attorneys. (839 F.3d 888)
  • U.S. Ship Management, Inc., v. Maersk Line, Ltd. — Representation of world’s largest shipping company in arbitrations and federal trial and appellate proceedings arising out of participation in a national defense program (2004 U.S. App. Lexis 19630; 2004 U.S. Dist. Lexis 24685, 357 F. Supp. 2d 924)
  • White v. Chapman — Representation of civil rights plaintiff in obtaining substantial settlement of federal and state claims for wrongful arrest and prosecution; also successful briefing  of public right of access to records issue (2015 WL 4360329, 4740482)
  • Defense of grand jury investigations and participation in numerous Department of Justice and Federal Trade Commission civil and merger investigations