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John Kerkhoff

Senior Managing Associate
Columbus
T.
614.223.9313
liamE

John is well-practiced in appellate and trial courts and administrative hearings throughout the nation. With experience in multiple federal courts of appeal and district courts, John has authored briefs, questioned witnesses, argued cases, and handled all aspects of litigation. John has also submitted briefs at the U.S. Supreme Court and has represented a party at the Ohio Supreme Court where he helped secure an important win for his client. 

In addition, John has experience in administrative and court proceedings involving various federal and state regulatory authorities including the FTC, CPSC, CFPB, USDA, HISA, and more. John has also represented numerous pro bono clients in habeas matters and immigration litigation. 

Previously, John served as a law clerk for The Honorable Eugene Siler at the United States Court of Appeals for the Sixth Circuit as well as for The Honorable Joseph M. Hood in the United States District Court for the Eastern District of Kentucky.

John is also a regular contributor to the Yale Journal of Regulation’s Notice and Comment Blog where he writes about administrative law issues in the Sixth Circuit and elsewhere.

Representative Experience

  • Persuaded two different courts that California Civil Code section 1670.8 (the “Yelp Law”) does not provide a private right of action where the allegedly unlawful terms were not threatened to be enforced against the plaintiff, in a case where plaintiffs were seeking $2,500-$5,000 per website visitor.
  • Represented multiple clients in enforcement actions and litigation against the Federal Trade Commission, including in in-house FTC adjudication, in federal district court, and in federal courts of appeal.
  • Represented infant product manufacturer at trial and in U.S. Court of Appeals for the Tenth Circuit in product liability case brought by Consumer Product Safety Commission.
  • Represented mortgage lender in district court and in Seventh Circuit Court of Appeals in enforcement action brought by Consumer Financial Protection Bureau.
  • Represented Horsemen Associations challenging nationwide rules issued by Federal Trade Commission and Horseracing Integrity and Safety Authority.
  • Represented healthcare provider in case challenging constitutionality of administrative proceedings at Centers for Medicare and Medicaid Services.
  • Represented individual in litigation against United States Department of Agriculture over constitutionality of USDA enforcement proceedings.
  • Represented engineering firm at Ohio Supreme Court, winning case that reshaped deference to Ohio administrative agencies.
  • Represented medical technology company in trial regarding contract dispute.
  • Represented one of nation’s largest financial firms in trial over contractual dispute.

  • Litigation
  • Appellate Litigation
  • Regulatory Practice
  • Administrative Agency Proceedings
  • Vanderbilt University Law School, 2017, J.D.
    • Order of the Coif
    • Vanderbilt Law Review
    • Dean’s List
    • Dean’s Scholar
  • Ohio University, 2010, B.S. in Journalism
    • Dean’s List
  • Ohio
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Northern District of Illinois
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • Member, American Bar Association Section of Administrative Law and Regulatory Practice
Articles and Presentations
February 14, 2025
Yale Journal on Regulation: Sixth Circuit Review—Reviewed: Loper Bright, Immigration, and Acting Commissioners
February 12, 2025
Yale Journal on Regulation: Sixth Circuit Review—Reviewed: Rules, Removals, and Remedies
July 9, 2024
Yale Journal on Regulation: Sixth Circuit Review

View all

News
September 19, 2023
John Kerkhoff mentioned in Columbus Business Journal's People on the Move
August 28, 2023
Benesch Adds Associate to Litigation Team in Columbus
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