John Shively has practiced at Faegre Baker Daniels in Denver and Minneapolis for more than 30 years. He moved to Colorado in 1984 to establish Faegre Baker Daniels' Denver office and served as managing partner in the Denver office from 1994 through 2006.

John's practice focuses on antitrust litigation and counseling, and the litigation of other large, complex commercial actions including contract, fraud and product liability actions. In recent years, his practice has focused on agriculture industries. He is a founder and co-chair of the ABA Antitrust Section's Agriculture and Food Committee.

John's antitrust experience includes:

• Hall v. American Airlines, et al. and TAM Travel v. Delta Air Lines, et al.: Represented Frontier Airlines in national class action and separate action by 80 opt-outs over airlines' caps on, and elimination of, travel agent commissions. Obtained summary plus judgment for defendant against class plaintiffs; summary judgment affirmed on appeal by U.S. Court of Appeals for Fourth Circuit. Obtained summary judgment against opt-out plaintiffs; summary judgment affirmed on appeal by U.S. Court of Appeals for Sixth Circuit. 
• Campfield v. State Farm: Defended State Farm against claims of vertical restrictions brought by supplier of windshield repair systems. Antitrust claims dismissed on Rule 12 motion; dismissal affirmed by the U.S. Court of Appeals for the 10th Circuit. 
• Spruce Oil v. Archer-Daniels-Midland: Defended ADM against a $30 million monopolization and monopoly leveraging claim brought by a gasoline broker which purchased and resold ethanol. The case ended in a jury verdict for ADM. 
• Teleconnect v. US WEST: Defended U S WEST in $120 million antitrust, contract, and fraud dispute brought by a customer/potential competitor. The case ended in summary judgment for US WEST. 
• Pfenniger v. Exempla, Inc., et al.: Defended physician provider organizations against claims that they conspired with hospital to restrain trade and monopolize by denying physician staff privileges. Case ended in summary judgment for defendants. 
• Jeno's, Inc. v. The Pillsbury Company: Defended Pillsbury in patent infringement and antitrust case brought by Jeno's, a competitor of Pillsbury's Totino-brand frozen pizza. After extensive litigation, the case was settled.
• Antitrust Counseling: John regularly advises clients on a variety of antitrust issues. Recent clients have included: Access Medequip, Agrium, BASF, Bikes Belong Coalition, Colorado Otolaryngology Associates, Courthouse News Service, Cummins Rocky Mountain, DaVita, Eco-cycle, Exempla Healthcare, Fair Isaac, Hayashibari, HealthSouth, Intrawest, Neo-Spine, Marshfield Clinic, and The Children's Hospital. 

Outside the antitrust area, John's other Colorado litigation experience includes:

• Adams v. DuPont and BLM. Defended DuPont against crop loss claims by 200-plus Idaho growers, arising out of BLM's application of a DuPont herbicide on BLM land. 
• Rocky Mountain Securities & Investments, Inc. Served as SIPC Trustee for liquidation of failed Denver brokerage firm. Supervised Faegre Baker Daniels attorneys in a variety of fields to wind-up firm's affairs and assert a number of claims against former officer, brokers, auditors, bank, and issuer of fidelity bond. 
• Xcel Energy v. Mallon and Principal Life Insurance: Represented Xcel Energy in asserting claims against issues of complex corporate-owned life insurance for Xcel employees and insurance agents, seeking recovery of lost cash value.
• United HealthCare v. Computer Sciences Corp.; Computer Sciences Corp. v. First Health Strategies and United Mine Workers Combined Benefit Fund: Represented CSC in defending a $23 million claim by United HealthCare and asserting claims against United HealthCare, UMWA, and First Health Strategies in contract arbitration and tort litigation arising out of the development of computerized managed care claims processing system. 
• Colorado Dept. of Health v. Computer Science Corp.: Defended CSC in multi-million contract dispute between the State and its Medicaid fiscal agent over development of computerized claims processing system.

In addition to his litigation work, John has experience in arbitration, mediation and other forms of alternative dispute resolution.

John served as a Judge Advocate in the U.S. Marine Corps. He prosecuted and defended criminal trials at General and Special Courts-Martial, including numerous felonies and one capital case. He also served as Special Court-Martial Judge.

For a period from 1979 to 1982, John served as a senior staff attorney at the Federal Trade Commission, where he was lead attorney in FTC v. Rockefeller et al., an investigation of interlocking directorates among oil companies and the eight largest banks in the United States.