Our experience includes representing our clients in government and criminal investigations, both inside and outside of the merger context, including the successful defense of a number of criminal matters. Representative engagements include:
- Successfully represented Graphic Packaging, the largest U.S. manufacturer of paperboard and folding cartons, in a major federal merger investigation and in negotiating a consent order allowing the proposed transaction to be consummated in a timely manner and providing for divesture of only two manufacturing facilities.
- Represent a major manufacturer of musical instruments against class action price-fixing claims consolidated in the U.S. District Court for the Southern District of California. Successfully defended the manufacturer in an FTC investigation involving similar allegations.
- Representation of a major manufacturer of heat stabilizers and stearates in multiple class-action antitrust suits (as well as an individual opt-out suit) involving the sale of plastics additives in the United States. The firm also represented this client during a DOJ price-fixing investigation and helped secure a non-prosecution letter.
- Representation of Mohawk Industries, Inc. in a nationwide grand jury investigation of pricing activities in the carpet industry, multiple nationwide price-fixing class actions in the U.S. District Court for the Northern District of Georgia, and statewide price-fixing class actions in California.
- Resolved favorably a DOJ investigation into Sabre Holdings Corporation’s multibillion-dollar outsourcing, asset acquisition and marketing transaction with Electronic Data Systems, with no material effect on value to either party.
- Representation of Movie Gallery before the FTC in connection with Movie Gallery’s successful bid to acquire Hollywood Video and in defense against Blockbuster Video’s takeover attempt of Hollywood Video.
- Represented Renal Care Group, a leading dialysis provider, in merger with its competitor Fresenius, successfully negotiating consent decree with FTC, allowing the client to complete the acquisition.
- Representation of Vulcan Materials Company in multibillion-dollar acquisition and divestiture of rock quarries.
- Representation of Checkfree in DOJ investigation into merger, allowing client to complete merger.
- Representation of individual in connection with DOJ investigation into price-fixing in the ocean shipping line industry.
- Representation of Borden, Inc. in a monopolization case in the U.S. District Court for the Northern District of Illinois, resulting in a favorable settlement for Borden. Subsequently defended Borden in (i) over a dozen criminal bid-rigging prosecutions by the DOJ, (ii) over 10 parens patriae cases pursued by state attorneys general, and (iii) price-fixing class actions brought by retailers in federal courts in Florida and Virginia.
- Representation of major airline in 43 nationwide class action suits consolidated in the U.S. District Court for the Northern District of Georgia against major U.S. air carriers alleging price-fixing and in a companion suit brought by the DOJ; case settled with no cash payment.
- Representation of Intel in antitrust litigation and government investigations in the United States, Japan and Korea alleging monopolization and manipulation of standard-setting bodies.
- Representation of an airline executive in connection with a criminal antitrust investigation by the DOJ into alleged price-fixing in the air cargo industry. The firm helped secure a non-prosecution agreement for our client.
- Successfully represented a major German pharmaceutical company in a contested merger case before the FTC that threatened to force divestiture of its leading product.
- Resolved favorably a DOJ investigation into the acquisition by the second largest wire, cable and cord manufacturer in the country, of the third largest player in the industry.
- Successfully resolved an FTC investigation of Borden, Inc. regarding its proposed sale of its condiment business to Heinz Foods (without changes to the transaction or divestiture of assets).
- Defense of Genuine Parts Company (NAPA Auto Parts, the largest auto parts distributor in the world) in criminal investigation of allegedly fraudulent invoicing to San Diego Unified Port District.
- Retention by a federal Court of Appeals to conduct an internal review of alleged judicial misconduct regarding the assignment of politically sensitive cases.
- Served as independent investigators for the board of directors of a publicly traded homebuilder, examining the company’s sub-prime lending and financial reporting practices. As part of the engagement, we represented the company in numerous meetings with the Federal Bureau of Investigation, Securities and Exchange Commission, DOJ, Housing and Urban Development and numerous state commissions.
- Successfully defended marketing executive in a criminal jury trial in the U.S. District Court for the Western District of North Carolina against claims of price fixing among national polyester stable fiber manufacturers.
- Represented a purchasing executive before the Grand Jury in an international price-fixing investigation involving coated papers.
- Defended construction company against bid-rigging claims in four separate trials in Alabama.
- Represented agricultural cooperative before the DOJ and convinced the Department not to challenge the cooperative’s acquisition of a competitor.
- Defense of a major health care company in connection with parallel criminal and civil government investigations and a related qui tam lawsuit.
- Engagement by an international manufacturing company to conduct an internal investigation into possible employee misconduct.
- Representation of construction company in a grand jury investigation involving allegations of bid-rigging; resolved the matter without indictment of the company or individuals.
- Defense of construction company and individual officer in case involving antitrust and bid-rigging allegations and antitrust amnesty application.
- Current representation of executives before DOJ in criminal investigation into alleged price-fixing and bid-rigging.
- Representation of numerous U.S. and international companies in criminal antitrust grand jury investigations.