ANTITRUST LITIGATION: Our core strength is high-stakes antitrust litigation. Clients regularly retain us to represent them in antitrust trials, class actions, multidistrict litigation and other litigation involving complex issues, such as the intersection of antitrust and intellectual property.
MERGERS AND ACQUISITIONS: We also have deep experience handling the significant antitrust issues associated with mergers and acquisitions in various industries. We regularly counsel clients on the structure of, and risks associated with, proposed transactions, obtain necessary pre-merger clearances in compliance with the Hart-Scott-Rodino Act (HSR) and successfully navigate clients through government merger investigations with no or minimal divestitures. For our clients that operate on a global scale, we also assist with international pre-merger notifications, helping clients navigate the more than 70 jurisdictions that require filings and approvals for transactions that satisfy jurisdiction-specific criteria. Our antitrust lawyers also represent clients in investigations by the Department of Justice (DOJ), the Federal Trade Commission (FTC), state attorneys general and foreign enforcement agencies, including the European Union and the Korean, Japanese and Taiwanese Fair Trade Commissions, to name a few.
BUSINESS COUNSELING: Clients also regularly turn to us for efficient and practical antitrust counseling on a wide variety of issues, from participation in trade associations and patent pools to the intricacies of daily contract, pricing and distribution activities. We also have created dozens of industry-specific antitrust compliance policies and training programs for U.S. and foreign companies seeking to prevent antitrust problems.
Our group has been named on multiple occasions to Global Competition Review’s list of the 100 leading antitrust and competition practices in the world. Several of our antitrust lawyers have consistently been recognized by Chambers & Partners, Best Lawyers and other third-party review groups, and a number of our lawyers serve as leaders within the American Bar Association Section of Antitrust Law.
Bringing Value to Our Clients
We understand that clients want value and results, not simply hours and effort. We accordingly encourage the use of alternative fee arrangements. For our antitrust practice, we use volume discounts, discounted rates with reward factors, flat fees (for complete litigation or for stages), capped fees, blended rates, contingent fees and combinations of the above.
- Representation of Dell and Nokia in the prosecution of antitrust claims over price fixing by LCD screen suppliers in a MDL proceeding in California, and representation of Dell in the prosecution of antitrust claims over price fixing by Cathode Ray Tube and Optical Disk Drive suppliers in MDL proceedings in California.
- Representation of Nokia in licensing disputes and negotiations involving its standard-essential patent portfolio against other telecommunications giants.
- Representation of Equifax in the defense of a lawsuit by Fair Isaac Corporation (FICO) asserting Sherman Act Section 1 and Section 2 claims, as well as trademark claims, against Equifax and other credit bureaus related to the creation of a new credit score to compete with the FICO score. Also won dismissals of Equifax in separate, unrelated antitrust litigation in state and federal courts in California, as well as federal courts in Ohio and Pennsylvania.
- Representation of Graphic Packaging, the largest U.S. manufacturer of paperboard and folding cartons, in a major federal merger investigation and in negotiation of a consent order allowing the proposed transaction to be consummated in a timely manner with divesture of only two facilities.
- Representation of DIRECTV in two putative nationwide class actions pending in the Southern District of New York challenging the National Hockey League’s and Major League Baseball’s systems for distributing televised games. The plaintiffs allege that the leagues, their teams, a number of regional sports networks, Comcast and DIRECTV violated Sections 1 and 2 of the Sherman Act by conspiring to divide up the markets for live hockey and baseball broadcasts.
- Representation of SunTrust Banks, Inc., in dozens of consolidated antitrust class actions alleging that the setting of interchange and merchant discount fees by the Visa and MasterCard credit card networks violates Sections 1 and 2 of the Sherman Act. The Judicial Panel on Multidistrict Litigation consolidated the actions in the Eastern District of New York.
- Representation of Interactive Communications International, Inc., in the defense of a lawsuit by nFinanSe, Inc., asserting Sherman Act Section 1 and state law breach of contract and promissory estoppel claims in the Northern District of Georgia. Defeated a motion for preliminary injunction and won dismissal of a Section 1 claim. Defeated a petition to the Eleventh Circuit for interlocutory appeal, resulting in voluntary dismissal with prejudice of remaining claims by nFinanSe.
- Representation of multiple listing services in the defense of a lawsuit by a putative class of real estate buyers and sellers, asserting claims under Sherman Act Section 1, the Real Estate Settlement Procedures Act, and state law unjust enrichment in the Northern District of Georgia. Successfully challenged Section 1 claims on a motion to dismiss.
- Representation as primary outside U.S. antitrust counsel of one of the largest chemical manufacturers in the world. Represented the company in a Federal Trade Commission Second Request investigation and secured termination of the investigation after only limited production of documents and two depositions; we also coordinated clearances from the European Commission and the Canadian Competition Bureau.
- Representation of a chemical manufacturer against monopolization and attempted monopolization claims related to the acquisition of multiple IP rights and the alleged refusal to license IP to a competitor. Defeated a motion for preliminary injunction and successfully obtained a TRO enjoining the competitor from infringement.
- Representation of a major building materials manufacturer in two price-fixing suits in multidistrict litigation in the U.S. District Court for the Eastern District of Pennsylvania, ultimately negotiating a settlement that constituted a small fraction of the class plaintiffs’ claimed damages.
- Representation of Dell in a commercial litigation matter involving claims of unfair and deceptive trade practices and alleged damages of more than $5 billion in the Civil District Court for Orleans Parish, Louisiana. A jury trial resulted in the maximum exposure of 0.02 percent of the total damages sought by plaintiffs.