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Practice Area Overview
Private antitrust litigation can involve a single plaintiff and a single defendant in a single jurisdiction but more often involves groups or classes of plaintiffs often pursuing claims in multiple jurisdictions. Anticompetitive conduct that is condemned by the antitrust laws is often alleged to have harmed large groups of consumers or competitors, and the availability of treble damages under the antitrust laws provides a strong incentive for pursuing class claims. As with government antitrust litigation, the subject matter of private antitrust litigation can vary widely, including claims for alleged price fixing, price discrimination, bid rigging, tying, refusals to deal, vertical trade restraints, monopolization, attempted monopolization, and unfair competition.
Because antitrust litigation is often characterized by parallel governmental actions and private litigation spanning multiple domestic and even foreign jurisdictions, managing the risks of monetary and reputational harms consistent with the client’s business needs and goals requires a great deal of sensitivity and judgment on the part of the antitrust litigator. A skilled antitrust litigator must understand his or her client’s overall business operations as well as objectives and be able to develop a comprehensive strategy for dealing with many claimed stakeholders.
The intersection of antitrust and intellectual property law is an increasing focus in antitrust litigation. In part because patents convey limited monopolies, it is not uncommon for defendants in patent and copyright litigation to assert that plaintiffs have engaged in anticompetitive conduct in violation of the antitrust laws. The ownership and licensing of large portfolios of intellectual property rights — especially patents that are essential to practicing industrywide standards — have been a particular focus of recent antitrust litigation. For example, the U.S. Department of Justice has recently examined the acquisition of large patent portfolios by Microsoft, Apple, and others. And there are numerous pending investigations and litigations concerning whether owners of standards-essential patents are entitled to obtain injunctions against alleged infringers.
Peter T. Barbur, Partner
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Olivia Adendorff is a litigation partner in the Dallas and Washington, D.C., offices of Kirkland & Ellis LLP. She has broad experience in consumer protection, false advertising and antitrust matters, with particular experience in FTC investigations, private antitrust litigation and class actions. She defends corporations in a wide variety of industries, including Fortune 500 pharmaceutical and technology companies. Olivia has acted as trial and appellate counsel in both individual and cla...
Chad Arnette is a partner in the firm's Litigation Practice Section. Mr. Arnette represents corporate and individual clients in a wide variety of business litigation in state and federal courts involving real estate, healthcare, oil and gas, employment, antitrust, tax and other matters. Mr. Arnette has participated in numerous civil and criminal trials in state and federal courts, multi-week administrative proceedings, arbitrations, and appeals.
Richard Alan Arnold is a nationally recognized trial lawyer specializing in complex litigation. He has tried antitrust cases for plaintiffs and defendants. During his over 30 years of concentration on these cases, his practice has emphasized individual plaintiff cases rather than class action or mass action representation. He has represented public companies, entrepreneurial individuals, and privately-held companies in plaintiff’s antitrust cases in a wide variety of industries, includi...
Clifford H. Aronson serves as the North American leader of Skadden’s Antitrust and Competition Group. He focuses his practice on advising clients in antitrust matters relating to mergers and acquisitions. He has been involved in numerous high-profile transactions and strategic alliances across multiple industries, including entertainment, consumer products, health care, manufacturing, pharmaceutical, retail and technology. Mr. Aronson, who is listed in the top tier in Chambers USA: Amer...
Dan Attridge has practiced in Kirkland's Washington, D.C., office since 1980 and served as the managing partner of the Washington, D.C., office from 1998 to 2013. He is a very experienced trial and appellate lawyer who has litigated cases before federal and state courts, administrative agencies, and arbitration panels throughout the United States. His cases have involved a wide range of industries and practice areas, including intellectual property; antitrust and unfair competition; commercia...
In the course of your career, you will likely face at least one legal dispute that you can't afford to lose but can't resolve without expert help. To manage the risk successfully, you will need to partner with someone who has the necessary experience, skill, and resources. Many people in your position seek to engage me to do just that. Read on to see why. Trial counsel People who should know have described me as an "incredibly gifted lawyer" (Chambers and Partners) who is "magic in the courtr...
Charles Barrett joined Neal & Harwell in September 2015. He works as a civil litigator in state and federal courts across the country. His practice focuses on personal injury cases, antitrust and consumer class actions, and False Claims Act claims, but he has also represented large multinational corporations in commercial disputes. Away from the office, Charles spends time with his wife, Elizabeth, and their five children. He also served on the board of directors of the Martha O’Bry...
Sam Baxter is a principal in McKool Smith's Marshall and Dallas offices. He is a former Texas state district judge and district attorney for Harrison County, Texas. Few people know the Eastern District of Texas—an important venue in intellectual property litigation—as well as Sam does. His unique ability to connect with jurors and skillfully cross-examine witnesses has helped him secure significant verdicts for clients. Four of these victories have been recognized in The National ...
David J. Beck is consistently recognized as one of our country’s best trial lawyers. This recognition has grown from the consistent results he has achieved for his clients in his more than forty years of practice. From the smallest disputes to the billion dollar cases, David understands the importance of each case to his client, and he approaches each with the same intensity and integrity that has served him - and his clients - so well for so long. For David Beck, every case is a story ...
William Bernstein has practiced law for more than three decades. Who’s Who Legal called him, “a leader in the plaintiffs’ bar in the fields of complex civil litigation, antitrust , and consumer protection law.” Notable cases Bill has litigated include price-fixing suits against pharmaceutical companies on behalf of retail pharmacies, consumer claims against the world’s largest vitamin manufacturers for crafting a global “vitamins cartel,” charges agai...
Adam Biegel leads Alston & Bird’s Washington, D.C., antitrust practice team. He has substantial experience representing clients on antitrust counseling and litigation matters, including those involving government and internal investigations, mergers and joint ventures, pricing and distribution practices, compliance counseling and training, multidistrict litigation and pre-merger reviews under the Hart-Scott-Rodino Act, particularly in the health care, manufacturing, financial servic...
William “Bill” Blechman’s practice concentrates on antitrust law, predominately on the plaintiff’s side. An experienced trial lawyer, Bill typically represents the specific client interests as plaintiffs of large public and private companies. He does not engage in plaintiff’s class or mass actions. He is among the hard to find two-way players as he also does antitrust defense work. He has represented companies in defense of federal criminal grand jury investigati...
Tom Boeder has more than 25 years' experience as a commercial litigator. His practice includes cases involving antitrust, antitrust clearance for mergers and acquisitions, class actions, consumer product liability and consumer protection litigation, and intellectual property litigation. A former deputy attorney general and chief of Antitrust, Consumer Protection and Criminal Law Enforcement in the Washington State Attorney General's Office, Tom has worked on a number of significant cases over...
Teresa Bonder is the chair of the firm’s Antitrust Practice Group. She focuses her practice on the areas of antitrust and other commercial litigation—including class actions—and antitrust counseling, with respect to mergers, acquisitions and other business ventures. Teresa has successfully represented clients in the financial services, dairy processing, real estate, consumer credit reporting, floor covering, travel, telecommunications and other industries in antitrust and ot...
Neville Boschert is a partner in the Litigation Practice Group. He focuses on antitrust, business tort, trade secret, non-compete, insurance, and products liability disputes. Neville has more than 30 years of experience practicing law, including a two-year clerkship with US District Judge William C. Keady, Chief Judge of the US District Court for the Northern District of Mississippi. He has been active in the American Bar Association and the International Association of Defense Counsel, and h...
Brandon began his legal career working for judges—first clerking for a Missouri Supreme Court judge and then for a U.S. District Court judge. He then entered the courtroom as a litigator, and over the last 13 years has litigated significant, high stakes cases in courts in Kansas, Missouri, and fourteen other states. Brandon has represented corporate and individual clients in matters ranging from trucking accidents to antitrust monopolies to large breach of contract and business tort mat...
Michael Brickman is a skilled trial attorney and legal strategist who has devoted his career to representing consumers in complex legal matters against the world’s largest corporations. He is a founding member of RPWB. From confronting anti-competitive and unscrupulous business practices to helping those harmed by dangerous products, Michael is known for taking on challenging cases in emerging areas of the law that benefit workers, consumers and ordinary investors. Michael was born in C...
Mr. Brown heads the firm’s Commercial Litigation Section as well as its Professional Liability Practice Group. He is a member of the firm’s Board of Directors and serves as the firm’s Loss Prevention Partner. His practice focuses on complex litigation, including banking and contract disputes, professional liability litigation, legal malpractice defense, antitrust litigation, trusts and estates litigation, First Amendment litigation, and Education law. For over two decades, Mr. Brown has succe...
David Burman, a partner in the firm's Commercial Litigation practice, has more than 30 years of experience in litigation, including antitrust, appellate, class action, consumer protection, constitutional, media, patent and intellectual property, privacy, and other cases. He also counsels clients in these and other areas. He has worked on many high-profile cases, including two U.S. Supreme Court arguments, the trial contesting the 2004 Washington State Governor's election, Costco Wholesale Cor...
We are in a battle for the future of our democracy. The frontline is the courtroom. Sounds dramatic, doesn’t it? Maybe a little heavy-handed? I write and speak like this because it matters. And I care. At our founding, Thomas Jefferson said this: “I consider trial by jury as the only anchor ever yet imagined by man, by which government can be held to the principles of its constitution.” Access to our courts is the bedrock of our democracy. But the truth is that the civil jus...
Howard Cabot is widely recognized nationally as a leading courtroom lawyer in complex and sophisticated litigation, including antitrust, securities, intellectual property and class actions. His experience extends to state and federal court matters, as well as emergency injunctions, jury and non-jury trials, and appeals. His jury trials have ranged from several days to as long as six months. He also teaches trial advocacy, evidence and professionalism as an adjunct professor at the Sandra Day ...
Clients turn to Craig Caesar's trial and appellate experience for help with complex business disputes and government investigations. His decorated background of courtroom success has earned him the trust of regional and national clients in health care, manufacturing, telecommunications and financial services. He advises clients on a variety of issues, from antitrust and trade regulation matters to state and federal litigation. For nearly 20 years, Craig has served as the principal outside cou...
Joe Callow leads litigation matters on a national, regional, and local basis. Joe works primarily on complex litigation. He has experience in class actions/collective actions and multi-district litigation, as well as environmental, securities, IP, antitrust, and commercial litigation. Joe currently represents several state Attorneys General in complex litigation. Joe was one of the lead litigation counsel for the State of Ohio in its litigation against opioid distributors that resulted in an ...
James R. Carroll heads the litigation practice of Skadden’s Boston office. Mr. Carroll has broad experience — including jury trial experience — in consumer products, insurance, subprime-related issues and securities class action defense, as well as a broad array of complex civil litigations. Mr. Carroll is handling a number of purported class actions for major national life insurers and is defending a variety of purported class and individual actions in the life, disability ...
A partner in Lieff Cabraser’s San Francisco office, Lin Chan’s successes include representing California consumers and third party payors charging that brand name and generic drug manufacturers conspired to restrain competition in the sale of Bayer’s blockbuster antibiotic drug Ciprofloxacin (Cipro) . In 2017, plaintiffs in the Cipro case settled with all remaining defendants, bringing the total recovery to $399 million. Lin won AAI’s Antitrust Enforcement award for &l...
Robert Clark has extensive experience in complex litigation, representing local and national companies with respect to securities, class actions, trade secrets, antitrust, corporate governance, intellectual property, shareholder derivative actions, etc. He has extensive experience representing clients in state and federal courts including trials, arbitrations, appeals, and settlements. Mr. Clark has served as President of the Utah Chapter of the Federal Bar Association. He received a Bachelor...
Michael Clyde, a partner in the firm's litigation practice, has more than 30 years of experience in securities, corporate governance, professional liability, antitrust and other complex litigation. He has represented securities issuers, directors, officers and professionals in a wide variety of litigation involving securities, corporate governance and financial disclosure and accounting issues. In December 2009, Michael was lead trial counsel for craigslist, Inc. in eBay v. Craig Newmark, whe...
Debbie Corbishley has more than 30 years of experience litigating complex commercial cases of all types in state and federal court. She has represented clients in bet-the-company litigation involving common law and statutory business torts, contract disputes, fraud and conspiracy claims, state and federal securities law violations, fraudulent conveyances, class actions, and corporate and partnership issues. In many of these matters, she has coordinated with criminal, SEC, regulatory, bankrupt...
Chris Cormier is an accomplished lawyer with substantial experience litigating high-stakes antitrust and commercial cases on behalf of plaintiffs. Appointed as lead counsel in multiple nationwide antitrust class actions in the past 15 years, Mr. Cormier served on the trial team that secured the largest price-fixing verdict ever issued, in addition to other favorable verdicts and settlements in federal courts from Kansas City to New York City. The founding partner of the Denver office of Burns...
Sarah Crooks, a partner in the firm's Commercial Litigation group, focuses her practice on navigating clients through complex business litigation, class action lawsuits and attorney general investigations across a variety of industry sectors, including the telecommunications, food and restaurant, childcare and education and real estate sectors. Sarah also has extensive experience representing clients in the areas of consumer protection, securities litigation, fraudulent transfer litigation an...
Mark A. Cunningham is a partner in the Litigation Practice Group and co-team leader of the corporate compliance and white collar defense team. Mark provides strategic advice to clients on competition and trade issues related to the structuring of national and global distribution networks, joint ventures, mergers and acquisitions, and intellectual property protection. Mark also serves as first-chair trial counsel for companies and individuals under law enforcement scrutiny or facing bet-the-co...
Alistair Dawson is an acclaimed trial lawyer. Alistair has handled and tried a variety of challenging commercial lawsuits. As a result of his skills and hard work, Alistair has earned widespread praise from clients and colleagues as a “go to” trial lawyer. He is recognized by Best Lawyers in America (2012-2015) for commercial litigation, Benchmark Litigation as a Local Litigation Star - Texas (2014) for antitrust and commercial litigation, and by Chambers USA (2005-2015) as a lead...
Don M. Downing is a former Missouri Chief Deputy Attorney General and managing partner of the St. Louis office of one of the region's largest law firms. As Chief Deputy Attorney General - Missouri's top appointed legal officer - from 1993 to 1995, Mr. Downing was the lead lawyer in cases involving consumer protection, antitrust, environmental, securities and many other areas of law. He appeared before the Supreme Court of the United States four times, including one case he personally argued. ...
Eric B. Fastiff has practiced commercial litigation for the past 25 years, working on numerous cases involving the drug, food, technology, finance, and natural resource industries. He also represents businesses in commercial disputes with their suppliers and competitors. His clients include governments, Native American tribes and their health providers, businesses, individuals, and consumer groups. Eric currently represents numerous Native American tribes and health providers seeking to recov...
Susan Foster, a partner in the firm's Litigation practice, focuses her practice on antitrust and trade regulation counseling and litigation as well as intellectual property, advertising and other complex business and financial litigation. In her counseling practice Susan assists clients with a full range of antitrust and marketing issues including distribution counseling, advertising and promotion issues, strategic alliances and Hart-Scott-Rodino premerger notification matters. Her clients en...
Lawrence I. Fox was a partner for over twenty-two years at McDermott Will & Emery and retired on December 31, 2012. When he was at the Firm he was a member of the Distribution Law & Strategies Group and was also the head of the Antitrust and Competition practice of the Firm’s New York office. He has represented clients in handling investigations, litigations and trials commenced by private plaintiffs as well as federal and state antitrust authorities. Larry’s litigation an...
Mr. Gardner is a Member in the Jennings Strouss Business Litigation practice and is the Firm's Managing Attorney. He is a trusted advisor to both entrepreneurs and businesses of all sizes. In that capacity, he routinely counsels clients on ways to mitigate risk, achieve business objectives, develop and implement employment policies, and build, secure, and protect intellectual property. Mr. Gardner focuses his litigation practice on securities litigation and arbitration, class action defense, ...
Over 30 years representing defendants in business and complex litigation, including commercial and employment disputes, securities, class action and antitrust cases. Has lectured in the areas of trial practice, civil procedure, and insurance law. Former President of the Oklahoma County Bar Association, 2007-08.
Trial Lawyer and Competition Advocate Brendan P. Glackin chairs the firm’s antitrust practice group. He has practiced antitrust law for over two decades and has tried more than 20 civil and criminal cases. He served as trial counsel in the liquid crystal displays (LCDs) price-fixing litigation ($470 million in settlements); and the Norvir antitrust litigation. He also served as lead trial counsel for the firm in the titanium dioxide price-fixing class action ($163.5 million in settlemen...
Andy is a seasoned senior litigator with 45 years of experience and a national reputation in business, antitrust, health care law, government contracting, and procurement and appeals. He is also one of Arizona’s best-known experts in election law, having represented a wide array of elected officials and campaigns, including former Arizona Governor Janet Napolitano, Phoenix Mayor Phil Gordon, and a number of initiative and referendum campaigns. He also is a Judge Pro Tem on the Maricopa ...
Joshua Gray focuses his practice on antitrust litigation. Josh worked at the Federal Trade Commission (“FTC”) for eight years during two Democratic administrations and served in several senior positions in both policymaking and litigation roles. After graduating from law school, Josh clerked for The Honorable James L. Oakes, Senior Circuit Judge on the United States Court of Appeals for the Second Circuit. Following his clerkship, Josh joined the FTC during the Clinton administrat...
Denise Gunter has more than two decades of experience representing clients in a variety of antitrust matters. She represents clients in civil and criminal antitrust litigation and government investigations and advises clients on pricing, distribution, mergers and acquisitions, joint ventures, and Hart-Scott-Rodino premerger notification filings. Though Denise's antitrust experience covers a variety of industries, she has a particular focus on healthcare antitrust matters and regularly advises...
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