Antitrust: California
 

Antitrust: California

THE FIRM This historically strong group maintains an extremely diverse antitrust practice, and is particularly noted for advising on high-profile litigation, including cartel work. The firm also handles merger matters for a range of international clients. The team acted on behalf of Intel in a high-profile alleged monopolization case with AMD. It also represented Intel in a suit brought by the FTC alleging that Intel violated Section 5 of the Federal Trade Commission Act in connection with various parts of its business activities and products. On the transactional front, the group represented Ticketmaster in connection with a major worldwide regulatory antitrust review of its merger with Live Nation.

Sources say: "A top-drawer team - the lawyers are knowledgeable, experienced and communicate well. They are really good at getting up to speed with any industry they find themselves in; they really instill confidence."

KEY INDIVIDUALS Gary Spratling is regarded as the "founding father and go-to guy for cartel work." He represented Micron in the DoJ's criminal proceedings in the DRAM industry. Micron paid no criminal fine despite the case resulting in the third highest total fines in history levied against other companies. Daniel Swanson is "a substantive, well-regarded, and talented practitioner." He is particularly sought after by media and entertainment clients, handling matters for industry leaders, including Twentieth Century Fox, Sony Pictures, DreamWorks Animation and MySpace Music. He has over 25 years of experience in antitrust and commercial litigation, and also represents a number of clients in civil and criminal investigations by the DOJ. The highly regarded Joel Sanders is noted for his considerable experience in antitrust matters and other litigious cases. He is lead counsel for Chunghwa Picture Tubes in both the LCD antitrust litigation and the cathode ray tube litigation. He is also taking a lead role on behalf of Micron in the DRAM litigation as well as in another large set of class actions, the SRAM litigation. Sanders is singled out as "a class act - a terrific antitrust litigator and a real straight shooter. He is able to accomplish what he needs to without slamming the table." Sources describe Robert Cooper as a "sincere, understated and charming advocate, as well as a formidable adversary.” He has extensive trial and appellate experience in a variety of fields, including product liability, medical malpractice and corporate securities. He is particularly highly regarded for antitrust and business tort litigation. Recent highlights have seen him play a significant role in the aforementioned matters for Intel and Ticketmaster.

THE FIRM This leading antitrust team wins acclaim for its expertise in litigation, government relations, merger clearance and cartel defense work. On the mergers front, the group handled Oracle’s high-profile $7.3 billion acquisition of Sun Microsystems. It also represented Live Nation in its major $2.5 billion merger with Ticketmaster. Another recent highlight has seen the team obtain a complete defense judgment for Ovation Pharmaceuticals, now Lundbeck, in a case brought by the State of Minnesota and the FTC. This case challenged Ovation’s acquisition of an exclusive license to manufacture and sell NeoProfen in the USA. The group also continues to represent Singapore Airlines Cargo in an extensive worldwide air cargo cartel investigation.

Sources say: "A skilled and cohesive group with consistent, high-quality legal talent at every level."

KEY INDIVIDUALS The universally admired Daniel Wall is singled out as a "first-rate trial lawyer" and a "shrewd, strategic thinker who makes sound, accurate judgments." He successfully represented Toshiba regarding the alleged price fixing of NAND flash memory in a DOJ grand jury investigation. Karen Silverman's practice spans the gamut of antitrust work, including governmental and private enforcement matters and litigation in connection with domestic and international transactions. She played a significant role in the aforementioned matters for Live Nation and Oracle, and is recognized for her "confident, effective and persuasive courtroom presence." Alfred Pfeiffer is "a terrific litigator and fine tactician." He has more than 20 years of antitrust litigation experience across a broad range of industries and draws particular praise for his expertise in the information technology and telecommunication arenas. Charles Samel enjoys a fine reputation "as a superb and highly adept class actions litigator."

Since publication, Charles H Samel has joined Perkins Coie LLP

THE FIRM This well-established national antitrust group remains a stalwart of the California market. The team handles transactional, litigious and governmental work for an impressive client portfolio ranging from small startup companies to multinational corporations. The group represented supermarket chain Albertson's against antitrust claims asserted by the California Attorney General regarding a mutual strike assistance agreement. It is also acting on behalf of TMC Healthcare in an antitrust class action alleging a conspiracy to depress the wages paid to temporary nurses.

Sources say: "A robust and fully committed firm."

KEY INDIVIDUALS Jeffrey LeVee is "a talented and successful litigator with a self-assured and understated approach." He was involved in the aforementioned matters for Albertson's and TMC Healthcare. He also represented ICANN in connection with an antitrust lawsuit regarding a proposed settlement agreement with VeriSign related to .com domain names. Craig Waldman is best known for his skill in handling M&A-related matters and government investigations. He is advising NVIDIA in relation role in the FTC’s investigation and lawsuit against Intel. Another highlight has seen him act as antitrust counsel to Bell Microproducts during Avnet's $594 million acquisition of the company. Robert Mittelstaedt is a well-known and highly regarded antitrust litigator with more than 30 years' experience in complex commercial cases. He represented Chevron regarding a price-fixing antitrust class action involving Shell, Texaco and Saudi Refining.

THE FIRM This excellent antitrust practice represents both plaintiffs and defendants. The team is particularly renowned for its expertise in Section 2 cases and for its strong track record in class action civil work. The group recently won summary judgment on behalf of eBay in a major monopolization case in connection with eBay's acquisition of PayPal. Another notable highlight has seen it representing Agrium in two consolidated class actions of direct and indirect purchasers relating to the potash industry.

Sources say: "The group really stands out for its hands-on approach; the lawyers are responsive, thoughtful and extremely client-focused."

KEY INDIVIDUALS Managing partner of the firm's San Francisco office, Michael Tubach handles criminal, antitrust, securities and IP disputes in addition to antitrust matters. He played a significant role in the eBay monopolization case mentioned above, and is singled out for his "deep and thorough understanding of antitrust law, which is coupled with a patient and proactive work ethic." Chuck Diamond has a reputation as an "excellent litigator." He is well known for his work in the entertainment industry, and on IP disputes as well as antitrust-related matters. Ken O'Rourke is making a name for himself in the antitrust arena handling large, complex civil litigation. He wins particular acclaim for his cartel work and is currently representing Hynix Semiconductor in numerous antitrust matters ranging from international cartel and price-fixing allegations to monopolization cases focused on the intersection of antitrust law and IP rights.

THE FIRM The California office of this national powerhouse has seen an increase in work at the intersection between antitrust and IP matters. The team represented VeriSign regarding allegations that VeriSign unlawfully coerced ICANN and the Department of Commerce to grant it the right to operate the .com and .net domain name registries. The group is also sought after for its expertise in handling antitrust and unfair competition class actions. The team is representing BP in class action lawsuits concerning the alleged selling of gasoline without accounting for fluctuations in energy content due to temperature changes. Other key clients include Visa, NBC Universal and Live Nation.

Sources say: "A fine team of smart, helpful and knowledgeable lawyers."

KEY INDIVIDUALS Ronald Redcay is described as "a highly intelligent and discerning practitioner with sound judgment." In addition to handling the above matters for BP, he is also the lead attorney representing LG Electronics and affiliated companies regarding price-fixing allegations and other anticompetitive behavior in relation to the CRT market. Robert Taylor has recently joined the firm as senior counsel from Mintz Levin and is highly regarded for his wide-ranging antitrust and IP experience.

THE FIRM Bingham McCutchen has made a particular name for itself on the West Coast handling major work for technology clients. The team is praised for its expertise in civil litigation and class actions. A recent highlight was serving as lead counsel to Intel in over 75 federal class actions which allege that Intel violated federal and state antitrust laws, and damaged consumers, with the sales and marketing practices for its microprocessors. It also does a significant amount of work for SanDisk, and recently represented the corporation in connection with consolidated multidistrict direct and indirect purchaser class action complaints, which settled on favorable terms.

Sources say: "A fearless team; the lawyers are smart, professional and consistently go beyond the call of duty."

KEY INDIVIDUALS Donn Pickett is "an experienced and highly respected antitrust litigator." In addition to playing significant roles in the above matters for Intel and SanDisk, he is acting on behalf of Oracle in a high-profile litigation. Oracle is seeking damages from SAP AG, SAP America and TomorrowNow for violations of the Copyright Act and Computer Fraud and Abuse Act, interference with customer relations and other claims. Seasoned lawyer Frank Hinman has over 20 years of antitrust experience. He represents clients in all aspects of competition law, including class action defense and other civil litigation, merger review and criminal investigations. As well as acting as lead counsel on the SanDisk case, he is handling more than 70 of the aforementioned federal class actions on behalf of Intel. He is praised as "a talented antitrust attorney who provides excellent advice to clients."

THE FIRM This highly regarded boutique maintains an impressive antitrust trial track record acting predominantly on behalf of plaintiffs. It is particularly noted for its experience in Section 2 matters and has also seen a recent increase in filing conspiracy cases. The group is currently engaged in a case opposite Universal Music in connection with market monopolization in the music industry and is also acting against FedEx and UPS in a matter regarding the termination of dealings with third-party consultants.

Sources say: "The premier antitrust plaintiffs' firm in the state. The team has a fine reputation for clear, straightforward thinking and thorough preparation."

KEY INDIVIDUALS Founding partner Maxwell Blecher is described as "a legend at the antitrust plaintiffs' Bar. He remains a fine advocate and a formidable adversary."

THE FIRM This solid team handles antitrust litigation, agency investigations and M&A-related matters. The firm is also seen to be increasingly active in mandates involving the intersection of antitrust and IP law. It is renowned for its work with technology companies and is representing Seiko Epson in major LCD antitrust litigation. The group is also doing a substantial amount of work in the life sciences and pharmaceutical arena. It is representing McKesson in three coordinated cases brought on behalf of city, county and state governmental entities nationwide regarding the price of brand-name prescription drugs.

KEY INDIVIDUALS Penelope Preovolos is noted for her substantial experience of advising clients in antitrust, product liability, and consumer class action matters. She is particularly well known for handling matters for electronics and technology companies. She acted as lead attorney for Seiko Epson in the LCD litigation. Sources describe her as a "thoughtful, creative and well-informed antitrust attorney."

THE FIRM This firm maintains a superb reputation and success rate for contentious work and continues to be a popular choice for clients seeking representation in antitrust-related disputes. As well as its expertise in litigious matters, the group is also well equipped to provide advice on compliance programs, distribution issues and M&A. The group's impressive clientele spans the energy, entertainment, pharmaceutical and technology industries. A recent highlight saw the team act on behalf of Microsoft against significant antitrust claims regarding an aftermarket for video game console accessories.

Sources say: "A highly effective group of litigators and a terrific choice for serious contentious matters."

KEY INDIVIDUALS Bradley Phillips is recognized as a "superb trial lawyer." He wins praise for his strengths in antitrust-related disputes, unfair competition, IP and general commercial litigation. Glenn Pomerantz is described as a “practical and effective litigator who has an exceptional understanding of the media and entertainment industry." His distinguished client base includes NBC Universal, Universal Music Group, Twentieth Century Fox and Warner Bros. The "terrifically talented" Jeffrey Weinberger is particularly noted for his expertise in the pharmaceuticals area. He is noted for his work on behalf of Abbott Laboratories in several high-profile matters. In addition to his antitrust practice, he is also commonly called upon to handle IP and other complex litigious matters.

THE FIRM This group continues to prosper following its acquisition of a number of key members from Heller Ehrman's antitrust practice at the end of 2008. The team is well equipped to advise on a range of antitrust issues including M&A, joint ventures, distribution restrictions and IP licensing. The group has made a particular name for itself in international cartel investigations. It represented Mosel Vitelic and Mosel Vitelic Corp in regards to an alleged price-fixing conspiracy in the DRAM market. Microsoft is another of the group's key clients. It acted for the software company in the settlement of a class action brought by government entities regarding alleged overcharging. It also acted in a case regarding operating system software for tablet computers. The firm currently represents Microsoft in a variety of competition matters in the EU.

Sources say: "A very responsive and client-focused group. The lawyers there provide excellent strategic advice and are always three steps ahead of the game."

KEY INDIVIDUALS Robert Rosenfeld is a "creative and detail-focused attorney who provides superb analytical judgment with a keen business-oriented approach." In addition to leading on several significant matters for Microsoft, he was also part of the team that successfully represented Masimo in a Ninth Circuit appeal regarding market share discounts and bundled pricing. Stephen Bomse enjoys a fine reputation as "an accomplished and highly experienced antitrust litigator." He played a lead role in the aforementioned matter for Mosel Vitelic and Mosel Vitelic Corp. He also represents Jiangsu Jiangshan Pharmaceuticals in the first antitrust case regarding alleged price fixing in China. The "legendary" Laurence Popofsky is senior counsel at the firm. He is noted for his wide-ranging experience in antitrust and IP matters. He played a significant role alongside Rosenfeld on the above matter for Masimo.

THE FIRM This firm's antitrust practice encompasses matters involving M&A, class actions and criminal grand jury proceedings. It is also sought after to advise on international antitrust enforcement, pricing practices and product distribution, as well as IP matters and consumer protection issues. The group has made a name for itself in recent years representing SAMSUNG and its entities in a range of national and international cartel matters, including the criminal and civil CRT and SRAM cases. Other significant work includes representing the Digital Cinema Initiative in antitrust matters and acting on behalf of new client China Mobile with respect to international antitrust and IP matters.

Sources say: "A fine, hard-working group; the lawyers are personable, highly responsive and always easy to work with."

KEY INDIVIDUALS Gary Halling leads the firm's antitrust and trade regulation practice group. He continues to be well regarded for his substantive cartel work and is described as "an excellent tactician with a solid, no-nonsense approach." James McGinnis comes recommended for his expertise in antitrust litigation, particularly in relation to the international arena. He wins praise as a "shrewd, strategic and goal-oriented attorney."

THE FIRM This firm is seen to be increasing its presence in the California antitrust market, representing an impressive client base in a variety of transactions and litigious matters. The practice group advises on mergers, class actions, criminal investigations and government civil enforcement actions. A recent highlight saw the team win a dismissal of antitrust claims relating to distributing television channels in 'bundled tiers' brought against Comcast. It is also representing Comcast in the corporate and antitrust aspects of its agreement with GE to form the NBC Universal joint venture. Another significant matter has seen the group represent T-Mobile against a series of federal antitrust class actions regarding the alleged price fixing of text messaging rates.

Sources say: "A strong team that is really beginning to establish itself in California."

KEY INDIVIDUALS Christopher Hockett is "a personable, client-focused attorney who has a really effective manner when it comes to negotiations." He is acting on behalf of T-Mobile in the aforementioned price-fixing litigation and is also representing LG Electronics in over 30 nationwide price-fixing class actions regarding optical disk drives. Arthur Burke divides his time between New York and Menlo Park and wins particular praise for "his fine brief-writing and astute counsel." In addition to playing significant roles in the above matters for Comcast, he is also advising Equinix on the corporate and antitrust aspects of its acquisition of Switch & Data Facilities.

THE FIRM This compact but impressive team handles both transactional and litigious work. The firm is particularly recognized for its work in the biotech and hi-tech industries. The team is also recommended for its strength in M&A-related matters. It recently advised Zappos on its sale to Amazon.com and represented Data Domain in its $2.4 billion acquisition by EMC.

KEY INDIVIDUALS Tyler Baker is described as a “personable, charismatic and intellectually astute attorney." He cochairs the antitrust and unfair competition group alongside Mark Ostrau. Ostrau is singled out for his expertise in antitrust-related matters in the technology sector and the emerging cleantech market.

THE FIRM Although this firm handles a large amount of antitrust work from its DC office, the Silicon Valley team is noted for its strong relationships with a number of leading technology companies, including Google, HP, 3com and Nuance Communications. The group is particularly recommended for its advice and expertise on corporate and M&A matters. A highlight was representing Sun Microsystems in connection with its $7.4 billion acquisition by Oracle.

KEY INDIVIDUALS David Stewart is a key contact in Palo Alto.  

Robert Pringle of Winston & Strawn LLP is "an incredibly well-rounded attorney; experienced, charismatic and extremely practical." Recent work has seen him act on behalf of NEC in the major DRAM and multi-district SRAM antitrust cases. He is also representing NEC against claims of alleged cartel activity and violations of the Sherman Act regarding the optical disk drive market. The much-admired Eugene Crew of Kilpatrick Townsend and Stockton LLP has a distinguished and long-standing reputation in the antitrust arena. Interviewees consider him "a key player at the plaintiffs' Bar." The "highly talented" Anita Stork of Covington & Burling LLP is noted for her experience in federal and state antitrust litigation, and government and internal investigations, as well as litigation in the financial services and healthcare industries. She is representing Philippine Airlines in a civil horizontal price-fixing case, and is also acting for Bank of America in an antitrust case regarding ATM transactions. Geraldine Alexis of Perkins Coie LLP wins praise for her "fine understanding of economics and how it relates to antitrust issues." She is advising First Data on the antitrust and merger review aspects of a joint venture with Bank of America. Joseph Alioto of Alioto Law Firm maintains a highly regarded plaintiffs' practice. He is described as a "genuine talent in the courtroom and a force to be reckoned with." Robert Badal of WilmerHale is praised for his wide-ranging experience in antitrust, IP and complex litigation. He is singled out by sources as "a personable and highly effective practitioner." Allison Davis of Davis Wright Tremaine LLP is recommended by sources for her "judicious and practical approach." She is currently representing two subsidiaries of SANYO Electric in the high-profile LCD price-fixing litigation. Roxane Polidora of Pillsbury Winthrop Shaw Pittman LLP attracts much praise for her strength in contentious matters. Sources single her out as “a major player in consumer protection class actions.” A highlight was representing GE Healthcare as plaintiff in litigation involving trade secret theft. Marie Fiala is a relatively recent addition to the antitrust team at Sidley Austin LLP. She is noted for her wide-ranging experience in energy and financial issues, as well as antitrust matters. Commentators report: "She is as talented, bright and tenacious as they come." Samuel Miller of the same firm is held in high regard for his "terrific knowledge of antitrust law." He was recently successful in representing LG Electronics in the LCD price-fixing case, and continues to advise Microsoft on a range of antitrust issues. Holly House recently joined Paul Hastings LLP from Bingham McCutchen. She is singled out as "a reliable and responsive, business-savvy practitioner." 

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam