Antitrust: Illinois

THE FIRM This powerhouse is particularly distinguished for its litigation strength. It continues to defend Bain Capital as one of several private equity houses alleged to have colluded when buying public companies in take-private transactions. The group is also known for its expertise in criminal and civil antitrust matters and represents Component Hardware in connection with price-fixing claims in the food service equipment industry. The department wins further acclaim for its M&A practice and recently led Youbet.com in its sale to Churchill Downs. Other names on the group's impressive client list include Blue Cross and Blue Shield, GM and Navistar.

Sources say: "A tremendous practice. It has a group of outstanding lawyers with a trial-ready philosophy, all well equipped to offer sound, commercial-oriented advice." 

KEY INDIVIDUALS The "highly experienced" James Mutchnik handles antitrust and white-collar defense matters and is recommended as "the real deal when it comes to criminal antitrust representation." He has played a significant role on the Bain Capital, Component Hardware and Youbet.com cases. Andrew Langan is renowned for his expertise in handling class actions, as well as high-profile merger investigations. He enjoys a fine reputation among peers and is described as "a brilliant lawyer with tremendous analytical skills." Daniel Laytin is "a gifted antitrust counselor who has excellent commercial understanding and sound judgment." He specializes in complex litigation and is representing GM in a multidistrict antitrust case involving 70-plus putative class actions in federal and state courts. Acting alongside Laytin on these matters is David Zott. Zott principally focuses on complex commercial and class-action litigation, and is singled out by sources as "a wonderful trial lawyer with a fine understanding of complex antitrust matters."

THE FIRM This international practice is anchored by an impressive Chicago team, well equipped to handle the full range of antitrust matters. In addition to its distinguished litigation and appellate practices, the group's expertise in mergers, cartel investigations, distribution and licensing issues are all major strengths. It is currently serving as co-counsel to ArcelorMittal on a substantial dispute regarding a price-fixing conspiracy connected to the steel industry. The group is also advising Mosaic in a large price-fixing action involving multinational defendants in the global fertilizer sector. A diverse client base also includes NorthShore University Healthcare, United Air Lines and Whirlpool.

Sources say: "The lawyers are responsive, conscientious and act with superb judgment, forming an efficient and professional team."

KEY INDIVIDUALS The much-admired Andrew Marovitz focuses on antitrust litigation and complex commercial litigation and wins praise from sources as "a thoughtful, measured and extremely polished courtroom performer." He continues to defend BASF in high-profile litigation relating to price-fixing and marketplace allocation in the urethane sector. Mark McLaughlin litigates and counsels on antitrust matters and is described as "a thoughtful attorney with a first-rate intellect." In addition to his antitrust practice, he is sought after for his expertise in securities class actions, franchising and distribution matters. The venerable Lee Abrams is widely praised and noted for the breadth of his antitrust experience. This includes representing defendants and plaintiffs in major antitrust disputes, and counseling clients on mergers and distribution issues. In addition to his antitrust work, he also has a highly regarded franchise practice. Britt Miller focuses primarily on private antitrust litigation and related government investigations. "She has a fine courtroom presence, is an effective communicator and takes a sound, business-oriented approach," say sources.

THE FIRM This superb group continues to win plaudits for its work in high-stakes antitrust litigation and class action defense work. The team acts for local, national and international organizations and excels in the health sector. It is defending a group of hospital and healthcare centers in class actions alleging conspiracy to suppress nurses' pay. Other sectors of focus include the steel, chemical, technology and dairy industries. The team recently defended one of the largest dairy cooperatives in the USA in nationwide and statewide putative class actions, which alleged monopolization and conspiracy in the cheese and dairy products market. Sources also praise the team's strength in mergers and criminal antitrust investigations.

Sources say: "A fine group of thoughtful and articulate lawyers who always act in the best interests of their clients."

KEY INDIVIDUALS Joel Chefitz concentrates on complex antitrust litigation and merger defense work. He is praised as "a thoughtful and practical attorney, and a first-rate trial lawyer." He played a significant role in the dairy case and is also defending Steel Dynamics in a high-profile nationwide class action, which alleges a conspiracy to restrict the supply of steel products in the USA. David Marx focuses on civil and criminal antitrust litigation and counseling, as well as distribution and trade regulation. He is singled out as a "thoroughly knowledgeable and detail-oriented antitrust counselor, whose efficiency and responsiveness is second to none." He is renowned for his experience within the healthcare sector, typically advising industry clients facing investigations or enforcement proceedings. He is currently serving as counsel to Lake Forest Hospital in defending a zoning dispute from attempts to change it into an antitrust action.

THE FIRM The Chicago office of this well-established global antitrust player has made a name for itself handling complex, multinational transactions. It recently represented Aon in connection with its $1.75 billion acquisition of Benfield Group. The team is also renowned for its experience in multidistrict class actions and 'bet-the-company' cases, as well as for advising and acting on behalf of major pharmaceutical companies, including AstraZeneca, Eisai and Pfizer. The group is representing Bayer in multidistrict litigation against numerous drug companies, concerning charges of consumer fraud in pharmaceutical pricing.

Sources say: "An extremely proactive and practical antitrust group. The attorneys provide consistently thoughtful analysis and are excellent at crafting creative, economic solutions to highly complex problems."

KEY INDIVIDUALS Jack Bierig draws praise as "a focused, practical-minded attorney with a dynamic intellect." He is renowned for his knowledge and experience in regard to antitrust matters within the health sector and also maintains a busy trade association practice. He recently spearheaded the team's representation of the National Association of Realtors (NAR) in a federal court civil antitrust lawsuit, the DOJ challenging NAR’s policy on real estate listings on the Internet. Charles Douglas is "a seasoned trial lawyer with a fine courtroom presence." In addition to his antitrust expertise, he is also highly experienced handling trade regulation, securities and product liability litigations. The highly regarded John Treece concentrates on antitrust, patent, and general commercial litigation. He is particularly noted for his expertise in the pharmaceutical sector and is representing Pfizer in a series of Robinson-Patman cases brought by several thousand retail pharmacy plaintiffs. Sources single him out as "a responsive, dedicated and business-oriented professional." David Graham is a complex commercial litigator who concentrates principally on antitrust and securities fraud. He has "a strong grasp of antitrust matters and is adept at communicating complex issues to the layman." A recent highlight saw him act on behalf of Citi in a multidistrict class action relating to alleged unlawful restraints of trade.

THE FIRM This international antitrust practice is particularly noted for its class action defense expertise. Healthcare antitrust matters and cartel representation are other fortes, along with multidistrict and cross-border litigation. The team is advising Bemis and subsidiary Morgan Adhesives in 13 federal and state court antitrust class actions, alleging price-fixing of labelstock.

Sources say: "An excellent collection of lawyers make it a genuine force in Midwest antitrust projects."

KEY INDIVIDUALS Roxane Busey and Thomas Campbell are described as "well-established, outstanding healthcare antitrust practitioners." Busey also has substantial experience handling antitrust matters relating to the insurance industry and representing trade and professional organizations. She has antitrust litigation and counseling skills. Campbell is a highly regarded litigator with over three decades of trial experience. Busey and Campbell have been acting in tandem as antitrust counsels for CareCore National, an outpatient diagnostic imaging company. Patrick Ahern is singled out as “a solid, practical-minded trial lawyer" and is recommended for his expertise in antitrust class actions and complex commercial litigation generally.

THE FIRM This dynamic, streamlined practice is highly esteemed for its trial expertise and merger counseling. The group is especially recommended for its experience handling antitrust matters in the petrochemical, oil and agricultural sectors. Its distinguished client list includes Praxair, CITGO Petroleum and Dow Chemical. It currently represents Land O’Lakes in a large multi-district litigation involving alleged price fixing in the eggs industry.

Sources say: "An impressive team with a talented group of confident and experienced antitrust practitioners at the helm, who really know how to get the job done."

KEY INDIVIDUALS Nathan Eimer is hailed as "a first-rate, no-nonsense litigator." He is currently representing Gerdau Steel in connection with an alleged major price-fixing conspiracy in the steel industry.

THE FIRM This compact and highly regarded litigation boutique handles antitrust defense and has a renowned practice acting for plaintiffs. The team represents a number of large chain stores, including CVS, Meijer and Supervalue, and is also a major draw for clients in the financial services sector. Recent work has seen it defending several claims that arbitration clauses in contracts contravene antitrust laws.

Sources say: "The group tackles a variety of antitrust matters and takes a genuinely business-focused approach; it is without question one of the leading plaintiff firms in the Midwest."

KEY INDIVIDUALS Paul Slater attracts much praise for his "thoughtful and comprehensive understanding of antitrust issues." Besides antitrust, he is praised for his experience handling trademarks and patent-related work.

THE FIRM This group has an impressive reputation for civil and criminal antitrust litigation. Clients also pick out its strength in counseling, most notably on mergers and distribution-related issues. The practice has seen an increase in work where antitrust meets IP, and is also well known for its antitrust experience in the health sector. A recent highlight was defeating class certification of a putative antitrust class action, working on behalf of North Shore University Health System.

Sources say: "A practice of real breadth, made up of shrewd and intelligent attorneys with deep antitrust experience."

KEY INDIVIDUALS Mark McCareins is "an adept and highly knowledgeable antitrust litigator." Besides his antitrust experience, McCareins is active in trade regulation and IP. Dan Webb is variously lauded as "a tremendously gifted advocate: undoubtedly one of the best trial lawyers in Chicago." He is renowned for handling high-stakes commercial, civil, regulatory and white-collar crime cases, and is noted for his expertise in products liability and patent and trademark litigation, as well as antitrust matters. He recently won summary judgment in an antitrust class action against client Wyeth, bringing to an end nearly a decade of federal and state cases.

THE FIRM This practice is celebrated for defending companies and individuals in civil and criminal actions and government investigations, as well as representing plaintiffs seeking redress under antitrust and trade regulation laws. It recently represented Xstrata Zinc Canada in an alleged price-fixing case in the sulfuric acid industry. The group also attracts much praise for its counseling practice, particularly with regard to distribution, price setting, mergers and joint ventures. Its impressive portfolio of clients includes Nintendo, McKinsey and ERCO Worldwide.

Sources say: “The lawyers are practical, responsive and always accommodating - they form an excellent group."

KEY INDIVIDUALS Jeffery Cross has over 35 years of trial experience and is described as "a safe pair of hands in the courtroom." He served as senior counsel and co-trial counsel on the Xstrata Zinc Canada case. Eugene Zelek is a renowned expert on marketing-related law, his practice encompassing antitrust, pricing and distribution. Sources single him out as "an exceptional counselor who really thinks outside the box."

THE FIRM This firm is renowned for its representation of plaintiffs and is particularly noted for its expertise in major class actions. It actively pursues price-fixing cases in a wide variety of industries, most notably the pharmaceutical, heavy machinery and technology. Recent highlights include acting against the four principal railroad carriers in connection with an alleged price-fixing conspiracy relating to energy surcharges.

KEY INDIVIDUALS  The "shrewd and ingenious" Michael Freed is held in high esteem by peers for his vast experience representing plaintiffs in antitrust and securities litigation.

THE FIRM This highly regarded practice is heavily oriented towards trial work. It has a fine reputation for handling civil antitrust suits on behalf of plaintiffs and defendants, as well as for taking leading roles in prosecution and defense on complex, multiparty antitrust disputes. The firm has also made a name for itself handling opt-out work for large corporate clients on the plaintiffs side, such as in the processed eggs price-fixing class action. It has established itself as a go-to firm for pharmaceutical organizations, particularly when acting on the plaintiff side, and also counts Sara Lee and Coca-Cola among it clients.

Sources say: "The lawyers are absolute experts: they have decades of experience, are easy to work with and offer sound, practical advice. They make a formidable group, particularly when it comes to negotiations."

KEY INDIVIDUALS Practice head Lee Freeman is a renowned expert on cartels and conspiracies. Sources single him out as "an extremely intelligent yet personable attorney" and "a first-rate litigator who gets the job done, every time, without fail."

THE FIRM The Chicago office of this leading national antitrust practice is well equipped to advise and represent clients in government investigations, as well as civil and criminal litigation. It wins particular praise for its expertise in merger work. A recent highlight saw the firm representing the Potash Corporation of Saskatchewan in several class action lawsuits alleging conspiracy to fix the price and limit the production of potash. The group also has a strong reputation in the pharmaceutical and life sciences arenas, acting as antitrust defense counsel for Boehringer Ingelheim in litigation brought by a generic drug company and relating to the Sherman Act.

Sources say: "The lawyers offer well-considered, tailored advice and are always efficient and conscientious. It's a very practical service and truly great value for money."

KEY INDIVIDUALS "Antitrust superstar" Michael Sennett is renowned for advising clients in mergers and joint ventures, and for handling antitrust litigation and civil investigations. He also assists clients with IP and related patent matters and is praised as "a responsive, accessible attorney who always gives reliable, pragmatic advice." In addition to playing a leading role on the Potash Corporation of Saskatchewan and Boehringer Ingelheim cases, he is also defending Baxter International in several antitrust class actions, which allege a conspiracy to limit the production and fix the price of plasma protein products.

THE FIRM This long-standing team advises and represents a broad client base on a variety of issues, including government investigations and class actions. It continues to attract praise for its strength in M&A and joint ventures, particularly in the publishing, advertising and hotel sectors. The group has been representing InterContinental Hotels & Resorts in several joint ventures and provides the company with general antitrust advice and related marketing counsel. The team has also been advising Pella on price discrimination, another area in which it has specialist expertise.

Sources say: “A great team with well-established and respected counsel; the lawyers offer very sophisticated advice and have a strong customer-service ethic."

KEY INDIVIDUALS The revered Alan Silberman has over 45 years' experience advising and representing clients in connection with antitrust and franchising matters. He is “knowledgeable, responsive, practical and thorough; he's a pleasure to work with and always puts the client's interest first.”

THE FIRM This group handles antitrust matters for a diverse range of clients, including pharmaceutical companies, industrial equipment manufacturers and trade organizations. It is especially well known for its expertise in insurance-related matters; the team has represented CNA in a long-running nationwide class action alleging conspiracy among insurance brokers and property and casualty insurers. The team has also represented Belarusian Potash in several industrywide antitrust class actions brought by direct and indirect purchasers of potash.

Sources say: "A practical, efficient and cost-effective group; the lawyers are commercially astute and extremely service-oriented."

KEY INDIVIDUALS Michael McCluggage is head of the antitrust practice and described as "a formidable litigator, particularly on major class actions." He played significant roles in the insurance and potash cases and is also highly experienced in government investigations.

James Gardner of Neal, Gerber & Eisenberg LLP is described as a "proactive, business-minded attorney with a confident courtroom manner." His clients include TransUnion, Ticketmaster and TicketsNow. Randall Hack of Locke Lord Bissell & Liddell LLP is singled out for his "hard-working and efficient approach." In addition to handling antitrust and IP-related litigation, he is sought after to advise on antitrust compliance, distribution and pricing issues. A recent highlight saw him advise one of the nation’s largest medical device and supply distributors on merger and joint venture issues. Laura Keidan Martin of Katten Muchin Rosenman LLP is renowned for her expertise in healthcare antitrust work and is praised as "a highly intelligent and client-focused practitioner." Andrew Klevorn recently joined Katten Muchin from Eimer Stahl, adding depth and experience to the practice. A commercial litigator with an emphasis on antitrust and complex commercial litigation, he is singled out as a "polished and self-assured attorney who really instills absolute trust in his clients." Brian Lewis recently joined Barnes & Thornburg LLP from Wildman Harrold. He is particularly adept at handling matters relating to the intersection of antitrust and IP, and wins praise as "a very effective litigator and a sound, business-focused adviser."

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